The Bank of Russia issues 8 types of licenses for banking operations:
License to conduct banking operations with funds in rubles without the right to attract funds from individuals;
- a license to carry out banking operations with funds in rubles and foreign currency without the right to attract funds from individuals;
- a license to attract deposits and place precious metals without the right to attract funds from individuals;
- license to attract deposits from individuals in rubles;
- license to attract deposits from individuals in rubles and foreign currency;
- general license;
- license to conduct bank clearing;
- license for collection production.
A financial institution from which the Central Bank of the Russian Federation has revoked its permission to carry out banking activities has the right to return its license. To do this, the credit institution must challenge the actions of the Bank of Russia in court. If the decision is positive, the license will be returned. Such precedents have taken place in judicial practice.
The Bank of Russia may, on its own initiative, return a banking license to a financial institution from which it was revoked. This occurs after all violations in the bank’s activities have been eliminated.
Banking licenses are issued by the Central Bank of the Russian Federation. To obtain a document authorizing financial activities, a credit institution must meet a number of requirements.
Banking licenses are issued after registering a financial organization and entering data about it into the register; payment of 100% of the authorized capital; opening a correspondent account for a credit institution with the Bank of Russia. After all these conditions are met, the license is issued to the credit institution within three days.
A general banking license is a document that gives a financial institution the right to carry out banking operations with funds in rubles and foreign currency, to attract deposits of funds from individuals and legal entities in rubles and foreign currency.
A credit organization with a general license can:
Create branches and subsidiaries on the territory of a foreign state;
- place federal budget funds in bank deposits;
- invest in deposits in rubles pension savings and savings for housing provision for military personnel;
- participate in a competition for the right to perform the functions of an agent for the placement of government savings bonds and carry out a number of other operations.
The banking license specifies the financial transactions that the credit institution has the right to conduct, as well as the currency in which these transactions can be carried out. A newly created bank can be issued only three types of licenses. After several years of successful operation and fulfillment of a number of conditions, a financial institution can obtain other types of licenses. As a result, all received documents can be replaced with a general license. Carrying out banking activities without a license is a serious offense.
The revocation of the banking license of a financial institution is carried out by the Bank of Russia. A credit organization's license is revoked upon its liquidation. The basis for such a decision may be systematic violations of the law committed by the bank, bankruptcy, failure to submit reports and other factors. Information about the revocation of a banking license is published in open sources - in the press, on the website of a financial institution. Every year, the Central Bank of the Russian Federation revokes licenses from several dozen financial institutions.
A banking license is issued without specifying its validity period. A financial institution may carry out the types of activities specified in the document until the license is revoked by the Central Bank of the Russian Federation and the credit institution ceases operating. The document contains only one date for issuing a license to a credit institution. Inspections of financial organizations are carried out annually, as a result of which banks may be deprived of their license.
Banking licenses
Banking licensing is a procedure that credit institutions undergo in order to obtain the right to carry out banking operations.In Russia, in accordance with Federal Law No. 395-1 “On Banks and Banking Activities,” banking operations are carried out only on the basis of a license issued by the Central Bank.
To obtain it, a legal entity submits the following documents to the Central Bank:
Application in the prescribed form;
constituent documents of the organization;
business plan of a credit institution;
minutes of the general meeting of founders;
documents confirming payment of the state duty;
certified copies of documents confirming the state registration of the founders of the credit organization;
profiles of candidates for the positions of its manager, chief accountant and their deputies;
audit reports on the reliability of the financial statements of the founders - legal entities;
documents confirming the sources of origin of funds contributed by the founders - individuals;
documents necessary for preparing a conclusion on the credit institution’s compliance with the requirements for conducting cash transactions;
a copy of a document issued by the federal antimonopoly authority and confirming the satisfaction of the application for consent to create a credit organization, if required by law;
documents required for registration of the first issue of shares of a credit institution, if it is created in the form of a joint stock company;
a complete list of founders of a credit institution on paper.
In addition, according to the instruction of the Central Bank of the Russian Federation No. 135-I “On the procedure for the Bank of Russia to make a decision on state registration of a credit organization and issuing licenses for banking operations,” confirmation of timely and legal payment of 100% of the authorized capital is required, as well as registration of a report on the results of the first issue of bank shares if it is created in the form of a joint stock company.
There are several types of banking licenses. Moreover, a credit institution cannot apply to the Bank of Russia for an extended or general license earlier than two years from the date of registration.
Carrying out banking operations without obtaining the appropriate license can lead to the following consequences: for legal entities - recovery of the entire amount received as a result of these operations, as well as a fine of twice this amount to the federal budget and liquidation (for this, the Central Bank of the Russian Federation must go to court ), for individuals - civil or criminal liability in accordance with current legislation.
In practice, obtaining a banking license is a complex and lengthy process. Therefore, in Russian practice, the purchase of already established credit institutions is more common than the creation of new ones.
Revocation of banking license
The grounds for revocation of a banking license are a closed list of violations for which the Bank of Russia revokes the license of a credit institution.According to Federal Law No. 395-1 “On Banks and Banking Activities,” there are two lists of grounds for applying such a sanction by the Central Bank: when it is clearly obliged and when it can do so.
The Bank of Russia is obliged to revoke a banking license in the following cases:
If the capital adequacy of a credit institution falls below 2%;
if the amount of own funds is less than the minimum value of the authorized capital established on the date of state registration (the norm does not apply to credit institutions during the first two years from the date of issue of the license);
if the credit institution fails to comply on time with the requirements of the Bank of Russia to bring the amount of its authorized capital into conformity with the amount of its own funds;
if the credit institution is unable to satisfy the claims of creditors for monetary obligations or fulfill the obligation to make payments within 14 days from the date of their due date. At the same time, these requirements in total must amount to at least a thousand times the minimum wage;
if the bank allowed a reduction in the amount of capital to a level below the minimum amount of own funds established by the Central Bank and calculated according to its methodology. In this case, the bank can apply to the Central Bank with a request to transfer it to the category of non-bank credit organizations.
The Bank of Russia may revoke a banking license (but is not obliged to do so) as a result of the following violations:
The information on the basis of which the said license was issued was revealed to be unreliable;
the start of banking operations provided for by the license was delayed for more than one year from the date of its issuance;
facts of significant unreliability of reporting data were identified;
submission of monthly reports is delayed by more than 15 days;
carrying out, including one-time, banking operations not provided for by the existing license;
failure to comply with federal laws and regulations governing banking activities, if within one year measures provided for by federal law were repeatedly applied to the credit institution, as well as repeated violations within one year of the requirements of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime, and financing of terrorism";
repeated failure within one year to comply with decisions of courts and arbitration courts - demands for the collection of funds from the accounts (deposits) of clients of a credit institution;
availability of a petition from the temporary administration of the bank;
repeated failure by the credit institution to provide the Bank of Russia with updated information required to make changes to the unified state register of legal entities within the prescribed period;
failure of a credit organization that manages mortgage coverage to comply with the requirements of the Federal Law “On Mortgage Securities” and regulatory legal acts, as well as failure to eliminate violations within the established time frame, if within one year the credit organization was repeatedly subject to measures provided for by the Federal Law “On the Central Bank of the Russian Federation” Federation (Bank of Russia)".
The Central Bank appoints a temporary administration to the bank no later than the next day after the decision to revoke the license is made. By law, such a credit institution must be liquidated. If there are sufficient funds, voluntary liquidation is carried out; if there are insufficient funds, a bankruptcy procedure is carried out.
In practice, the Central Bank most often revokes licenses from banks with the following wording: due to failure to comply with federal laws regulating banking activities and regulations of the Central Bank, establishing facts of significant unreliability of reporting data, as well as failure to satisfy the demands of creditors for monetary obligations.
Issuance of banking licenses
Banking activity, firstly, affects the property interests of an unlimited number of entities, and secondly, due to its specificity, it can have a decisive influence on economic processes in the country as a whole. These circumstances are a completely logical prerequisite for establishing more stringent requirements for banks in order to ensure public safety compared to other business entities.The Institute of Banking Licensing is designed to protect the interests of depositors and other bank clients from incompetent management and risks, as well as the interests of the state in maintaining stability in the economy.
As the Constitutional Court of the Russian Federation emphasized, the licensing of credit institutions, as well as the revocation of their license to carry out banking operations, are essentially the legislative implementation of the constitutional function of the Bank of Russia, which carries out banking regulation, supervision and control through the adoption of regulatory legal acts and individual legal (non-normative) acts based on operational information both on the state of the economy as a whole and in the field of monetary policy (Determination of the Constitutional Court of the Russian Federation No. 268-O “At the request of the Supreme Court of the Russian Federation to verify the constitutionality of part three of Article 75 of the Federal Law “On Central Bank of the Russian Federation (Bank of Russia)").
So, the institution of banking licensing is aimed at achieving the following goals:
Approval of a unified list of licensed types of banking operations and a uniform procedure, grounds and conditions for the issuance, suspension, cancellation and revocation of licenses;
- protection of bank clients, and among them, primarily small depositors, from incompetent management and unscrupulous management;
- strengthening the confidence of the population and legal entities in the financial and credit system in general and individual banking institutions in particular;
- ensuring financial and economic stability in society and the state as a whole.
Thus, licensing of banking activities is one of the forms of prudential regulation and banking supervision, and in this sense it is a system of legal relations that arise between the Bank of Russia and credit organizations and exist throughout the functioning of the latter, regarding the issuance, re-issuance, suspension, revocation of licenses to carry out banking activities, as well as to supervise the compliance of the activities of credit institutions with the requirements of banking legislation, in general, and certain standards, in particular. Licensing confirms the legality of the creation of a credit organization, its compliance at the time of issuance of the license and in the process of carrying out banking activities with the requirements and standards imposed by the Bank of Russia.
Currently, the procedure for registering credit organizations and licensing banking activities, as well as revocation of licenses, is regulated by the federal laws “On State Registration of Legal Entities”, “On the Central Bank of the Russian Federation (Bank of Russia)”, “On Banks and Banking Activities” (Chapter II) , as well as the following regulations of the Bank of Russia: Instruction of the Central Bank of Russia N 109-I “On the procedure for the Bank of Russia to make decisions on state registration of credit institutions and issuance of licenses for banking operations”; Directive of the Central Bank of Russia No. 1292-U “On the procedure for a non-bank credit organization to submit documents to the Bank of Russia for the Bank of Russia to make a decision on obtaining bank status by a non-bank credit organization.” Central Bank Regulation No. 271-P applies to the consideration of documents submitted to the territorial institution of the Bank of Russia for making a decision on state registration of credit institutions, issuing licenses for banking operations and maintaining databases on credit institutions and their divisions. Revocation of licenses to carry out banking operations from credit institutions in the Russian Federation is regulated by Central Bank Regulation No. 264.
The norms of the listed regulatory acts establish a special licensing regime.
In the structure of the licensing regime for banking activities, the following elements of this regime can be distinguished:
Criteria justifying the need to introduce banking licensing;
- object of licensing (the field of activity covered by the licensing regime; in banking law, such an object is banking activity);
- goals and functions of licensing;
- banking licensing legal relations;
- licensing requirements and conditions;
- mechanism (procedure) for issuing (suspension, cancellation and revocation) of a banking license;
- enforcement measures (liability measures) for violations in the field of banking licensing.
The establishment of a licensing regime for banking activities means that:
Credit organizations are required to obtain the appropriate license;
- only from the moment of receiving such a license banks have the right to carry out banking operations (Part 1 of Article 13 of the Law “On Banks and Banking Activities”);
- a specific list of banking operations is determined by the license (Part 4 of Article 13 of the Law);
- the bank is obliged to comply with licensing requirements and conditions, as well as other obligations, mainly of a public law nature;
- licensing is one of the legal means of legitimizing banking activities.
Thus, the licensing regime of banking activity is a system of regulatory influence on a type of activity that potentially poses a threat of causing significant harm to society and the state, necessitating the need for this type of activity to obtain a license and comply with licensing requirements and conditions in the process of its implementation.
A license issued by the Bank of Russia and received by a credit institution is a perpetual permission to carry out banking operations. The banking license specifies the banking operations that the credit institution has the right to carry out, as well as the currency in which these banking operations can be carried out. Licenses issued by the Bank of Russia are recorded in the register of issued licenses for banking operations.
When considering the issue of licensing, we are faced with the following problem: Article 5 of the Banking Law provides a list of operations and transactions, which raises the question - which of them imply obtaining a license? This issue is complicated by the fact that, as is known, certain transactions require legal entities to have a special license to carry them out.
Firstly, it is necessary to distinguish between a license issued to a credit organization: a bank, a non-bank credit organization, or a representative office of a foreign bank. The goals of creating each type of credit institution are determined by the types of banking operations and license strictly defined by law.
Secondly, in our opinion, the point of view of S.V. seems correct. Pykhtin logically concludes that a banking license legitimizes, in addition to banking operations, a number of transactions specified in Part 3 of Article 5 of the Banking Law, but not directly, but indirectly, indirectly. Thus, for credit institutions, when carrying out transactions listed in Part 3 of Article 5 of the Law, even if they are subject to a licensing regime, obtaining an additional license is not required; These organizations enter into transactions on the basis of the received banking license. Consequently, the list of types of entrepreneurial activities that credit organizations have the right to carry out is wider than those directly written in the banking license. Accordingly, the list of banking operations given in licenses is narrower than the actual list of types of business activities for which the license provides the right to engage.
Thirdly, it is necessary to take into account the current version of the Bank of Russia regulations governing the receipt and maintenance of licenses. So, according to the Central Bank Instruction No. 109-I “On the procedure for the Bank of Russia to make decisions on state registration of credit institutions and issuance of licenses for banking operations.” According to clause 1.2, the license to carry out banking operations issued by the Bank of Russia contains an indication of one of the types of licenses, a list of banking operations, the right to carry out which is granted to the credit institution.
The Instructions establish (clause 8.2-8.3) that the following types of licenses can be issued to a bank created by establishment:
License to carry out banking operations with funds in rubles (without the right to attract funds from individuals as deposits) with a specific indication of banking operations;
- a license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals as deposits).
The following types of licenses may be issued to a non-bank credit organization created by establishing a non-bank credit organization, depending on its type:
License to carry out banking operations with funds in rubles or with funds in rubles and foreign currency for settlement non-bank credit institutions;
- a license to carry out banking operations with funds in rubles or with funds in rubles and foreign currency for non-bank credit organizations carrying out deposit and credit operations.
Let us give an example of an indication in a license for specific operations (using the example of a license to carry out banking operations with funds in rubles (without the right to attract funds from individuals as deposits)).
These are the following operations:
Attracting funds from legal entities into deposits (on demand and for a certain period);
- placement of funds attracted into deposits (on demand and for a certain period) of legal entities on their own behalf and at their own expense;
- opening and maintaining bank accounts for legal entities;
- making payments on behalf of legal entities, including correspondent banks, on their bank accounts;
- making money transfers on behalf of individuals without opening bank accounts (except for postal transfers).
Thus, not all transactions specified in Part 3 of Art. 5 of the Banking Law require a license. For example, any legal entity has the right to be a guarantor, no matter what activity it engages in (Articles 361-367 of the Civil Code of the Russian Federation). Therefore, the statement made by the authors of the commentary to the Banking Law that a credit institution has the right to carry out transactions provided for in Art. 5 of the Banking Law, only if you have a license to carry out banking operations.
In the legal literature, traditionally, all types of business activities of credit institutions set out in the Banking Law are usually divided into the following three categories.
Attracting funds from individuals and legal entities into deposits (on demand and for a certain period);
- placement of these raised funds on your own behalf and at your own expense;
- opening and maintaining bank accounts for individuals and legal entities;
- carrying out settlements on behalf of individuals and legal entities, including correspondent banks, on their bank accounts;
- collection of funds, bills, payment and settlement documents and cash services for individuals and legal entities;
- purchase and sale of foreign currency in cash and non-cash forms;
- attraction of deposits and placement of precious metals;
- operations with precious metals and precious stones in accordance with the legislation of the Russian Federation;
- issuance of bank guarantees;
- making money transfers on behalf of individuals without opening bank accounts (except for postal transfers);
- acquisition of the right to demand from third parties the fulfillment of obligations in monetary form;
- issue, purchase, sale, accounting, storage and other transactions with securities that perform the functions of a payment document, with securities confirming the attraction of funds into deposits and bank accounts, with other securities, the implementation of transactions with which does not require obtaining a special licenses in accordance with federal laws;
- trust management of the specified securities under an agreement with individuals and legal entities.
Brokerage activities in the securities market;
- dealer activity in the securities market;
- securities management activities;
- depository activities;
- clearing activities on the securities market;
- activities related to maintaining the register of securities owners.
Issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;
- trust management of funds and other property (except for securities) under agreements with individuals and legal entities;
- leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;
- leasing operations;
- provision of consulting and information services;
- other transactions in accordance with the legislation of the Russian Federation.
Carrying out banking operations by a legal entity without a license entails the recovery from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in the amount of twice this amount to the federal budget. Collection is carried out in court at the request of the prosecutor, the relevant federal executive body authorized by federal law, or the Bank of Russia.
The Bank of Russia has the right to file a claim with the arbitration court for the liquidation of a legal entity carrying out banking operations without a license.
It is important to emphasize the innovation of the Banking Law. Federal Law No. 140-FZ supplemented this Federal Law with Article 13.1, which allows for certain banking operations to be carried out by a commercial organization that is not a credit institution. A commercial organization that is not a credit institution has the right to carry out, without a license issued by the Bank of Russia, banking operations specified in clause 9, part 1, article 5 of the Law, in terms of accepting cash from individuals as payment for telecommunication services, residential premises and utilities, subject to the following conditions:
1) the existence of an agreement with a credit organization, under the terms of which a commercial organization that is not a credit organization undertakes, on its own behalf, but at the expense of the credit organization, to carry out banking operations;
2) the existence of an agreement between the credit institution and the person providing services (performing work), for which a fee is charged in accordance with the legislation of the Russian Federation.
Summarizing what has been said, we will draw the following conclusions. Licensing of banking activities by its legal nature is:
Form of prudential regulation and banking supervision;
- specific legal regime;
- public legal means.
The object of licensing in the banking sector is banking activity as a set of banking operations systematically carried out by banks or non-bank credit organizations as participants in a unified banking system aimed at making a profit.
In the aspect of banking activities, licensing has a certain specificity, which lies in the fact that a banking license directly legitimizes the performance of only banking operations (Part 1 of Article 5 of the Banking Law). In addition to banking operations, a banking license also indirectly legitimizes the execution of a number of transactions specified in Part 3 of Art. 5 of the Law on Banks, as well as transactions with securities, the list of which is given in Art. 6 of the Law. Consequently, the list of types of entrepreneurial activities that credit organizations have the right to carry out is wider than those directly specified in the banking license.
Types of banking licenses
A banking license is a special permission from the Bank of Russia to carry out banking operations in the form of an official document without a limitation of validity.Banking licenses can be divided into two groups:
– licenses issued to a newly created credit organization;
– licenses issued to an existing credit organization upon its application to expand the range of operations it carries out.
The following types of licenses can be issued to a newly created bank:
– a license to carry out banking operations with funds in rubles (without the right to attract funds from individuals as deposits);
– a license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals as deposits). With this license, the bank has the right to establish correspondent relations with an unlimited number of foreign banks;
– license to attract deposits and place precious metals. This license can be issued simultaneously with a license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals on deposit).
Non-bank credit organizations (NPOs) may be issued the following types of licenses:
– for settlement non-profit organizations – a license to carry out banking operations with funds in rubles or with funds in rubles and foreign currency;
– for collection organizations – a license to carry out collection of funds, bills, payment and settlement documents.
To expand its activities, a credit institution may obtain additional licenses.
A credit organization that:
– has been financially stable for the last 6 months;
– fulfills the mandatory reserve and qualification requirements of the Central Bank;
– has no debt to budgets and state extra-budgetary funds;
– complies with technical requirements, including requirements for equipment necessary to carry out banking operations.
Types of licenses issued to a bank to expand its activities:
– a license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals on deposit);
– license to attract deposits and place precious metals. It can be issued simultaneously with the first license;
– a license to attract deposits from individuals in rubles. It can be issued simultaneously with a license to carry out banking operations or in the presence of this license;
– general license – issued to a bank that has licenses to carry out all banking operations with funds in rubles and foreign currency and fulfills the requirements established by the Central Bank for the size of the authorized capital.
The condition for obtaining additional licenses for attracting deposits from individuals in rubles, for attracting deposits from individuals in rubles and foreign currency, as well as a general license is to operate in the market for at least 2 years from the date of state registration.
General banking license
This document does not expand the list of monetary transactions that the bank has the right to perform. It creates additional opportunities.An institution holding a general license has the right to:
Create branches abroad.
Buy shares/shares in the authorized capital of banks in other countries.
A credit organization that:
Registered for at least 2 years.
Owns licenses giving it the right to carry out all transactions with rubles and foreign currency. In this case, the bank may not have permission to conduct transactions with precious metals.
Fulfills the requirements of the Central Bank regarding the amount of capital. As of the 1st day of the month in which the bank expresses a desire to obtain a license, the amount of its own funds must be at least 900 million rubles.
Complies with the conditions that the Central Bank of the Russian Federation puts forward for banks to obtain additional permits (listed earlier).
An institution can operate without a general license. However, its presence indicates that the bank is developing. Many large and medium-sized banks have this document (Promsvyazbank, Rosselkhozbank, Sberbank of Russia, UniCreditBank, etc.).
To become a license holder, a newly created credit organization submits the following documents to the Bank of Russia:
An application containing a request for state registration and issuance of a license;
originals or notarized copies of the constituent agreement and charter;
minutes of the meeting with the participation of the founders and a list of these persons;
business plan of the organization. The procedure for compilation and the criteria by which it should be assessed are established by the Central Bank of the Russian Federation;
questionnaires of candidates applying to become the head of the organization, chief accountant and deputies;
documents that indicate payment of fees for state registration and license;
copies of documents indicating state registration of the founders of the credit organization;
conclusions from auditors that confirm the reliability of the financial reports of the founding legal entities;
documentary evidence of the sources of funds contributed by the individual founders of the organization;
notarized copies of documents confirming the ownership (or lease) of the founders of the building of the future bank;
papers for making an opinion on whether the institution fulfills the conditions for conducting cash transactions;
a copy of the document from the antimonopoly service on consent to the creation of a credit institution (if provided for by federal law).
If a credit institution is created as a JSC (joint stock company), it should provide the Central Bank with the documents that will be needed to formalize the debut issue of shares.
To expand their powers and become holders of additional licenses (including general ones), banks submit the following documents to the Central Bank of the Russian Federation:
Relevant petition;
business plan or additions to it;
a receipt or “payment” confirming payment of the license fee;
a published report for the year, certified by auditors, and their conclusion for the past 12 months.
A bank applying for a general license must be prepared for a comprehensive audit. According to the schedule, it is held every two years. If less than 3 months have passed from the last audit to the submission of the application, there will be no re-inspection.
Also, the organization itself has the right to apply to the Bank of Russia (to its territorial division) with a request for a comprehensive inspection.
If the license is primary, then the procedure consists of the following stages:
1. The founders of the organization submit the necessary documents to the Central Bank. In return, they receive written confirmation of acceptance of the papers. For the fact that the Bank of Russia will consider issuing a license, the financial institution pays a fee. Its value cannot be more than 1% of the authorized capital of the organization. The funds replenish the federal budget.
2. Within a period not exceeding 6 months, the Central Bank either issues a license to the bank or denies it.
3. If the decision is positive, the credit institution is first entered into the Unified State Register of Legal Entities. This is done by the relevant registration authority within 5 days after receiving documents from the Bank of Russia.
4. The Central Bank of the Russian Federation, within 3 days after registration, notifies the founders that their organization is included in the register. The Central Bank also informs them of the requirement to pay 100% of the authorized capital (the amount of contributions of all founders) within a month. The bank receives a document confirming registration.
5. The organization contributes the amount of the authorized capital and presents the relevant documents to the Central Bank. After that, within 3 days she receives a license.
Stages of issuing an additional license:
1. The bank submits documents (according to the list) to the territorial branch of the Central Bank of the Russian Federation.
2. There, within 2 months, they prepare a written opinion on whether to satisfy the credit institution’s request. It contains information about the audit, assessment of the business plan, etc.
3. The local branch of the Bank of Russia transfers the organization’s documents and conclusion to the head office of the Central Bank. He decides the fate of additional licenses.
4. The Central Bank of the Russian Federation, within up to 5 days, transmits information about the bank’s licenses to the relevant registration authority.
5. The territorial branch makes an entry about the issue of a license to the bank in the register. The credit institution receives its own copy of the permit document.
To help citizens - the website of the Central Bank of the Russian Federation.
In the “Directory of Credit Institutions” section, any user will find the following information about the institution (to do this, you must enter the bank’s license number or its name):
Registration date;
address and telephone;
BIC;
size of the authorized capital;
list of licenses;
a note on participation in the deposit insurance system;
information about branches;
financial statements, etc.
You can obtain a license number on the organization’s website or find it out at the branch. The institution will issue a copy of the permit document upon the client’s request.
Where can I see lists of banks that do not have licenses?
This information is also freely available on the Central Bank website. Go to the “Information on Credit Institutions” section, then “Liquidation of Credit Institutions”.
The main reasons for revocation of permissions for banking operations:
Unsatisfactory financial performance;
failure to comply with regulations and federal laws;
low capital adequacy (less than 2%), etc.
The Central Bank of the Russian Federation also has the right to revoke the license of an organization that does not submit reporting documentation on time or submits inaccurate information.
How to find out that a bank’s license has been revoked:
1. From the source of the Central Bank of the Russian Federation - the publication “Bulletin of the Bank of Russia”. Information is published approximately a week after the license is revoked.
2. From the media. Most often, news portals and newspapers learn this information on the same day when it is published by Vestnik Banka Rossii.
3. By visiting the website of the Central Bank, section “Directory of Credit Institutions”.
A license to carry out banking operations of a credit organization is issued after its state registration in the manner established by this Federal Law and the regulations of the Bank of Russia adopted in accordance with it.
A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
Currently, the following types of licenses can be issued to a newly created bank:
License to conduct banking operations in rubles (without the right to attract deposits from individuals);
License to conduct banking operations in rubles and foreign currencies (without the right to attract deposits from individuals); with such a license, the bank has the right to establish correspondent relations with an unlimited number of foreign banks;
License to attract deposits and place precious metals. This license can be issued to the bank simultaneously with a license of the second type.
The Bank of Russia makes decisions on state registration of credit organizations, interacts on issues of state registration of credit organizations with the Federal Tax Service, its territorial bodies (hereinafter referred to as the authorized registration body), issues licenses to credit organizations to carry out banking operations, maintains a register of issued licenses to carry out banking operations operations and the Book of State Registration of Credit Institutions for the purpose of exercising control and supervisory functions.
Documents submitted in accordance with this Instruction may be sent to the Bank of Russia (territorial branches of the Bank of Russia) in the form of electronic documents in the manner determined by the Bank of Russia. In this case, interaction between the credit institution, the territorial branch of the Bank of Russia and the Bank of Russia is carried out electronically.
If the documents specified in paragraph one of this paragraph are submitted in the form of electronic documents, the credit institution is obliged, at the written request of a territorial institution of the Bank of Russia, to submit the documents provided for by the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” on paper within three calendar calendar days. days from the date of receipt of the specified request in the number of copies provided for by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".
The Bank of Russia certificate of state registration and a license to carry out banking operations are sent to the credit organization on paper, and in the case of submitting the documents specified in paragraph one of this paragraph, in the form of electronic documents - in the form of an electronic document and on paper. (clause 1.4 as amended by Bank of Russia Directive No. 3029-U dated July 22, 2013).
A bank wishing to expand its activities must obtain additional licenses; To do this, he must comply with the following conditions:
1) have been financially stable for the last six months;
2) comply with the reserve requirements of the Bank of Russia;
3) have no debts to budgets and extra-budgetary funds;
4) have an adequate organizational structure, including an internal control service;
5) have employees who meet the qualification requirements of the Bank of Russia;
6) comply with technical requirements, including requirements for equipment necessary to carry out banking operations.
If the specified conditions are met, the following types of licenses may be issued to an operating bank:
To conduct transactions in rubles and foreign currencies (if previously the bank had only a license of the first type),
Work with precious metals (if the bank has not previously received such a license separately or simultaneously with a license of the second type). As in the case of a newly created bank, this license can be issued to an existing bank if it has or simultaneously with a second type of license;
License to attract deposits of money (in rubles) from individuals; this license can be issued to a bank, from the date of registration of which at least two years have passed;
License to attract deposits from individuals (in rubles and foreign currencies). Such a license can be issued to a bank, from the date of registration of which at least two years have passed, if it has an old license or simultaneously with it;
A general license that can be issued to a bank, from the date of registration of which at least two years have passed, which has the licenses listed above to conduct all banking operations in rubles and foreign currencies and fulfills the requirements for the amount of equity capital established by the Bank of Russia. The presence of a license of the third type is not is a prerequisite for obtaining a general license.
According to Art. 11.2 of the Federal Law of December 3, 2011 N 391-FZ "On Amendments to the Federal Law "On Banks and Banking Activities" the minimum amount of equity capital (capital) is established for a bank in the amount of 300 million rubles, except for the cases provided for in parts four to seven of this article. The amount of equity (capital) of a non-bank credit organization applying for bank status, as of the 1st day of the month in which the corresponding application was submitted to the Bank of Russia, must be at least 300 million rubles. License to carry out banking operations. granting a credit organization the right to carry out banking operations with funds in rubles and foreign currency, to attract funds from individuals and legal entities in rubles and foreign currency for deposits (hereinafter referred to as the general license), may be issued to a credit organization that has its own funds (capital) of at least 900 million rubles as of the 1st day of the month in which an application for a general license was submitted to the Bank of Russia.
A bank that has its own funds (capital) of less than 180 million rubles as of January 1, 2007, has the right to continue its activities provided that the amount of its own funds (capital) does not decrease compared to the level achieved as of January 1, 2007.
The amount of own funds (capital) of a bank that meets the requirements established by part four of this article must be at least 90 million rubles from January 1, 2010.
The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article must be at least 180 million rubles from January 1, 2012.
When considering the issue of issuing a general license to a bank, a comprehensive inspection is carried out or the results of the inspection are taken into account if it was completed no earlier than three months before the submission of the application for the issuance of this license.
A bank that has received a general license has the right (in addition to the rights granted by licenses 1--5) in the prescribed manner to create branches abroad and/or acquire shares in the authorized capital of non-resident credit institutions.
To obtain a license to expand its activities, the bank must submit the following documents to the relevant territorial office of the Bank of Russia:
* a petition (including the bank’s business plan or additions to it), signed by the chairman of the board or other authorized person;
* balance and calculation of economic standards as of the last reporting date. For consideration of the issue of issuing a license, a license fee is charged in the amount determined by the Bank of Russia, but not more than 1% of the declared authorized capital of the credit organization. This fee goes to the federal budget.
In addition, the credit institution submits an application for state registration to the Central Bank of Russia, which contains: an economic justification for the technical feasibility and qualified readiness of the credit institution to carry out banking operations; information about the founders of the credit institution, the scope of their activities, financial condition, prospects for their development; the purpose of creating a credit organization; priority areas of its activities; expected clientele; resources that will be attracted for the development of the credit institution; planned management of the activities of the credit institution (including the creation of an internal control service).
The founders also submit documents confirming the ownership of one of them to the building (premises) in which the credit organization will be located, or the landlord’s obligation to provide the building (premises) for rent in the event of registration of the credit organization. The bank building (premises) of a credit institution must have equipment, fire and security alarms, as well as a cash desk (technically reinforced) for carrying out cash transactions in accordance with the requirements of the Bank of Russia.
When acquiring more than 5% of shares (shares) of a credit institution as a result of one or several transactions by one legal entity or individual, or a group of legal entities and (or) individuals related by agreement, or a group of legal entities that are subsidiaries or dependent to each other, the founders of the credit organization notify the Bank of Russia about this. For this purpose, information on the property relations of the participants is attached to the application for state registration of a credit organization and the issuance of a license to carry out banking operations.
The application for registration is also accompanied by a settlement balance and a plan of income, expenses and profit of the credit institution for the first three years of activity (separate for each year). Team of authors. Banking Law of the Russian Federation 2010, Course of lectures.
Licenses issued by the Bank of Russia are recorded in the register of issued licenses for banking operations.
The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia (Bulletin of the Bank of Russia) at least once a year. Changes and additions to the specified register are published by the Bank of Russia within one month from the date of their entry into the register.
The banking license specifies the banking operations that the credit institution has the right to carry out, as well as the currency in which these banking operations can be carried out.
A license to carry out banking operations is issued without limiting its validity period.
The license to carry out banking operations is signed by the Chairman of the Bank of Russia or his deputy, heading the Banking Supervision Committee of the Bank of Russia, or persons replacing them. The signature is sealed with the seal of the Bank of Russia with the image of the State Emblem of the Russian Federation. (as amended by Bank of Russia Directive No. 3124-U dated November 26, 2013).
Thus, the licensing regime of banking activity is a system of regulatory influence on a type of activity that potentially poses a threat of causing significant harm to society and the state, necessitating the need for this type of activity to obtain a license and comply with licensing requirements and conditions in the process of its implementation.
A license issued by the Bank of Russia and received by a credit institution is an indefinite permission to carry out banking operations. The banking license specifies the banking operations that the credit institution has the right to carry out, as well as the currency in which these banking operations can be carried out. Licenses issued by the Bank of Russia are recorded in the register of issued licenses for banking operations.
When considering the issue of licensing, we are faced with the following problem: Article 5 of the Banking Law provides a list of operations and transactions, which raises the question - which of them imply obtaining a license? This issue is complicated by the fact that, as is known, certain transactions require legal entities to have a special license to carry them out.
Firstly, it is necessary to distinguish between a license issued to a credit organization: a bank, a non-bank credit organization, or a representative office of a foreign bank. The goals of creating each type of credit institution are determined by the types of banking operations and license strictly defined by law.
Secondly, in our opinion, the point of view of S.V. seems correct. Pykhtin logically concludes that a banking license legitimizes, in addition to banking operations, a number of transactions specified in Part 3 of Article 5 of the Banking Law, but not directly, but indirectly, indirectly. Thus, for credit institutions when carrying out transactions listed in Part 3 of Art. 5 of the Law, even if they are subject to a licensing regime, obtaining an additional license is not required; These organizations enter into transactions on the basis of the received banking license. Consequently, the list of types of entrepreneurial activities that credit organizations have the right to carry out is wider than those directly written in the banking license. Accordingly, the list of banking operations given in licenses is narrower than the actual list of types of business activities, the right to engage in which the license provides.
Thirdly, it is necessary to take into account the current version of the Bank of Russia regulations governing the receipt and maintenance of licenses. So, according to Bank of Russia Instruction No. 135-I dated April 2, 2010 (as amended on November 25, 2014) “On the procedure for the Bank of Russia to make decisions on state registration of credit organizations and issuing licenses for banking operations,” according to clause 1.2, a license for banking transactions issued by the Bank of Russia contains an indication of one of the types of licenses, a list of banking operations, the right to carry out which is granted to the credit institution.
A license to carry out banking operations is issued on a form protected from forgery. The license to carry out banking operations is signed by the Chairman of the Bank of Russia or his deputy, heading the Banking Supervision Committee of the Bank of Russia, or persons replacing them. The signature is sealed with the seal of the Bank of Russia with the image of the State Emblem of the Russian Federation. Banking law. Legal regulation of banking activities in the Russian Federation. The place of the Central Bank of the Russian Federation in the banking system of the Russian Federation. Study guide // Authors' team Allpravo.Ru 2007.
Carrying out banking operations by a legal entity without a license entails the recovery from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in the amount of twice this amount to the federal budget. Collection is carried out in court at the request of the prosecutor, the relevant federal executive body authorized by federal law, or the Bank of Russia.
The Bank of Russia has the right to file a claim with the arbitration court for the liquidation of a legal entity carrying out banking operations without a license.
Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.
Banking activity, firstly, affects the property interests of an unlimited number of entities, and secondly, due to its specificity, it can have a decisive influence on economic processes in the country as a whole. These circumstances are a completely logical prerequisite for establishing more stringent requirements for banks in order to ensure public safety compared to other business entities.
The Institute of Banking Licensing is designed to protect the interests of depositors and other bank clients from incompetent management and risks, as well as the interests of the state in maintaining stability in the economy.
As the Constitutional Court of the Russian Federation emphasized, the licensing of credit institutions, as well as the revocation of their license to carry out banking operations, are essentially the legislative implementation of the constitutional function of the Bank of Russia, which carries out banking regulation, supervision and control through the adoption of regulatory legal acts and individual legal (non-normative) acts based on operational information both on the state of the economy as a whole and in the field of monetary policy (Determination of the Constitutional Court of the Russian Federation dated December 14, 2000 No. 268-O “At the request of the Supreme Court of the Russian Federation to verify the constitutionality of part three Article 75 of the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”) Banking law. Legal regulation of banking activities in the Russian Federation. The place of the Central Bank of the Russian Federation in the banking system of the Russian Federation. Study guide // Authors' team Allpravo.Ru 2007.
This decision is formalized by order of the Central Bank of the Russian Federation (hereinafter referred to as the Order) on the basis of a petition from the territorial Main Directorate (National Bank) of the Central Bank of the Russian Federation or the Central Operations Department (COU) under the Central Bank of the Russian Federation. In addition, the basis for issuing the Order may be a decision of the Board of Directors of the Central Bank of the Russian Federation or corresponding proposals from structural divisions of the Bank of Russia. Gracheva E.Yu., Sokolova E.D. Financial law: Questions and answers. - 4th ed., rev. and additional - M.: Jurisprudence, 2003.
Revocation of a license to carry out banking operations may be carried out in the following cases:
* establishing the unreliability of the information on the basis of which the license was issued;
* delays in the start of banking operations provided for by the license for more than a year from the date of its issue;
* establishing facts of unreliability of reporting data;
* carrying out, including one-time, banking operations not provided for by the license of the Bank of Russia;
* failure to comply with the requirements of federal laws regulating banking activities, as well as regulations of the Bank of Russia, if during the year the credit institution was repeatedly subject to enforcement measures provided for by the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)”;
* the unsatisfactory financial position of the credit organization, its failure to fulfill its obligations to depositors and creditors, which is the basis for filing an application to initiate insolvency (bankruptcy) proceedings in the arbitration court of the credit organization. Eriashvili N.D. Financial law: Textbook for universities. -- M.: UNITY-DANA, Law and Law, 2000.
The Bank of Russia is obliged to revoke the license to carry out banking operations in the following cases:
If the capital adequacy of a credit institution falls below 2%. If during the last 12 months preceding the moment when, in accordance with this article, the said license should be revoked from a credit institution, the Bank of Russia changed the methodology for calculating the capital adequacy of credit institutions, for the purposes of this article the methodology in accordance with which the capital adequacy of a credit institution is applied the organization reaches its maximum value;
If the amount of own funds (capital) of the credit organization is below the minimum value of the authorized capital established by the Central Bank of the Russian Federation on the date of registration of the credit organization; The specified basis for revocation of a license to carry out banking operations does not apply to credit organizations during the first two years from the date of issue of the license to carry out banking operations;
3) if the credit institution does not comply within the time limit established by paragraph 4.1 of Chapter IX of the Federal Law “On Insolvency (Bankruptcy)” dated October 26, 2002 N 127-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on September 27, 2002), the requirements of the Bank of Russia to bring the value into compliance authorized capital and the amount of equity (capital); On the procedure for bringing into conformity the size of the authorized capital and the amount of equity (capital) of credit institutions, see Directive of the Bank of Russia dated March 24, 2003 N 1260-U
If a credit institution is unable to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments within 14 days from the date of their satisfaction and (or) execution, if the claims against the credit institution in the aggregate amount to at least one thousand minimum amounts wages established by federal law. In this case, the bank can apply to the Central Bank with a request to transfer it to the category of non-bank credit organizations.
If the bank has not reached the minimum amount of its own funds (capital) as of January 1, 2015, established by part seven of Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit organization;
If the bank, in the period after January 1, 2015, for three months in a row, allows the amount of its own funds (capital) to decrease below the minimum amount of its own funds (capital) established by part seven of Article 11.2 of this Federal Law, with the exception of a decrease due to a change in the methodology for determining the amount of own funds (capital), and does not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit organization;
If a bank whose equity (capital) as of January 1, 2007 is equal to 180 million rubles or more, as well as a bank created after January 1, 2007, allows the amount of equity (capital) to decrease below the minimum amount of equity for three consecutive months funds (capital) established as of the relevant date by parts six and seven of Article 11.2 of this Federal Law, with the exception of a decrease due to a change in the methodology for determining the amount of own funds (capital), and do not submit a petition to the Bank of Russia to change their status to the status of a non-bank credit organization;
If a bank, the amount of equity (capital) of which as of January 1, 2007 is less than 180 million rubles, has not reached the amount of equity (capital) established by parts five to seven of Article 11.2 of this Federal Law on the corresponding date, or if this bank within three months in a row allows a decrease in the amount of own funds (capital), with the exception of cases of such a decrease due to the application of a modified methodology for determining the amount of own funds (capital) of the bank, to a value less than the larger of two values: the amount of own funds (capital) available to it as of January 1, 2007, or the amount of own funds (capital) established by parts five to seven of Article 11.2 of this Federal Law, and does not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit organization;
If a bank that had its own funds (capital) in an amount equal to 180 million rubles or more as of January 1, 2007, as well as a bank created after January 1, 2007, did not comply with the requirements established by part eight of Article 11.2 of this Federal Law, and did not filed a petition with the Bank of Russia to change their status to that of a non-bank credit organization;
If a bank that had its own funds (capital) in the amount of less than 180 million rubles as of January 1, 2007, did not comply with the requirements established by part eight of Article 11.2 of this Federal Law and did not submit a petition to the Bank of Russia to change its status to the status of a non-bank credit organization .
In the cases provided for in part two of this article, the Bank of Russia revokes a credit organization’s license to carry out banking operations within 15 days from the date the Bank of Russia bodies responsible for revoking the said license receive reliable information about the existence of grounds for revoking this license from the credit organization.
Revocation of a license to carry out banking operations on other grounds, with the exception of the grounds provided for by this Federal Law, is not permitted.
The decision of the Bank of Russia to revoke a credit organization’s license to carry out banking operations comes into force from the date of adoption of the corresponding act of the Bank of Russia and can be appealed within 30 days from the date of publication of the message about the revocation of the license to carry out banking operations in the Vestnik of the Bank of Russia. An appeal against the said decision of the Bank of Russia, as well as the application of measures to secure claims against a credit institution, do not suspend the validity of the said decision of the Bank of Russia.
Only in the listed cases is the Central Bank of the Russian Federation obliged to revoke the license. A message about the revocation of a license to carry out banking operations is published by the Central Bank of the Russian Federation in the “Bulletin of the Bank of Russia” within a week from the date of adoption of the relevant decision.
In practice, the Central Bank most often revokes licenses from banks with the following wording: due to failure to comply with federal laws regulating banking activities and regulations of the Central Bank, establishing facts of significant unreliability of reporting data, as well as failure to satisfy the demands of creditors for monetary obligations. This is exactly how Mezhprombank and AMT Bank were deprived of their licenses in November 2011. In addition, there are precedents for the revocation of licenses from banks for repeated violations within one year of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism.” The most high-profile case of this kind is the story of the closure of Sodbiznesbank, which led to the interbank crisis in May 2004. In total, 44 banks lost their licenses in 2009, and about 20 banks in 2010. Internet portal Banki.ru. Dictionary of banking terms
Introduction
1. Concept of licensing
2. Licensing of activities of banking institutions
3. Licensing of professional activities of credit institutions on the securities market of the Russian Federation
Conclusion
References
Introduction
All credit organizations created in the Russian Federation, as legal entities, are subject to mandatory state registration. State registration of banks is carried out in the same manner as all other legal entities, by the authorities of the Federal Tax Service (FTS). In order to have the right to engage in banking activities, the bank must obtain license to carry out banking operations.
State registration of credit institutions and licensing of their activities is an important component of the banking regulation system in all market countries. Registration and licensing regulate the access of various organizations to operations in the financial market. Particularly stringent requirements are imposed on those organizations that enter the credit market, i.e., banks. Almost all countries require special registration of the bank being created and obtaining permission to open it (license).
The purpose of licensing is to prevent financially unstable, high-risk organizations with dubious reputations of founders from entering the market. During registration and licensing the following is confirmed:
Firstly, the competence of the founders of the bank to create it (the competence to enter the market);
Secondly, the founders have sufficient capital to ensure the sustainable operation of the bank;
Thirdly, the qualifications and business reputation of the managers of the future bank.
In the Russian Federation, the requirements for the founders of a credit organization and its management employees are established by the Federal Law “On Banks and Banking Activities”.
1. Concept of licensing
For the purposes of Federal Law No. 128, the following basic concepts apply:
license - a special permit to carry out a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by a licensing authority to a legal entity or individual entrepreneur;
licensed type of activity - a type of activity for the implementation of which on the territory of the Russian Federation requires obtaining a license in accordance with this Federal Law;
licensing - activities related to the provision of licenses, re-issuance of documents confirming the availability of licenses, suspension of licenses in the event of administrative suspension of the activities of licensees for violation of licensing requirements and conditions, renewal or termination of licenses, cancellation of licenses, control of licensing authorities over compliance by licensees in the implementation of licensed types of activities corresponding to licensing requirements and conditions, maintaining license registers, as well as providing interested parties with information from license registers and other information about licensing in the prescribed manner;
licensing requirements and conditions - a set of requirements and conditions established by the provisions on licensing specific types of activities, the fulfillment of which by the licensee is mandatory when carrying out the licensed type of activity;
licensing authorities - federal executive authorities, executive authorities of constituent entities of the Russian Federation, carrying out licensing in accordance with this Federal Law;
licensee - a legal entity or individual entrepreneur who has a license to carry out a specific type of activity;
license applicant - a legal entity or individual entrepreneur who has applied to the licensing authority with an application for a license to carry out a specific type of activity;
register of licenses - a set of data on the provision of licenses, re-issuance of documents confirming the availability of licenses, suspension and renewal of licenses and cancellation of licenses. (2, p.4)
The main principles of licensing are:
ensuring the unity of economic space on the territory of the Russian Federation;
establishment of a unified list of licensed types of activities;
establishment of a unified licensing procedure on the territory of the Russian Federation;
establishing licensing requirements and conditions by regulations on licensing specific types of activities;
transparency and openness of licensing;
compliance with the law when licensing.
Determination of the powers of the Government of the Russian Federation in licensing
In order to ensure the unity of the economic space on the territory of the Russian Federation, the Government of the Russian Federation, in accordance with the main directions of the internal policy of the state determined by the President of the Russian Federation:
approves provisions on licensing of specific types of activities;
determines the federal executive authorities that carry out licensing of specific types of activities;
establishes the types of activities that are licensed by executive authorities of the constituent entities of the Russian Federation.
2. Licensing of activities of banking institutions
Credit organizations are subject to state registration in accordance with the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”, taking into account the special procedure for state registration of credit organizations established by this Federal Law.
The decision on state registration of a credit organization is made by the Bank of Russia. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by the authorized registration body on the basis of a decision of the Bank of Russia on the corresponding state registration. The interaction of the Bank of Russia with the authorized registration body on issues of state registration of credit organizations is carried out in the manner agreed upon by the Bank of Russia with the authorized registration body.
In order to carry out control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in the manner established by federal laws and Bank of Russia regulations adopted in accordance with them. (4, p. 89)
For state registration of credit organizations, a state fee is charged in the manner and in the amounts established by the legislation of the Russian Federation.
A credit organization is obliged to inform the Bank of Russia about changes in the information specified in paragraph 1 of Article 5 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs,” with the exception of information about received licenses, within three days from the date of such changes. The Bank of Russia, no later than one business day from the date of receipt of the relevant information from the credit institution, notifies the authorized registration body, which makes an entry in the unified state register of legal entities about changes in information about the credit institution.
A license to carry out banking operations of a credit organization is issued after its state registration in the manner established by this Federal Law and the regulations of the Bank of Russia adopted in accordance with it.
A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
Banking operations are carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Federal Law, with the exception of the cases specified in part nine of this article and in article 13.1 of this Federal Law.
Licenses issued by the Bank of Russia are recorded in the register of issued licenses for banking operations.
The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia at least once a year. Changes and additions to the specified register are published by the Bank of Russia within one month from the date of their entry into the register.
The banking license specifies the banking operations that the credit institution has the right to carry out, as well as the currency in which these banking operations can be carried out.
A license to carry out banking operations is issued without limiting its validity period.
Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails the recovery from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in the amount of twice this amount to the federal budget. Collection is carried out in court at the request of the prosecutor, the relevant federal executive body authorized by federal law, or the Bank of Russia.
The Bank of Russia has the right to file a claim with the arbitration court for the liquidation of a legal entity carrying out banking operations without a license, if obtaining such a license is mandatory.
Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.
The State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" has the right to carry out banking operations, the right to carry out which is granted to it on the basis of the Federal Law "On the Development Bank".
The procedure for registration and licensing of credit institutions is regulated by the legislation of the Russian Federation, the federal laws “On the Central Bank of the Russian Federation (Bank of Russia)”, “On Banks and Banking Activities”, the Civil Code of the Russian Federation, the Federal Law “On Joint Stock Companies”, as well as regulatory instructions of the Bank Russia.
Currently, current legislation and the Bank of Russia have established strict requirements that must be observed by individuals and legal entities when creating credit institutions. When registering a credit organization and agreeing on changes to its charter and the composition of participants, the Bank of Russia pays special attention to the issues of the legality of the participation of legal entities and individuals and their payment of the authorized capital, the composition of the managers of credit organizations and their material and technical equipment.
Founders - legal entities must be registered in the manner prescribed by law, have a stable financial position and fulfill obligations to budgets of all levels for the last three years, and also have funds that meet the requirements of the Bank of Russia to contribute them to the authorized capital of a credit institution.
To acquire more than 20% of shares (shares) in a credit institution, the preliminary consent of the Bank of Russia is required.
The formation of authorized capital through foreign investment also requires permission from the Bank of Russia.
Contributions to the authorized capital can be in the form of cash, tangible assets (banking equipment and the building in which the credit institution is located, with the exception of unfinished construction). The size of the non-monetary part of the authorized capital should not exceed 20% in the first two years of activity of the credit institution and 10% in subsequent years.
The grounds and procedure for refusing state registration of a credit organization are set out in Article 16 of the Federal Law “On Banks and Banking Activities”.
Depending on the range of operations performed, credit organizations are divided into banks and non-bank credit organizations (Article 1 of the Federal Law “On Banks and Banking Activities”).
The minimum authorized capital for newly created banks with 100% participation of Russian capital and banks with a share of foreign investment of no more than 50% of the authorized capital is currently 2.0 million ECU, for non-bank credit organizations - 0.5 million ECU.
For newly created banks with a share of foreign investment in the authorized capital of more than 50%, the minimum amount of authorized capital is 5 million ECU.
To obtain a license providing for transactions with funds in foreign currency, the minimum amount of own funds (capital) is 5 million ECU (for non-bank credit institutions - 1.25 million ECU).
Credit institutions may be granted the following types of licenses:
a license to carry out banking operations (except for attracting funds from individuals on deposit) with funds in rubles or in rubles and foreign currency;
a license to attract funds from individuals on deposit in rubles or in rubles and foreign currency (the right to attract funds from individuals on deposit is granted to banks, from the date of state registration of which at least two years have passed, subject to the stability of their financial position);
a general license granting the right to carry out all operations in rubles and foreign currency, as well as to open branches abroad in the prescribed manner and/or acquire shares (shares in the authorized capital) of non-resident credit institutions;
license (permit) to carry out transactions with precious metals (gold and silver). The license is issued by the Bank of Russia in agreement with the Ministry of Finance of the Russian Federation.
A license for the right to carry out transactions with precious metals can be issued simultaneously with a license to carry out transactions in foreign currency or after its receipt.
Authorized banks to conduct operations and transactions with natural precious stones are banks operating simultaneously on the basis of the General License of the Bank of Russia for banking operations and a license to carry out transactions with precious stones. metals (or permission to carry out transactions with precious metals (gold, silver)).
If there is a license to conduct banking operations, a credit institution has the right to make other transactions, as well as carry out activities in the securities market in accordance with federal laws.
Credit institutions applying to expand their activities must have a stable financial position, a structure adequate to the intended area of activity, including an internal control service (internal audit).
