Legislation of banking activities of the Russian Federation. Federal law on banks and banking activities with the latest changes
Interest rates on loans and (or) the procedure for their determination, including the determination of the interest rate on a loan, depending on changes in the conditions stipulated in the loan agreement, interest rates on deposits (deposits) and Commission remuneration for transactions are established by the credit institution by agreement with customers, unless otherwise provided by federal law.
The credit institution is not entitled to unilaterally change interest rates on loans and (or) the procedure for determining them, interest rates on deposits (deposits), commission fees and the validity period of these agreements with clients - individual entrepreneurs and legal entities, with the exception of cases provided for by federal law or an agreement with a client.
Under an agreement on a bank deposit (deposit) made by a citizen on the terms of its issuance after certain period or upon the occurrence of circumstances stipulated by the agreement, the bank cannot unilaterally shorten the term of this agreement, reduce the amount of interest, increase or establish a commission on operations, except for cases provided for by federal law.
Under a loan agreement concluded with a borrower-citizen, credit organization cannot unilaterally reduce the term of this agreement, increase the amount of interest and (or) change the procedure for their determination, increase or establish a commission on operations, except as otherwise provided by federal law.
A credit institution that owns an ATM is obliged to inform the holder of a payment card before the moment he makes settlements using a payment card, sends him instructions to the credit institution on the implementation of settlements on his bank accounts using ATMs belonging to this credit institution, with a warning inscription displayed on the screen of the ATM about the amount of the commission fee established by the credit institution - the owner of the ATM and charged by it for the performance of the specified operations in addition to the fee established by the agreement between the credit institution that issued the payment card and the holder of this card, or on the absence of such fee, as well as reflected based on the results of these operations, information on the commission fee of the credit institution - the owner of the ATM in the event that such a fee is charged on the ATM check or on the absence of such fee.
Judicial practice under Article 29
Decision No. 2-1133/2019 2-1133/2019~M-242/2019 M-242/2019 of February 27, 2019 in case No. 2-1133/2019
Pushkin City Court (Moscow region) - Civil and administrative
Date> and the charter of VTB Bank (PJSC) the Claimant notified the Respondent of the need to repay the existing debt, but the Respondent did not take any measures to repay the debt. According to Art. 29 of the Law "On Banks and Banking Activities", interest rates on loans, deposits (deposits) and commission fees on operations are set by a credit institution by agreement with customers. The contract is made...
Decision No. 2-1353/2019 2-1353/2019~M-6448/2018 M-6448/2018 dated February 27, 2019 in case No. 2-1353/2019
Central district court Novosibirsk ( Novosibirsk region) - Civil and administrative
Tiunova N.N. agreed to activation with a limit of 100,000 rubles by signing the relevant paragraphs (case sheet 8). In accordance with Articles 29, 30 of the Federal Law “On Banks and Banking Activities”, relations between credit institutions and their credit institutions are carried out on the basis of agreements in which interest rates for ...
Decision dated April 4, 2019 in case No. А33-36888/2018
Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)
Nine loan agreements were concluded: No. 01-039/KL-17 dated 07/03/2017, No. 01-045/KL-17 dated 07/13/2017, No. 01-056/KL-17 dated 29 . 08.2017, No. 01-078/KL-17 of 10.24.2017, No. 01-079/KL-17 of 10.24.2017, No. 01-091/KL-17 of 11.23.2017, No. 01-...
Decision dated March 28, 2019 in case No. А26-13456/2018
Arbitration Court of the Republic of Karelia (AC of the Republic of Karelia)
In accordance with paragraph 1 of Article 428 of the Civil Code Russian Federation are determined by the bank in standard (standard) forms, with predetermined conditions. As defined in Article 29 of the Federal Law "On Banks and Banking Activity", interest rates on loans and (or) the procedure for their determination, including the determination of the interest rate on a loan, depending ...
Ruling dated March 25, 2019 in case No. А56-27411/2018
Thirteenth Arbitration Court of Appeal(13 AAS)
loan agreement; - if the terms of the loan agreement provide for periodic payments to repay the loan and pay interest in case of any (one-time) delay in any payment. 29. On April 04, 2014, Agrophysicist LLC and PJSC Bank Saint Petersburg concluded an agreement on the assignment of claims, according to which all the rights of the bank under the loan agreement were transferred ...
Ruling dated March 22, 2019 in case No. А70-11662/2018
Arbitration Court of the West Siberian District (FAS ZSO)
Opportunities to provide tranches to the borrower within the agreed term and execution limit credit obligation bank is not possible. refers to judicial practice, answer Central Bank Russian Federation dated 29 . 10.2018 No. 36-10-2-1/19307, according to which the formation of a reserve is not a service that brings additional benefit to the borrower. In response to the cassation appeal, the bank asks to leave ...
Decision dated March 19, 2019 in case No. А63-18034/2018
Arbitration Court of the Stavropol Territory (AC of the Stavropol Territory)
Stavropol, OGRN 1052600297606, a third party who does not file independent claims regarding the subject of the dispute Olga Dmitrievna Zaitseva, Stavropol, to declare illegal and cancel the decision of 29 . 08.2018 No. 527, in the case of an administrative offense provided for by Part 2 of Article 14.8 of the Code of Administrative Offenses of the Russian Federation, with the participation of the interested person - Bondarenko E.N. ...
Ruling dated March 15, 2019 in case No. А60-59556/2018
Seventeenth Arbitration Court of Appeal (17 AAS)
the requirements of this Federal Law; the number, amount and frequency (terms) of the borrower's payments under the agreement consumer credit(loan) or the procedure for determining these payments. In accordance with Article 29 of Law No. 395-1, interest rates on loans and (or) the procedure for determining them, including determining the amount of the interest rate on a loan, depending on changes in the conditions stipulated ...
Decision dated March 12, 2019 in case No. А56-161376/2018
Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)
Also, the terms of the transaction, in the course of which the explicit legislative 7 prohibition of restricting consumer rights was violated (for example, clause 1, clause 2, article 16 of the Law, article 29 of the Federal Law “On Banks and Banking Activities” dated 02.12.1990 No. 395 -one). As follows from the case file, the conditions for insurance product « financial reserve"prepared on the basis of"...
Decision No. 2-1001/2019 2-1001/2019~M-227/2019 M-227/2019 dated February 27, 2019 in case No. 2-1001/2019
Podolsk city court (Moscow region) - Civil and administrative
Limited Liability Commercial Bank "AyMoneyBank" - LLC CB "AyMoneyBank", which is confirmed by a copy of the Charter of LLC CB "AyMoneyBank" (L.d. 65-79) In accordance with par. 4 tbsp. 29 of the Federal Law "On Banks and Banking" the Bank has the right to change the terms of the loan agreement unilaterally if such a change is in the interests of the Borrower. 28/11/2015<...>
Chapter I. GENERAL PROVISIONS
Article 1. Basic Concepts of this Federal Law
A credit organization is a legal entity that, in order to make a profit as the main goal of its activities, on the basis of special permission(license) of the Central Bank of the Russian Federation (Bank of Russia) has the right to carry out Bank operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business entity.
Bank - a credit institution that has the exclusive right to carry out the following banking operations in aggregate: attraction of funds from individuals and legal entities to deposits, placement of these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities.
Non-bank credit institution:
1) a credit institution that has the right to carry out exclusively banking operations specified in paragraphs 3 and 4 (only in relation to bank accounts of legal entities in connection with the implementation of money transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation money transfers without opening bank accounts) and Clause 9, Part One, Article 5 of this Federal Law (hereinafter referred to as a non-bank credit institution that has the right to make money transfers without opening bank accounts and other related banking operations);
2) a credit institution that has the right to carry out certain banking operations provided for by this Federal Law. 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 such by law foreign country in whose territory it is registered.
Article 2. Banking system of the Russian Federation and legal regulation of banking activities
The banking system of the Russian Federation includes the Bank of Russia, credit institutions, as well as branches and representative offices of foreign banks.
The legal regulation of banking activities is carried out by the Constitution of the Russian Federation, this Federal Law, the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", other federal laws, regulations of the Bank of Russia.
Article 3. Unions and associations of credit organizations
Credit organizations may create unions and associations that do not pursue the goal of making a profit, to protect and represent the interests of their members, coordinate their activities, develop interregional and international relations, satisfy scientific, informational and professional interests, develop recommendations for banking activities and resolve other joint ventures. tasks of credit institutions. Unions and associations of credit organizations are prohibited from carrying out banking operations.
Unions and associations of credit organizations are created and registered in accordance with the procedure established by the legislation of the Russian Federation for non-profit organizations.
Unions and associations of credit organizations notify the Bank of Russia of their creation within one month after registration.
Article 4. Banking group and bank holding
A banking group is recognized as not being legal entity an association of credit institutions in which one (parent) credit institution directly or indirectly (through a third party) has a significant influence on the decisions taken by the management bodies of another (other) credit institution (credit institutions).
A bank holding company is an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of a bank holding company) has the ability to directly or indirectly (through a third party) exert a significant influence on decisions accepted by the management bodies of the credit institution (credit institutions).
For the purposes of this Federal Law, significant influence means the ability to determine decisions made by the governing bodies of a legal entity, the conditions for its conduct of business activities due to participation in its authorized capital and (or) in accordance with the terms of an agreement concluded between legal entities that are part of a banking group and (or) a part of a banking holding, to appoint a sole executive body and (or) more than half of the collegiate executive body of a legal entity, as well as the ability to determine the election of more than half of the board of directors (supervisory board) of a legal entity.
The parent credit organization of a banking group, the parent organization of a banking holding company are obliged to notify the Bank of Russia in the manner prescribed by it of the formation of a banking group, banking holding company.
commercial organization, which, in accordance with this Federal Law, may be recognized as the parent organization of a bank holding company, for the purpose of managing the activities of all credit institutions included in the bank holding company, has the right to create a management company of the bank holding company. In this case Management Company of a banking holding performs the duties that, in accordance with this Federal Law, are assigned to the head organization of a banking holding.
For the purposes of this Federal Law, the managing company of a bank holding company is recognized as a business entity whose main activity is the management of the activities of credit institutions included in the bank holding company. The management company of a banking holding is not entitled to engage in insurance, banking, manufacturing and trading activities. A commercial organization that, in accordance with this Federal Law, may be recognized as the parent organization of a bank holding company, must be able to determine the decisions of the management company of the bank holding company on issues falling within the competence of the meeting of its founders (participants), including its reorganization and liquidation.
Article 5. Banking Operations and Other Transactions of a Credit Organization
Banking transactions include:
1) attraction of funds of individuals and legal entities in deposits (on demand and for a certain period);
2) placement of the attracted funds specified in clause 1 of part one of this article on its own behalf and at its own expense;
3) opening and maintaining bank accounts of individuals and legal entities;
4) implementation of money transfers on behalf of individuals and legal entities, including correspondent banks, through their bank accounts;
5) collection of funds, bills of exchange, payment and settlement documents and cash service individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attraction to deposits and placement of precious metals;
8) issuance of bank guarantees;
9) making money transfers without opening bank accounts, including electronic money (except for postal money transfers).
Credit institutions open bank accounts of individual entrepreneurs and legal entities, with the exception of state authorities, local governments, on the basis of certificates of state registration individuals as individual entrepreneurs, certificates of state registration of legal entities, as well as certificates of registration with the tax authority.
A credit institution, in addition to the banking operations listed in part one of this article, is entitled to carry out the following transactions:
1) issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;
2) acquisition of the right to demand from third parties the fulfillment of obligations in cash;
3) trust management of funds 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) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;
6) leasing operations;
7) provision of consulting and information services.
The credit organization is entitled 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 in the presence of an appropriate license from the Bank of Russia - in foreign currency.
The rules for conducting banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.
A credit organization is prohibited from engaging in production, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derivative financial instruments and providing for either the obligation of one party to the contract to transfer the goods to the other party, or the obligation of one party on the terms determined at the conclusion of the contract, in the event of a demand by the other party to buy or sell the goods, if the obligation to supply is terminated without performance in kind.
Money transfers without opening bank accounts, with the exception of electronic money transfers, are carried out on behalf of individuals.
Article 6. Activities of a credit organization in the market valuable papers
In accordance with the license of the Bank of Russia for banking operations, the bank has the right to issue, purchase, sell, record, store and other operations with securities that perform the functions of a payment document, with securities confirming the attraction of funds to deposits and bank accounts, with other securities, the implementation of transactions with which does not require a special license in accordance with federal laws, and is also entitled to exercise trust management of these securities under an agreement with individuals and legal entities.
A credit organization has the right to carry out professional activities in the securities market in accordance with federal laws.
Article 7. Corporate name of a credit institution
A credit institution must have a full company name and may have an abbreviated company name in Russian. A credit organization is also entitled to have a full company name and (or) an abbreviated company name in the languages of the peoples of the Russian Federation and (or) foreign languages.
The trade name of a credit institution in Russian and the languages of the peoples of the Russian Federation may contain foreign borrowings in Russian transcription or in transcriptions of the languages of the peoples of the Russian Federation, with the exception of terms and abbreviations reflecting the organizational and legal form of the credit institution.
The corporate name of a credit institution must contain an indication of the nature of its activities by using the words "bank" or "non-bank credit institution".
Other requirements for the trade name of a credit institution shall be established Civil Code Russian Federation.
The Bank of Russia, when considering an application for the state registration of a credit institution, must prohibit the use of the corporate name of the credit institution if the intended corporate name is already contained in the Book of State Registration of Credit Institutions.
The use of the words "Russia", "Russian Federation", "state", "federal" and "central" in the trade name of a credit institution, as well as words and phrases formed on their basis, is allowed in the manner prescribed by federal laws.
No legal entity in the Russian Federation, with the exception of a legal entity that has received a banking license from the Bank of Russia, may use the words "bank", "credit organization" in its company name or otherwise indicate that this legal entity has the right to carry out banking operations.
Article 8
A credit institution is obliged to publish, in the forms and within the time limits established by the Bank of Russia, the following information on its activities:
Quarterly - balance sheet, profit and loss statement, information on the level of capital adequacy, on the amount of reserves to cover doubtful loans and other assets;
Annually - balance sheet and income statement with the conclusion of the audit firm (auditor) on their reliability.
A credit institution is obliged, at the request of an individual or legal entity, to provide him with a copy of the license to carry out banking operations, copies of other permits (licenses) issued to it, if the need to obtain these documents is provided for by federal laws, as well as monthly balance sheets for the current year.
For misleading individuals and legal entities by failing to provide information or by providing false or incomplete information, a credit institution shall be liable in accordance with this Federal Law and other federal laws.
The parent credit organization of the banking group, the parent organization of the banking holding company (management company of the banking holding company) annually publish their consolidated accounting reports and consolidated profit and loss statements in the form, procedure and terms established by the Bank of Russia, after confirmation of their reliability by the conclusion of an audit firm (auditor).
A credit institution licensed by the Bank of Russia to take deposits from individuals is required to disclose information on interest rates under bank deposit agreements with individuals (for the credit institution as a whole without disclosing information on individual individuals) and information on the credit institution’s debt under deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia.
Article 9. Relations between a credit organization and the state
The credit institution is not liable for the obligations of the state. The state is not liable for the obligations of a credit institution, except in cases where the state itself has assumed such obligations.
The credit institution is not liable for the obligations of the Bank of Russia. The Bank of Russia is not liable for the obligations of a credit institution, unless the Bank of Russia has assumed such obligations.
Legislative and executive authorities and local self-government bodies are not entitled to interfere in the activities of credit institutions, except in cases provided for by federal laws.
A credit organization based on a state or municipal contract for the provision of services for state or municipal needs can carry out individual instructions of the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with the funds of the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and settlements with them, ensure the intended use budget funds allocated for the implementation of federal and regional programs. Such a contract should contain the mutual obligations of the parties and provide for their responsibilities, conditions and forms of control over the use of budgetary funds.
A credit institution may not be obliged to carry out activities not provided for by its constituent documents, except in cases where the credit institution has assumed the relevant obligations, or in cases provided for by federal laws.
Article 10. Constituent documents of a credit organization
The credit institution has founding documents provided by federal laws for a legal entity of the corresponding organizational and legal form.
The charter of a credit institution must contain:
1) company name;
2) an indication of the legal form;
3) information about the address (location) of the governing bodies and separate subdivisions;
4) a list of ongoing banking operations and transactions in accordance with Article 5 of this Federal Law;
5) size details authorized capital;
6) information about the system of governing bodies, including executive bodies, and bodies internal control, on the procedure for their formation and on their powers;
7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.
A credit organization is obliged to register all changes made to its constituent documents. The documents stipulated by Clause 1 of Article 17 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs" and Bank of Russia regulations shall be submitted by a credit institution to the Bank of Russia in the manner prescribed by it. The Bank of Russia, within a month from the date of submission of all duly executed documents, makes a decision on the state registration of changes made to the constituent documents of a credit institution, and sends it to the federal body authorized in accordance with Article 2 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs" executive power (hereinafter referred to as the authorized registering body) information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.
The interaction of the Bank of Russia with the authorized registering body on the issue of state registration of changes made to the constituent documents of a credit institution is carried out in the manner agreed by the Bank of Russia with the authorized registering body.
Article 11. Authorized capital of a credit organization
The authorized capital of a credit institution is made up of the amount of the contributions of its participants and determines the minimum amount of property that guarantees the interests of its creditors.
The minimum amount of the authorized capital of a newly registered bank on the day of filing an application for state registration and issuance of a license for banking operations is set at 180 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license providing for the right to make settlements on behalf of legal entities, including correspondent banks, on their bank accounts, as of the date of filing an application for state registration and issuance of a license to carry out banking operations is set at 90 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license for non-bank credit institutions entitled to carry out money transfers without opening bank accounts and other banking operations related to them, as of the date of filing an application for state registration and issuance of a license to carry out banking operations is set at 18 million rubles. The minimum amount of the authorized capital of a newly registered non-banking credit organization that does not apply for the said licenses as of the date of filing an application for state registration and issuance of a banking license is set at 18 million rubles.
Part three is no longer valid.
The Bank of Russia establishes the maximum amount of property (non-monetary) contributions to the authorized capital of a credit institution, as well as a list of types of property in non-monetary form that can be contributed as payment for the authorized capital.
Raised funds cannot be used to form the authorized capital of a credit institution. cash. Payment of the charter capital of a credit institution in the event of an increase in its charter capital by offsetting claims against the credit institution is not allowed. The Bank of Russia is entitled to establish the procedure and criteria for assessing the financial position of the founders (members) of a credit institution.
Funds from the federal budget and state off-budget funds, free cash and other objects of property held by federal government bodies cannot be used to form the authorized capital of a credit institution, except as otherwise provided by federal laws.
The funds of the budgets of the constituent entities of the Russian Federation, local budgets, free cash and other objects of property held by state authorities of the constituent entities of the Russian Federation and local self-government bodies may be used to form the authorized capital of a credit institution on the basis of a legislative act of a constituent entity of the Russian Federation or a decision body of local self-government in the manner prescribed by this Federal Law and other federal laws.
Acquisition and (or) receipt in trust management (hereinafter - acquisition) as a result of one or several transactions by one legal entity or individual or a group of legal entities and (or) individuals linked by an agreement, or a group of legal entities that are subsidiaries or affiliates under relation to each other, more than 1 percent of the shares (stakes) of a credit institution requires notification of the Bank of Russia, more than 20 percent - the preliminary consent of the Bank of Russia. The Bank of Russia not later than 30 days from the date of receipt of the application informs the applicant in writing about its decision - consent or refusal. Refusal must be motivated. If the Bank of Russia does not inform about the decision taken within the specified period, the acquisition of shares (stakes) in a 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 the shares (stakes) of a credit institution and the procedure for notifying the Bank of Russia of the acquisition of more than 1 percent of the shares (stakes) of a credit institution shall be established by federal laws and Bank of Russia regulations adopted in accordance therewith.
The Bank of Russia has the right to refuse to give consent to the acquisition of more than 20 percent of shares (stakes) in a credit institution if it establishes an unsatisfactory financial position of the purchasers of shares (stakes), violates antimonopoly rules, and also in cases when, in relation to a person acquiring shares (stakes) in a credit organizations that have entered into force judgments, establishing the facts of commission by the specified person of illegal actions in case of bankruptcy, deliberate and (or) fictitious bankruptcy, and in other cases provided for by federal laws.
The Bank of Russia refuses to give consent to the acquisition of more than 20 percent of the shares (stakes) of a credit institution, if the court has previously established the fault of the person acquiring the shares (stakes) of the credit institution in causing losses to any credit institution in the performance of his duties as a member of the board of directors ( supervisory board) of a credit institution, the sole executive body, his deputy and (or) a member of the collegial executive body (board, directorate).
The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration.
Article 11.1. Management bodies of the credit institution
The governing bodies of a credit institution, along with the general meeting of its founders (participants), are the board of directors (supervisory board), the sole executive body and the collective executive body.
The current management of the activities of a credit institution is carried out by the sole executive body and collegial executive body.
The sole executive body, its deputies, members of the collegial executive body (hereinafter referred to as the head of the credit institution), Chief Accountant credit institution, the head of its branch is not entitled to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or affiliated with the credit institution in which its head works, chief accountant, head of its branch, with the exception of the case provided for by this part. In the event that credit institutions are in relation to each other the main and subsidiary business companies, the sole executive body of a subsidiary credit institution shall have the right to hold positions (except for the position of chairman) in the collegiate executive body of the parent credit institution.
Candidates for the positions of members of the board of directors (supervisory board), the head of a credit institution, the chief accountant, deputy chief accountants of a credit institution, as well as for the positions of the head, deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution must comply with qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them.
A credit institution is obliged to notify the Bank of Russia in writing of all proposed appointments to the positions of the head of the credit institution, chief accountant, deputy chief accountants of the credit institution, as well as to the positions of the head, deputy heads, chief accountant, deputy chief accountants of a branch of the credit institution. The notice 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 the said notification, agrees to the said appointments or submits reasoned refusal in writing on the grounds provided for in Article 16 of this Federal Law.
A credit institution is obliged to notify the Bank of Russia in writing of the dismissal of the head of a credit institution, chief accountant, deputy chief accountants of a credit institution, as well as the head, deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution no later than the business day following the day making such a decision.
A credit institution is obliged to notify the Bank of Russia in writing of the election (dismissal) of a member of the board of directors (supervisory board) within three days from the date of such decision.
Article 11.2. Minimum size own funds(capital) of a credit institution
The minimum amount of own funds (capital) is established for the bank in the amount of 180 million rubles, except for the case provided for by part four of this article.
The amount of own funds (capital) of a non-bank credit institution applying for the status of a bank, on the 1st day of the month in which the corresponding application was submitted to the Bank of Russia, must be at least 180 million rubles.
A banking license granting a credit institution the right to carry out banking operations with funds in rubles and foreign currency, to attract funds from individuals and legal entities in rubles and foreign currency as deposits (hereinafter referred to as a general license), may be issued to a credit institution that has its own funds (capital) of at least 900 million rubles as of the 1st day of the month in which the application for a general license was submitted to the Bank of Russia.
A bank that, as of January 1, 2007, has equity capital (capital) of less than 180 million rubles, is entitled to continue its activities, provided that the amount of its equity capital (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, from January 1, 2010, must be at least 90 million rubles.
The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article, from January 1, 2012, must be at least 180 million rubles.
In the event of a decrease in the amount of a bank's own funds (capital) due to a change by the Bank of Russia in the methodology for determining the amount of a bank's own funds (capital), a bank that, as of January 1, 2007, had own funds (capital) in the amount of 180 million rubles or more, within 12 months must reach minimum size own funds (capital) established by this article, calculated according to the new methodology for determining the amount of own funds (capital) of a bank, determined by the Bank of Russia, and a bank that had own funds (capital) as of January 1, 2007 in the amount of less than 180 million rubles - more of two values: the amount of own funds (capital) it had as of January 1, 2007, calculated according to the new methodology for determining the amount of own funds (capital) of a bank, determined by the Bank of Russia, or the amount of own funds (capital) established by parts five and six of this article, on the relevant date.
Chapter II. Procedure for registration of credit institutions and licensing of banking operations
Article 12
Credit institutions are subject to state registration in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", subject to the provisions of this Federal Law special order state registration of credit organizations.
The decision on the state registration of a credit institution 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 registering body on the basis of a decision of the Bank of Russia on the appropriate state registration. The interaction of the Bank of Russia with the authorized registering body on issues of state registration of credit institutions is carried out in accordance with the procedure agreed by the Bank of Russia with the authorized registering body.
For the purpose of exercising its control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in accordance with the procedure established by federal laws and Bank of Russia regulations adopted in accordance with them.
For the state registration of credit institutions, a state fee is levied in the manner and in the amount established by the legislation of the Russian Federation.
A credit institution is obliged to inform the Bank of Russia of changes in the information specified in Clause 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on licenses obtained, 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 registering body about this, which makes an entry in the Unified State Register of Legal Entities about the change in information about the credit institution.
A banking license for a credit institution shall be issued after its state registration in accordance with the procedure established by this Federal Law and Bank of Russia regulations adopted in accordance therewith.
A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
Article 13. Licensing of banking operations
Banking operations are carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Federal Law, except for the cases specified in part nine of this Article and in the Federal Law "On the National Payment System".
Licenses issued by the Bank of Russia are recorded in the register of issued banking licenses.
The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia (the 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 a month from the date of their entry into the register.
The banking license shall indicate the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations may be carried out.
A license for banking operations is issued without limitation of its validity period.
Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails the collection from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in the double amount of this amount to the federal budget. Collection is made in judicial order at the suit of the prosecutor, the relevant federal executive body authorized to do so by federal law, or the Bank of Russia.
The Bank of Russia has the right to present in arbitration court a claim for 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.
State Corporation "Bank for Development and foreign economic activity(Vnesheconombank)" has the right to carry out banking operations, the right to carry out which is granted to it on the basis of the Federal Law "On the Development Bank".
Article 13.1. Lost strength.
Article 14
For the state registration of a credit institution and obtaining a license for banking operations, the following documents are submitted to the Bank of Russia in accordance with the procedure established by it:
1) an application for the state registration of a credit institution and the issuance of a license to carry out banking operations; the application shall also contain information about the address (location) of the permanent executive body of the credit institution, at which communication with the credit institution is carried out;
2) the constituent agreement (original or notarized copy), if its signing is provided for by federal law;
3) charter (original or notarized copy);
4) a business plan approved by the meeting of founders (members) of the credit institution, minutes of the meeting of founders (members) containing decisions on the approval of the charter of the credit institution, as well as candidates for appointment to the positions of the head of the credit institution and the chief accountant of the credit institution. The procedure for drawing up a business plan for a credit institution and the criteria for its evaluation are established by Bank of Russia regulations;
5) payment documents state duty for the state registration of a credit institution and for granting a license to carry out banking operations when a credit institution is established;
6) audit reports about reliability financial reporting founders - legal entities;
7) documents (according to the list established by the regulations of the Bank of Russia) confirming the sources of origin of funds contributed by founders - individuals to the authorized capital of a credit institution;
8) questionnaires of candidates for the positions of the head of the credit institution, chief accountant, deputy chief accountants of the credit institution, as well as for the positions of the head, deputy heads, chief accountant, deputy chief accountants of the branch of the credit institution.
These questionnaires are filled in by these candidates with their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information:
On whether these persons have a higher legal or economic education(with the presentation of a copy of the diploma or a document replacing it) and at least one year of experience in managing a department or other subdivision of a credit institution related to banking operations, and in the absence of special education, at least two years of experience in managing such a subdivision;
on the presence (absence) of a criminal record;
9) questionnaires of candidates for the positions of the sole executive body and chief accountant of a non-bank credit institution entitled to transfer funds without opening bank accounts and other banking operations related to them. These questionnaires are filled in by these candidates with their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information:
On the availability of higher professional education for these persons (with the presentation of a copy of a diploma or a document replacing it);
on the presence (absence) of a criminal record.
In addition to the documents specified in the first part of this article, central bank of the Russian Federation independently requests from the federal executive body that carries out the state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) enterprises, information on the state registration of legal entities that are the founders of a credit institution, and requests from the tax authority information on the implementation by the founders - legal entities obligations to federal budget, budgets of subjects of the Russian Federation and local budgets over the past three years. The credit organization has the right to submit documents containing the specified information on its own initiative.
The provisions of subparagraph 8 of part one of this article shall not apply to the case of submission of documents for the state registration of a non-bank credit institution that has the right to transfer funds without opening bank accounts and other related banking operations, and obtain a license for banking operations.
Article 15
When submitting the documents listed in Article 14 of this Federal Law, the Bank of Russia shall issue to the founders of a credit institution a written confirmation of receipt from them of the documents required for state registration of the credit institution and obtaining a banking license.
A decision on the state registration of a credit institution and the issuance of a license to carry out banking operations or on a refusal to do so shall be made within a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and such a decision shall be made in respect of a non-bank credit institution entitled to implementation of money transfers without opening bank accounts and other banking operations related to them - within a period not exceeding three months.
The Bank of Russia, after making a decision on the state registration of a credit institution, sends to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining the unified state register of legal entities.
Based on that decision, adopted by the Bank Russia, and represented by him necessary information and documents, within no more than five business days from the date of receipt of the necessary information and documents, the authorized registering body shall make an appropriate entry in the Unified State Register of Legal Entities, and not later than the business day following the day the relevant entry was made, notify the Bank of Russia thereof.
The Bank of Russia, no later than three working days from the date of receipt from the authorized registering body of information on the entry about the credit institution made in the Unified State Register of Legal Entities, notifies its founders about this with a demand to pay 100 percent of the declared authorized capital of the credit institution within a month and issues a document to the founders , confirming the fact of making an entry about the credit institution in the unified state register of legal entities.
Non-payment or incomplete payment of the authorized capital within the established period is the basis for the Bank of Russia to apply to the court with a demand to liquidate the credit institution.
To pay for the authorized capital, the Bank of Russia opens a correspondent account with the Bank of Russia for a registered bank, and, if necessary, for a non-bank credit institution. The details of the correspondent account are indicated in the notification of the Bank of Russia on the state registration of a credit institution and the issuance of a license for banking operations.
Upon presentation of documents confirming the payment of 100 percent of the declared authorized capital of a credit institution, the Bank of Russia shall issue a banking license to the credit institution within three days.
Part seven is excluded.
Article 16
Denial of state registration of a credit institution and the issuance of a banking license to it is allowed only on the following grounds:
1) non-compliance of candidates proposed for the positions of the head of a credit institution, the chief accountant of a credit institution and his deputies with the qualification requirements established by federal laws and Bank of Russia regulations adopted in accordance with them. Under the non-compliance of candidates proposed for these positions, these qualification requirements are understood as:
They do not have a higher legal or economic education and experience in managing a department or other subdivision of a credit institution whose activities are related to banking operations, or a lack of two-year experience in managing such a department, subdivision (for candidates for the positions of the sole executive body and chief accountant of a non-banking credit institution, having the right to carry out money transfers without opening bank accounts and other banking operations related to them - they do not have higher professional education);
The presence of a criminal record for committing crimes in the field of economics;
Fulfillment within one year preceding the date of submission to the Bank of Russia of documents for the state registration of a credit institution, administrative offense in the field of trade and finance, established by the decision of the body authorized to consider cases of administrative offenses that has entered into legal force;
The existence, within two years preceding the date of submission of documents to the Bank of Russia for the state registration of a credit institution, of the facts of termination of the employment agreement (contract) with the indicated persons at the initiative of the administration on the grounds provided for in paragraph 2 of Article 254 of the Code of Labor Laws of the Russian Federation;
Within three years preceding the date of submission of documents for the state registration of a credit institution to the Bank of Russia, the credit institution in which each of the said candidates held the position of the head of the credit institution is required to replace him or her as the head of the credit institution in the manner prescribed by the Federal the 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 regulations of the Bank of Russia adopted in accordance with them;
Availability of other grounds established by federal laws;
2) unsatisfactory financial position the founders of a credit institution or their failure to fulfill their obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;
3) non-compliance of documents submitted to the Bank of Russia for the state registration of a credit institution and obtaining a license for banking operations with the requirements of federal laws and Bank of Russia regulations adopted in accordance with them;
4) non-compliance of the business reputation of candidates for the positions of members of the board of directors (supervisory board) with the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them, they have a criminal record for committing a crime in the field of economics.
The decision to refuse state registration of a credit institution and to issue a banking license to it shall be communicated to the founders of the credit institution in writing and must be motivated.
Denial of state registration of a credit institution and the issuance of a banking license to it, failure of the Bank of Russia to adopt an appropriate decision within the established time limit may be appealed to an arbitration court.
Business reputation in accordance with this article is understood as an assessment of the professional and other qualities of a person, allowing him to hold an appropriate position in the management bodies of a credit institution.
Article 17 foreign investment and a branch of a foreign bank and issuance of licenses to carry out banking operations
For the state registration of a credit organization with foreign investments and a branch of a foreign bank and for their obtaining a license to carry out banking operations, in addition to the documents specified in Article 14 of this Federal Law, the duly executed documents listed below shall be additionally submitted.
A foreign legal entity represents:
1) a decision on his participation in the establishment of a credit institution on the territory of the Russian Federation or on the opening of a bank branch;
2) a document confirming the registration of a legal entity and balances for three previous years confirmed by the auditor's report;
3) a written consent of the relevant control body of the country of its location to participate in the creation of a credit institution in the territory of the Russian Federation or to open a branch of the bank in cases where such permission is required by the legislation of the country of its location.
A foreign natural person submits a first-class confirmation (according to international practice) foreign bank solvency of that person.
Article 18. Additional requirements for the establishment and operation of credit organizations with foreign investments and branches of foreign banks
Size (quota) of participation foreign capital in the banking system of the Russian Federation is established by federal law on the proposal of the Government of the Russian Federation, agreed with the Bank of Russia. This quota is calculated as the ratio of the total capital owned by non-residents in the authorized capital of credit institutions with foreign investment and the capital of branches of foreign banks to the total authorized capital of credit institutions registered in the Russian Federation.
The Bank of Russia stops issuing licenses for banking operations to banks with foreign investments, branches of foreign banks upon reaching the established quota.
The Bank of Russia has the right to impose a ban on increasing the authorized capital of a credit institution at the expense of non-residents' funds and on the alienation of shares (stakes) in favor of non-residents, if the result of this action is to exceed the quota for participation of foreign capital in the banking system of the Russian Federation.
Part five is no longer valid.
The Bank of Russia shall have the right, upon agreement with the Government of the Russian Federation, to establish restrictions on banking operations for credit institutions with foreign investments and branches of foreign banks, if in the relevant foreign states banks with Russian investments and branches of Russian banks are subject to restrictions in their establishment and activities.
The Bank of Russia has the right to establish, in accordance with the procedure established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", additional requirements for credit institutions with foreign investments and branches of foreign banks regarding the procedure for submitting reports, approving the composition of management and the list of banking operations carried out.
Article 19
In case of violation of federal laws, regulations and instructions of the Bank of Russia, mandatory standards established by it, failure to provide information, provision of incomplete or inaccurate information, failure to provide information to the bureau credit histories in the event of obtaining the consent of the subject of the credit history, as well as the commission of actions that create a real threat to the interests of depositors and creditors, the Bank of Russia has the right, by way of supervision, to apply to the credit organization the measures established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".
Article 20
The Bank of Russia may revoke a banking license from a credit institution in the following cases:
1) establishing the unreliability of the information on the basis of which the said license was issued;
2) delays in the commencement of banking operations provided for by this license for more than one year from the date of its issuance;
3) establishing facts of significant unreliability of reporting data;
4) Delays more than 15 days of submission monthly reporting(reporting documentation);
5) carrying out, including one-time, banking operations not provided for by the said license;
6) non-compliance with federal laws regulating banking activities, as well as Bank of Russia regulations, if 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 during one year, as well as repeated violations within one year of the requirements provided for by Articles 6 and 7 (with the exception of paragraph 3 of Article 7) of the Federal Law "On counteracting the legalization (laundering) of proceeds from crime".
7) repeated, within one year, culpable failure to comply with the requirements contained in the executive documents of the courts, arbitration courts for the recovery of funds from the accounts (from deposits) of the clients of the credit institution in the presence of funds on the accounts (in deposits) of these persons;
8) there is a petition from the provisional administration, if by the end of the period of activity of the said administration, established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", there are grounds for its appointment, provided for by the said Federal Law;
9) repeated failure by the credit institution to submit to the Bank of Russia, within the established time limit, updated information required to make changes to the Unified State Register of Legal Entities, with the exception of information on obtained licenses;
10) non-compliance by the credit institution that is managing mortgage coverage with the requirements of the Federal Law "On Mortgage Securities" and regulatory legal acts of the Russian Federation issued in accordance with it, as well as failure to eliminate violations in deadlines if, within one year, the measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" have been repeatedly applied to the credit institution.
(In accordance with paragraph 1 of Article 18 of Federal Law No. 224-FZ of July 27, 2010, which enters into force three years after the day of official publication, part one of Article 20 will be supplemented by paragraph 11 of the following content:
"11) repeated violations within one year of the requirements of the Federal Law "On Counteracting the Misuse of Insider Information and Market Manipulation and on Amendments to Certain legislative acts of the Russian Federation" and normative legal acts adopted in accordance with it, taking into account the specifics established by the said Federal Law.")
The Bank of Russia is obliged to revoke a banking license in the following cases:
1) if the capital adequacy of the credit institution falls below 2 percent.
If during the last 12 months preceding the moment when, in accordance with this article, the specified license must 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 organization reaches its maximum value;
2) if the amount of own funds (capital) of the credit institution is lower than minimum value authorized capital established as of the date of state registration of the credit institution. The said grounds for revocation of a banking license shall not apply to credit institutions during the first two years from the date of issuance of a banking license;
3) if the credit institution fails to fulfill, within the period established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", the requirements of the Bank of Russia to bring the amount of authorized capital and the amount of own funds (capital) into line;
4) if the 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) fulfillment. At the same time, these requirements in the aggregate must be at least 1000 times the minimum wage established by federal law;
5) if a bank whose own funds (capital) as of January 1, 2007 is equal to 180 million rubles or more than this amount, for three consecutive months allows a decrease in the amount of own funds (capital) below 180 million rubles, except for a decrease due to a change in methodology determine the amount of own funds (capital), and does not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution;
6) if the bank, the amount of own funds (capital) of which as of January 1, 2007 is less than 180 million rubles, has not reached, as of the relevant date, the amount of own funds (capital) established by parts five and six of Article 11.2 of this Federal Law, or if this bank is in for three consecutive months allows for a decrease in the amount of own funds (capital) (except for cases of such a decrease due to the application of a modified methodology for determining the amount of own funds (capital) of a bank) less than the larger of the two values: the amount of own funds (capital) achieved by it as of January 1, 2007 of the year, or the amount of own funds (capital) established by Parts 5 and 6 of Article 11.2 of this Federal Law, and does not file a petition with the Bank of Russia to change its status to the status of a non-bank credit institution;
7) if a bank that, as of January 1, 2007, had its own funds (capital) in the amount equal to 180 million rubles or more, and allowed a decrease in the amount of own funds (capital) below the minimum amount established by Article 11.2 of this Federal Law, due to a change in the methodology for determining the amount of own funds (capital), has not reached the specified minimum amount of own funds (capital) within 12 months and has not submitted an application to the Bank of Russia to change its status to the status of a non-bank credit institution;
8) if a bank that had own funds (capital) as of January 1, 2007 in the amount of less than 180 million rubles and allowed a decrease in the amount of own funds (capital) in comparison with the level achieved as of January 1, 2007 or established on the corresponding date by parts five and the sixth article 11.2 of this Federal Law, due to the application of a modified methodology for determining the amount of own funds (capital) of the bank, within 12 months did not reach the greater of two values: the amount of own funds (capital) it had as of January 1, 2007, or the amount of its own of funds (capital) established as of the relevant date by Parts 5 and 6 of Article 11.2 of this Federal Law, and did not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution.
In the cases provided for by Part 2 of this Article, the Bank of Russia revokes the credit institution's banking license within 15 days from the date of receipt by the Bank of Russia bodies responsible for revoking the said license of reliable information on the existence of grounds for revoking this license from the credit institution.
Revocation of a banking license 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 to revoke a banking license from a credit institution shall enter into force on the date of adoption relevant act Bank of Russia and may be appealed within 30 days from the date of publication of the notice of revocation of the license for banking operations in the Bulletin of the Bank of Russia. An appeal against said decision of the Bank of Russia, as well as the application of measures to secure claims against a credit institution, shall not suspend the said decision of the Bank of Russia.
A notice on revocation of a banking license from a credit institution shall be published by the Bank of Russia in the official publication of the Bank of Russia, Bulletin of the Bank of Russia, within a week from the date of the relevant decision.
After the banking license of a credit institution is revoked, the credit institution must be liquidated in accordance with the requirements of Article 23.1 of this Federal Law, and if it is declared bankrupt, in accordance with the requirements of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
After revoking a banking license from a credit institution, the Bank of Russia:
No later than the business day following the day of revocation of the said license, appoints a provisional administration to the credit institution in accordance with the requirements of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions";
performs the actions provided for in Article 23.1 of this Federal Law.
From the moment of revocation of the banking license from the credit institution:
1) the time limit for fulfilling the obligations of the credit institution that arose before the date of revocation of the license for banking operations is considered to have come.
At the same time, the size monetary obligations and the obligation to pay the credit institution's obligatory payments denominated in foreign currency is determined in rubles at the exchange rate established by the Bank of Russia on the day the credit institution's banking license is revoked;
2) the accrual of interest and financial sanctions provided for by federal law or an agreement on all types of debts of a credit institution is terminated, with the exception of financial sanctions for non-fulfillment or improper execution credit institution of its current liabilities;
3) execution is suspended executive documents on property recovery, it is not allowed to enforce other documents, the recovery of which is carried out in an indisputable manner, with the exception of the execution of enforcement documents on the recovery of debt on the current obligations of the credit institution;
4) until the date of entry into force of the decision of the arbitration court on declaring the credit organization insolvent (bankrupt) or on liquidating the credit organization, it is prohibited:
Making transactions with the property of a credit institution, including the fulfillment by a credit institution of obligations, with the exception of transactions related to the current obligations of a credit institution, determined in accordance with this article;
fulfillment of the obligation to make mandatory payments that arose prior to the day the credit institution's banking license was revoked;
termination of obligations to the credit institution by offsetting similar counterclaims;
5) the acceptance and execution of payments on the correspondent accounts of the credit institution to the accounts of the credit institution's customers (individuals and legal entities) are terminated. Credit institutions and institutions of the Bank of Russia return payments received after the date of revocation of the license for banking operations in favor of the clients of the credit institution to the accounts of payers in sending banks.
The current liabilities of a credit institution are understood as:
1) obligations to pay expenses related to the continuation of the activities of the credit institution (including utility, lease and operating payments, expenses for communication services, ensuring the safety of property), expenses for the performance of the functions of the temporary administration appointed by the Bank of Russia to manage the credit institution, payment the labor of persons working under an employment contract, the payment of severance pay to these persons in the event of their dismissal, as well as other expenses associated with the liquidation of a credit institution after the date of revocation of a banking license;
2) obligations to pay mandatory payments arising from the date of revocation of the license for banking operations;
3) transfer obligations sums of money, withheld from wages(alimony, personal income tax, trade union and insurance contributions and other payments imposed on the employer in accordance with federal laws) paid to employees of a credit institution in accordance with federal laws.
Payment of expenses related to the fulfillment of current obligations of a credit institution shall be made by the temporary administration appointed by the Bank of Russia to manage the credit institution on the basis of the cost estimate approved by the Bank of Russia.
In the period after the date of revocation of the banking license and until the date of entry into force of the decision of the arbitration court on declaring the credit institution insolvent (bankrupt) or on its liquidation, the credit institution shall have the right to:
1) collect and receive debt, including on previously issued loans, return advance payments previously made by the credit institution, receive funds from the redemption of securities and income from securities owned by the credit institution;
2) to return the property of the credit institution held by third parties;
3) receive income from earlier banking operations and concluded transactions, as well as from operations related to the professional activities of this credit institution in the securities market;
4) to carry out, in agreement with the Bank of Russia, the return of funds erroneously credited to a correspondent account or correspondent sub-account credit organization. The procedure for agreeing on the return of erroneously credited funds is established by the regulations of the Bank of Russia;
5) to return securities or other property to the clients of the credit institution that have been accepted by the credit institution for storage and (or) accounting under agreements trust management or other agreements related to the implementation by the credit institution professional activity on the securities market, reflecting this on the relevant accounts or depo accounts;
6) carry out other actions to perform the functions of the provisional administration appointed by the Bank of Russia to manage a credit institution, provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" and Bank of Russia regulations adopted in accordance with it.
Article 21. Consideration of disputes involving a credit organization
Decisions and actions (inaction) of the Bank of Russia or its officials may be appealed by a credit institution to a court or an arbitration court in accordance with the procedure established by federal laws.
A credit institution has the right to apply to the Bank of Russia with requests and applications in connection with decisions and actions (inaction) of the Bank of Russia, to which the Bank of Russia is obliged to respond within a month on the merits of the issues raised therein.
Disputes between a credit institution and its clients (individuals and legal entities) are resolved in the manner prescribed by federal laws.
Article 22. Branches, representative offices and internal structural subdivisions of a credit organization
A branch of a credit institution is its separate subdivision located outside the location of the credit institution and carrying out on its behalf all or part of the banking operations stipulated by the license of the Bank of Russia issued to the credit institution.
The representative office of a credit institution is its separate subdivision, located outside the location of the credit institution, representing its interests and protecting them. A representative office of a credit institution is not entitled 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 regulations approved by the credit institution that created them.
The heads of branches and representative offices are appointed by the head of the credit institution that created them and act on the basis of a power of attorney issued to them in the prescribed manner.
A credit institution opens branches and representative offices in the Russian Federation from the moment of notification of the Bank of Russia. The notice shall indicate the postal address of the branch (representative office), its powers and functions, information about the managers, the scale and nature of the planned operations, as well as an imprint of its seal and sample signatures of its leaders.
Part six is no longer valid.
Branches of a credit organization with foreign investments in the territory of the Russian Federation shall be registered by the Bank of Russia in accordance with the procedure established by it.
An internal structural subdivision of a credit institution (its branch) is its (its) subdivision 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 regulations of the Bank of Russia, under the license of the Bank of Russia issued by the credit organizations (regulations on a branch of a credit institution).
Credit institutions (their branches) have the right to open internal structural subdivisions outside the locations of credit institutions (their branches) in the forms and procedure established by Bank of Russia regulations.
The authority of a branch of a credit institution to make a decision to open an internal structural subdivision must be provided for by the regulation on the branch of a credit institution.
Article 23. Liquidation or reorganization of a credit organization
The liquidation or reorganization of a credit institution shall be carried out in accordance with federal laws subject to the requirements of this Federal Law. At the same time, the state registration of a credit institution in connection with its liquidation and the state registration of a credit institution created through its reorganization shall be carried out in the manner prescribed by the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics established by this Federal Law and adopted in accordance with the regulations of the Bank of Russia. The information and documents required for the state registration of a credit institution in connection with its liquidation and the state registration of a credit institution established through reorganization shall be submitted to the Bank of Russia. The list of the specified information and documents, as well as the procedure for their submission, is determined by the Bank of Russia.
After the Bank of Russia has made a decision on the state registration of a credit institution in connection with its liquidation or the state registration of a credit institution established through its reorganization, it shall send to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining the Unified State Register of Legal Entities.
On the basis of this decision taken by the Bank of Russia and the necessary information and documents submitted by it, the authorized registering body, within five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day of making corresponding entry, notifies the Bank of Russia about it.
Interaction between the Bank of Russia and the authorized registering body on the issue of state registration of a credit institution in connection with its liquidation or on the state registration of a credit institution established through reorganization shall be carried out in the manner agreed by the Bank of Russia with the authorized registering body.
A written notice of the commencement of the procedure for reorganizing a credit institution, with an attached decision to reorganize the credit institution, shall be sent by the credit institution to the Bank of Russia within three working days after the date of adoption of the said decision. If two or more credit institutions participate in the reorganization, such notification shall be sent by the credit institution that was the last to make a decision on the reorganization of the credit institution or determined by the said decision. The Bank of Russia places this notice on its official website in the information and telecommunications network "Internet" and no later than one business day from the date of receipt of this notification from the credit institution sends to the authorized registering body information on the beginning of the reorganization procedure of the credit institution (credit institutions) with the application of the said decision, on the basis of which the specified body makes an entry in the unified state register of legal entities that the credit institution (credit institutions) is (are) in the process of reorganization.
The state registration of a credit institution in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia of all duly executed documents.
State registration of a credit institution established by way of reorganization, unless a decision has been made to refuse such registration, shall be carried out within six months from the date of submission to the Bank of Russia of all duly executed documents.
The Bank of Russia has the right to prohibit the reorganization of a credit institution if, as a result of it, grounds arise for the application of measures to prevent insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
In the event of termination of a credit institution's activities based on the decision of its founders (participants), the Bank of Russia, at the request of the credit institution, shall decide to revoke the banking license. The procedure for submitting the said application by a credit institution is regulated by the regulations of the Bank of Russia.
If, after the decision of the founders (members) of a credit institution to liquidate it, the Bank of Russia, on the basis of Article 20 of this Federal Law, decides to revoke its banking license, the decision of the founders (members) of the credit institution to liquidate it and other related decisions of the founders (members) of the credit institution or the decisions of the liquidation commission (liquidator) appointed by the founders (members) of the credit institution shall become null and void. A credit institution is subject to liquidation in the manner provided for in Article 23.1 of this Federal Law.
In case of annulment or revocation of the banking license, the credit institution shall return the said license to the Bank of Russia within 15 days from the date of such decision.
The founders (participants) of a credit institution who have made a decision to liquidate it shall appoint a liquidation commission (liquidator), approve the interim liquidation balance sheet and the liquidation balance sheet of the credit institution upon agreement with the Bank of Russia.
The liquidation of a credit institution shall be considered completed, and the credit institution terminated its activities after the authorized registering body makes an appropriate entry in the Unified State Register of Legal Entities.
Article 23.1. Liquidation of a credit institution initiated by the Bank of Russia (forced liquidation)
The Bank of Russia, within 15 days from the date of revocation of a banking license from a credit institution, is obliged to apply to an arbitration court with a demand for the liquidation of a credit institution (hereinafter referred to as the application of the Bank of Russia for the forced liquidation of a credit institution), unless, by the day of revocation of the said the license of the credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
If, by the date of revocation of a banking license, a credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", or the presence of these signs is established by the provisional administration appointed by the Bank of Russia to manage the credit institution after the date of revocation credit institution of the said license, the Bank of Russia applies to the arbitration court with an application for declaring the credit institution insolvent (bankrupt) in accordance with the procedure established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
The arbitration court considers the application of the Bank of Russia for the compulsory liquidation of a credit institution in accordance with the rules established by the Arbitration Procedure Code of the Russian Federation, and taking into account the specifics established by this Federal Law. An application by the Bank of Russia for the compulsory liquidation of a credit institution shall be considered by an arbitration court within a period not exceeding one month from the date of filing the said application.
The arbitration court shall decide on the liquidation of a credit institution and the appointment of a liquidator of the credit institution, unless it is established that there are signs of insolvency (bankruptcy) of the credit institution on the date of revocation of its banking license. When considering an application by the Bank of Russia for the forced liquidation of a credit institution, a preliminary court session, as provided for by the Arbitration Procedure Code of the Russian Federation, shall not be held.
The arbitration court sends the decision on the liquidation of the credit institution to the Bank of Russia and the authorized registering body, which makes an entry in the unified state register of legal entities that the credit institution is in the process of liquidation.
Article 23.2. Liquidator of a credit institution
The nomination of a liquidator of a credit organization to an arbitration court and the approval of this candidature by an arbitration court shall be carried out in the manner prescribed by the Federal Law "On the Insolvency (Bankruptcy) of Credit Organizations" for the nomination and approval of a bankruptcy trustee of a credit organization.
The liquidator of a credit institution that had a license from the Bank of Russia to take deposits from individuals is the Deposit Insurance Agency.
The arbitration court approves as the liquidator of a credit organization that did not have a license from the Bank of Russia to attract funds from individuals in deposits, an arbitration manager who meets the requirements of the Federal Law "On Insolvency (Bankruptcy)" and is accredited with the Bank of Russia as a bankruptcy trustee in the event of bankruptcy of credit organizations.
The liquidator of a credit institution begins to exercise his powers from the day the decision of the arbitration court on the liquidation of the credit institution and the appointment of a liquidator of the credit institution enters into force and is valid until the date of making an entry on the liquidation of the credit institution in the unified state register of legal entities.
The liquidator of a credit organization in the process of liquidating a credit organization must act in good faith and reasonably and take into account the rights and legitimate interests of creditors of the credit organization, society and the state. The liquidator of a credit institution in the course of the liquidation of a credit institution shall have the rights and fulfill the obligations provided for by this Federal Law, and, to the extent not regulated by it, by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for the bankruptcy trustee of a credit institution.
The release or removal of a liquidator of a credit institution from office shall be carried out in accordance with the procedure provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings.
Article 23.3. Consequences of the Arbitration Court's Decision to Liquidate a Credit Organization
The decision of the arbitration court on the liquidation of a credit institution shall enter into force from the date of its adoption. An appeal against a decision of an arbitration court on the liquidation of a credit institution shall not suspend its execution.
From the day the decision of the arbitration court on the liquidation of a credit organization comes into force, the consequences provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Organizations" for the case of declaring the credit organization insolvent (bankrupt) occur.
Article 23.4. Regulation of procedures for the liquidation of a credit institution
The liquidation of a credit institution shall be carried out in the manner and in accordance with the procedures provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings, with the specifics established by this Federal Law.
Creditors of a credit institution in liquidation shall have the rights provided for by this Federal Law, and, to the extent not regulated by it, by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions". The liquidator of a credit organization is obliged to hold the first meeting of creditors of the liquidated credit organization not later than 60 days after the expiry date of the period established for filing creditors' claims.
Control over the activities of a liquidator of a credit institution, the procedure for submitting reports by him to the Bank of Russia, as well as verification by the Bank of Russia of the activities of a liquidator of a credit institution shall be carried out in the manner prescribed by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings.
After the expiration of the period established for filing claims of the creditors of the credit institution, the liquidator of the credit institution draws up an interim liquidation balance sheet, which must contain information on the composition of the property of the liquidated credit institution, a list of claims of the creditors of the credit institution, as well as the results of their consideration. An interim liquidation balance sheet is considered at a meeting of creditors and (or) a meeting of the committee of creditors of a credit institution and, after such consideration, is subject to agreement with the Bank of Russia.
The creditors' claims of a credit institution shall be satisfied in accordance with the interim liquidation balance sheet, starting from the date of its approval by the Bank of Russia and in the order of priority provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
The procedure for making transactions with the property of a credit institution that, in accordance with the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", is not included in the bankruptcy estate in the event of the insolvency (bankruptcy) of a credit institution, is determined by the said Federal Law.
If the funds available to a credit institution are not sufficient to satisfy the claims of the creditors of the credit institution, the liquidator of the credit institution shall sell the property of the credit institution in accordance with the procedure established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
The term for the liquidation of a credit organization may not exceed 12 months from the date of entry into force of the decision of the arbitration court on the liquidation of the credit organization. The said time limit may be extended by the arbitration court at the justified request of the liquidator of the credit institution.
If, in the course of the procedure for liquidating a credit institution, it becomes apparent that the value of the property of the credit institution in respect of which the decision on liquidation has been made is insufficient to satisfy the claims of the creditors of the credit institution, the liquidator of the credit institution shall be obliged to send an application to the arbitration court for declaring the credit institution insolvent (bankrupt).
Report on the results of the liquidation of a credit institution with an attachment liquidation balance is heard at a meeting of creditors or a meeting of the committee of creditors of a credit institution and approved by an arbitration court in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy)".
The ruling of the arbitration court on the approval of the report of the liquidator of a credit institution on the results of the liquidation and the completion of the liquidation of the credit institution shall be submitted by the liquidator of the credit institution to the Bank of Russia with the documents provided for by the regulations of the Bank of Russia for state registration of a credit institution in connection with its liquidation, within ten days from date of such determination.
Article 23.5. Features of the reorganization of a credit institution in the form of a merger, takeover and transformation
Not later than 30 days from the date of the decision on the reorganization of the credit institution, the credit institution is obliged to post information about this on its official website on the Internet information and telecommunication network and notify its creditors of this decision in one of the following ways:
1) by sending a written notice to each creditor (by post with acknowledgment of receipt) and publishing in a printed publication intended for the publication of information on the state registration of legal entities, a message about the decision taken;
2) by publishing a notice of the decision taken in a print publication intended for the publication of information on the state registration of legal entities, as well as in one of the print publications intended for the publication of regulatory legal acts of state authorities of the constituent entity of the Russian Federation on whose territory the branch (branches) is located; ) of this credit institution.
The said notification (message) must contain the following information:
1) on the form of reorganization, the procedure and term for its implementation;
2) in the event of a reorganization in the form of a merger and transformation - on the proposed organizational and legal form, the proposed location of the credit institution created as a result of the reorganization and on the list of banking operations that it intends to carry out;
3) in case of reorganization in the form of merger - on the organizational and legal form, on the location of the credit institution to which the merger is carried out, and on the list of banking operations that such a credit institution carries out and intends to carry out;
The procedure for notifying creditors of a decision to reorganize a credit institution is determined by the general meeting of participants (shareholders) or the board of directors (supervisory board) of the credit institution, if the charter of the credit institution refers this issue to its competence, and is brought to the attention of creditors by posting the relevant information in places available to them in the credit institution and in all its divisions. The credit organization is obliged, at the request of the person concerned, to provide him with a copy of the said decision. The fee charged by the credit institution for the provision of such a copy cannot exceed the cost of its production.
The state registration of a credit institution established as a result of reorganization and the entry into the Unified State Register of Legal Entities of entries on the termination of the activities of the reorganized credit institutions shall be carried out if there is evidence of notification of creditors in the manner prescribed by this article.
A creditor of a credit institution that is an individual in connection with the reorganization of a credit institution has the right to demand early performance of the relevant obligation, and if early performance is impossible, termination of the obligation and compensation for losses, if such an obligation arose before the date:
1) receipt by him of a written notice (in the case of using the method of notifying creditors specified in clause 1 of part one of this article);
2) publication by the credit institution in a printed publication intended for the publication of information on the state registration of legal entities of a notice on the decision taken to reorganize the credit institution (in the case of using the method of notifying creditors specified in clause 2 of part one of this article).
A creditor of a credit institution that is a legal entity, in connection with the reorganization of a credit institution, has the right to demand early performance or termination of the corresponding obligation and compensation for losses, if such a right of claim has been granted to the legal entity in accordance with the terms of the agreement concluded with the credit institution.
The above requirements shall be sent by the creditors of the credit institution in writing within 30 days from the date of receipt by the creditor of the notice or within 30 days from the date of publication by the credit institution in a printed publication intended for the publication of information on the state registration of legal entities, a message on the decision taken to reorganize the credit institution. organizations.
From the date of the adoption of the decision on the reorganization of the credit institution until the date of its completion, a credit institution shall be obliged to disclose information on material facts (events, actions) affecting the financial and economic activities of the credit institution. For the purposes of this Federal Law, such facts (events, actions) mean:
1) reorganization of the credit institution, its subsidiaries and dependent companies;
2) occurrence of facts that caused a one-time increase or decrease in the value of the credit institution's assets by more than 10 percent, facts that caused a one-time increase in the credit institution's net profit or net losses by more than 10 percent, the performance by the credit institution of one-time transactions, the amount of which or the value of property according to which amounts to 10 or more percent of the assets of the credit institution as of the date of the transaction;
3) acquisition by a person of at least 5 percent ordinary shares credit institution (not less than 5 percent of shares in the charter capital of the credit institution), as well as any change as a result of which the amount of such shares (stakes) belonging to this person became more or less than 5, 10, 15, 20, 25, 30, 50 or 75 percent of the placed ordinary shares of the credit institution (stakes in the charter capital of the credit institution);
4) information about solutions general meetings shareholders (participants) of the credit institution;
5) information on accrued and (or) paid income on issuance securities of a credit institution established in the form of a joint-stock company (on a part of the net profit of a credit institution established in the form of a limited liability company or an additional liability company distributed among its participants);
6) sending to the owners of securities of a credit institution established in the form of an open joint stock company, in accordance with Chapter XI.1 of Federal Law No. 208-FZ of December 26, 1995 "On joint-stock companies"voluntary or mandatory offer(including a competing offer) on the acquisition of shares, as well as other issue-grade securities convertible into shares, or notices of the right to demand the repurchase of securities or a demand for the repurchase of securities.
Disclosure of information on significant facts (events, actions) affecting the financial and economic activities of a credit institution is carried out by publishing it in a printed publication indicated in the statement of the credit institution on the decision to reorganize the credit institution. Such publication is carried out within a period not exceeding five days from the moment of occurrence of the said facts (events, actions).
A credit institution is obliged to place information on material facts (events, actions) also on its official website on the Internet information and telecommunication network within a period not exceeding three days from the moment of occurrence of the said facts (events, actions).
The provisions of this article shall also apply when a credit institution is reorganized at the request of the Bank of Russia in the cases established by federal laws.
Chapter III. Ensuring stability banking system, protection of the rights and interests of depositors and creditors of credit institutions
Article 24 financial reliability credit institution
In order to ensure financial reliability, a credit institution is obliged to create reserves (funds), including for the depreciation of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum amounts of reserves (funds) are established by the Bank of Russia. The amount of deductions to reserves (funds) from profit before taxation is established by federal tax laws.
A credit institution is obliged to carry out the classification of assets, separating doubtful and bad debts, and create reserves (funds) to cover possible losses in the manner established by the Bank of Russia.
A credit institution is obliged to comply with the mandatory ratios established in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". The numerical values of the mandatory ratios are established by the Bank of Russia in accordance with the said Federal Law.
A credit institution is obliged to organize internal control that ensures an appropriate level of reliability corresponding to the nature and scale of the operations carried out.
Upon dismissal from office, the sole executive body of a credit institution shall be obliged to transfer the 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 dismissal from the position of the sole executive body, he is obliged to ensure the safety of the property and documents of the credit institution, notifying the Bank of Russia of the measures taken.
Article 25
The Bank is obliged to comply with the required reserve ratio deposited with the Bank of Russia, including the terms, volumes and types of attracted funds. The procedure for depositing required reserves is determined by the Bank of Russia in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".
The Bank is obliged to have an account with the Bank of Russia for holding required reserves. The procedure for opening the said account and carrying out operations on it shall be established by the Bank of Russia.
Article 26. Banking secrecy
Credit organization, Bank of Russia, organization performing functions for compulsory insurance deposits, guarantee the secrecy of operations, accounts and deposits of their customers and correspondents. All employees of a credit institution are required to keep secret about the operations, accounts and deposits of its customers and correspondents, as well as about other information established by the credit institution, unless this is contrary to federal law.
Certificates on transactions and accounts of legal entities and citizens carrying out entrepreneurial activity without forming a legal entity, are issued by a credit institution to itself, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, the customs authorities of the Russian Federation, the federal executive authority in the region financial markets, Pension fund Russian Federation, Fund social insurance of the Russian Federation and bodies for the enforcement of judicial acts, acts of other bodies and officials in cases provided for by legislative acts on their activities, and with the consent of the head investigative body- to bodies of preliminary investigation on the cases which are in their production.
In accordance with the legislation of the Russian Federation, certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to internal affairs bodies in the exercise of their functions to identify, prevent and suppress tax crimes.
Certificates on accounts and deposits of individuals are issued by a credit institution to itself, courts, bodies for the enforcement of judicial acts, acts of other bodies and officials, an organization that performs the functions of compulsory insurance of deposits, upon the occurrence of insured events provided for by the federal law on insurance of deposits of individuals in the banks of the Russian Federation, and with the consent of the head of the investigative body - to the bodies of preliminary investigation in cases being processed by them.
In the event of the death of their owners, certificates on accounts and deposits are issued by a credit institution to persons indicated by the owner of an account or deposit in a testamentary disposition made to a credit institution, to notary offices in respect of inheritance cases pending on the contributions of deceased depositors, and in respect of accounts of foreign citizens - to foreign consular offices. institutions.
Information on operations of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals is provided by credit institutions in authorized body which takes measures to counteract the legalization (laundering) of proceeds from crime, in cases, in the manner and to the extent provided for by the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime".
The Bank of Russia, an organization that performs the functions of compulsory deposit insurance, is not entitled to disclose information about accounts, deposits, as well as information about specific transactions and operations from the reports of credit institutions received by it as a result of the execution of licensing, supervisory and control functions except as otherwise provided by federal law.
Auditing organizations are not entitled to disclose to third parties information about operations, accounts and deposits of credit organizations, their clients and correspondents obtained in the course of their audits, except as otherwise provided by federal laws.
The authorized body that takes measures to counter the legalization (laundering) of proceeds from crime shall not be entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime", except in cases provided for by the said Federal Law. The federal executive body in the field of financial markets shall not be entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Countering the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation", except in cases where stipulated by the said Federal Law.
For disclosure bank secrecy The Bank of Russia, an organization that performs the functions of compulsory deposit insurance, credit, audit and other organizations, an authorized body that takes measures to counter the legalization (laundering) of proceeds from crime, a currency control body authorized by the Government of the Russian Federation, and currency control agents, as well as their officials and their employees are liable, including compensation for damages, in accordance with the procedure established by federal law.
An organization that performs the functions of compulsory insurance of deposits is not entitled to disclose to third parties information received in accordance with the federal law on insurance of deposits of individuals in banks of the Russian Federation.
Information on operations of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals with their consent is provided by credit institutions in order to form credit histories in the credit history bureau in the manner and on the terms that are provided for by the agreement concluded with the credit history bureau in accordance with with the Federal Law "On credit histories".
Banking payment agents guarantee the secrecy of account transactions and accounts of individuals whose payments are accepted by them in accordance with Article 13.1 of this Federal Law.
(In accordance with Federal Law No. 162-FZ of June 27, 2011, one year after the day of official publication, part thirteen of Article 26 will be reworded:
"Payment system operators are not entitled to disclose to third parties information about transactions and accounts of payment system participants and their customers, except as otherwise provided by federal laws.")
Documents and information related to the currency transactions, opening and maintaining accounts and provided for by the Federal Law "On currency regulation and currency control", are provided by credit institutions to the currency control body authorized by the Government of the Russian Federation, tax authorities and customs authorities as currency control agents in the cases, procedure and volume provided for by the said Federal Law.
Currency control bodies and currency control agents are not entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Currency Regulation and Currency Control", except as otherwise provided by federal laws.
Information on trading and clearing accounts of legal entities and on operations on said accounts is provided by credit institutions to the federal executive body in charge of financial markets in the manner prescribed by the Federal Law "On Clearing and Clearing Activity".
The federal executive body in the field of financial markets is not entitled to disclose to third parties information received in accordance with the Federal Law "On Clearing and Clearing Activities".
Operational centers, payment clearing centers are not entitled to disclose to third parties information about transactions and accounts of payment system participants and their clients, received in the course of providing operational services, clearing services to participants payment system, except for the transfer of information within the payment system, as well as cases provided for by federal laws.
The provisions of this article shall apply to information about transactions of clients of credit institutions carried out by banking payment agents (subagents).
The provisions of this article also apply to information on electronic money balances of clients of credit institutions and information on electronic money transfers by credit institutions on the orders of their clients.
Article 27
The funds and other valuables of legal entities and individuals held in accounts and deposits or kept in a credit institution, as well as the balance of electronic funds, may be seized only by a court and an arbitration court, a judge, as well as by order of the authorities preliminary investigation in the presence of a court decision.
When seizing funds on accounts and deposits, or on the balance of electronic money, the credit institution immediately upon receipt of the decision to seize shall terminate debit transactions for this account(deposit), as well as the transfer of electronic funds within the amount of the balance of electronic funds, which are seized.
Foreclosure on funds and other valuables of individuals and legal entities that are on accounts and in deposits or stored in a credit institution, as well as on the balance of electronic funds, can only be levied on the basis of executive documents in accordance with the legislation of the Russian Federation.
A credit institution, the Bank of Russia shall not be liable for damage caused as a result of the seizure or foreclosure of funds and other valuables of their clients, except as otherwise provided by law.
Confiscation of money and other valuables may be carried out on the basis of a court verdict that has entered into legal force.
Chapter IV. Interbank Relations and Customer Service
Article 28. Interbank operations
(In accordance with Federal Law No. 162-FZ of June 27, 2011, one year after the day of official publication, the words "created in the prescribed manner clearing centers and" will be excluded.)
Credit institutions on a contractual basis may attract and place funds from each other in the form of deposits (deposits), loans, carry out settlements through settlement centers and correspondent accounts opened in accordance with the established procedure, opened with each other, and perform other mutual operations provided for by licenses issued by Bank of Russia.
The credit institution informs the Bank of Russia on a monthly basis of newly opened correspondent accounts in the Russian Federation and abroad.
Credit institutions establish correspondent relations with foreign banks registered in the territories of offshore zones of foreign states in the manner determined by the Bank of Russia.
Correspondent relations between a credit institution and the Bank of Russia are carried out on a contractual basis.
Funds are debited from the accounts of a credit institution by its order or with its consent, with the exception of cases provided for by federal law.
If there is a shortage of funds for lending to customers and fulfilling the obligations assumed, the credit institution may apply for loans to the Bank of Russia on the conditions determined by it.
(In accordance with the Federal Law of June 27, 2011 N 162-FZ, after one year after the day of official publication, Article 28 will be supplemented by the seventh part of the following content:
"Credit institutions have the right to make money transfers within payment systems that meet the requirements of the Federal Law "On the National Payment System".)
Article 29
Interest rates on loans and (or) the procedure for determining them, including determining the amount of the interest rate on a loan depending on changes in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and commission on operations are established by the credit institution in agreement with clients, unless otherwise provided by federal law.
A credit institution does not have the right to unilaterally change interest rates on loans and (or) the procedure for determining them, interest rates on deposits (deposits), commission fees and the validity period of these agreements with clients - individual entrepreneurs and legal entities, except for the cases provided for federal law or contract with the client.
Under an agreement on a bank deposit (deposit) made by a citizen on the terms of its issuance after a certain period of time or upon the occurrence of circumstances stipulated by the agreement, the bank cannot unilaterally shorten the term of this agreement, reduce the amount of interest, increase or establish a commission on operations, with the exception of cases provided for by federal law.
Under a loan agreement concluded with a citizen borrower, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the procedure for determining them, increase or establish a commission on operations, except as otherwise provided by federal law .
A credit institution that owns an ATM is obliged to inform the holder of a payment card before the moment he makes settlements using a payment card, sends him instructions to the credit institution on the implementation of settlements on his bank accounts using ATMs belonging to this credit institution, with a warning inscription displayed on the screen of the ATM about the amount of the commission fee established by the credit institution - the owner of the ATM and charged by it for the performance of the specified operations in addition to the fee established by the agreement between the credit institution that issued the payment card and the holder of this card, or on the absence of such fee, as well as reflected based on the results of these operations, information on the commission fee of the credit institution - the owner of the ATM in the event that such a fee is charged on the ATM check or on the absence of such fee.
Article 30
Relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law.
The agreement must specify the interest rates on loans and deposits (deposits), the cost banking services and the terms for their implementation, including the terms for processing payment documents, the property liability of the parties for violations of the contract, including liability for violation of obligations on the timing of payments, as well as the procedure for terminating it and others essential conditions contracts.
Clients have the right to open the required number of settlement, deposit and other accounts in any currency in banks with their consent, unless otherwise provided by federal law.
The procedure for opening, maintaining and closing customer accounts in rubles and foreign currency by a bank is established by the Bank of Russia in accordance with federal laws.
Members of a credit organization do not have any advantages when considering the issue of obtaining a loan or providing them with other banking services, unless otherwise provided by federal law.
A credit institution is obliged, in the manner prescribed by the Federal Law "On Credit Histories", to submit all available information necessary for the formation of credit histories in relation to all borrowers who have agreed to submit it to at least one credit history bureau included in the state register of bureaus. credit histories.
A credit institution before concluding a loan agreement with an individual borrower and before changing the terms of the loan agreement with the specified borrower, entailing a change full cost loan, is obliged to provide the borrower - an individual with information on the full cost of the loan, as well as the list and amounts of payments of the borrower - an individual related to non-compliance with the terms of the loan agreement.
The credit institution is obliged to determine in the loan agreement the full cost of the loan provided to the borrower - an individual, as well as indicate the list and amounts of payments by the borrower - an individual associated with non-compliance with the terms of the loan agreement.
The calculation of the full cost of the loan should include payments by the borrower - an individual under the loan, related to the conclusion and execution of the loan agreement, including payments by the specified borrower in favor of third parties if the obligation of this borrower for such payments arises from the terms of the loan agreement, in which such third parties are identified.
In the event that the full cost of the loan cannot be determined before the conclusion of a loan agreement with the borrower - an individual and before changing the terms of the loan agreement, entailing a change in the total cost of the loan, since loan agreement assumes different sizes of payments of the specified borrower on the loan, depending on his decision, then the credit institution is obliged to bring to the borrower - an individual information on the total cost of the loan, determined based on the maximum possible loan amount and loan term.
The calculation of the full cost of the loan does not include payments by the borrower - an individual on the loan, related to non-compliance with the terms of the loan agreement.
The full cost of the loan is calculated by the credit institution and communicated by it to the borrower - an individual in the manner prescribed by the Bank of Russia.
Article 31
The credit institution makes settlements in accordance with the rules, forms and standards established by the Bank of Russia; in the absence of rules certain types settlements - by agreement among themselves; when making international settlements - in the manner prescribed by federal laws and rules adopted in international banking practice.
The credit institution, the Bank of Russia are obliged to transfer the client's funds and credit the funds to his account no later than the next business day after receiving the relevant payment document, unless otherwise provided by federal law, an agreement or a payment document.
In the event of untimely or incorrect crediting or debiting funds from a customer's account, the credit institution, the Bank of Russia shall pay interest on the amount of these funds at the refinancing rate of the Bank of Russia.
Article 32. Antimonopoly rules
Credit organizations are prohibited from entering into agreements and performing concerted actions aimed at monopolizing the banking services market, as well as at restricting competition in banking.
The acquisition of shares (stakes) in credit institutions, as well as the conclusion of agreements providing for control over the activities of credit institutions (groups of credit institutions), must not contradict antimonopoly rules.
Compliance with antimonopoly rules in the field of banking services is monitored 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 repayment of loans
Credits provided by the bank may be secured by a pledge of immovable and movable property, including government and other securities, bank guarantees and in other ways provided for by federal laws or an agreement.
If the borrower violates obligations under the agreement, the bank has the right to early collect the granted loans and accrued interest on them, if this is provided for by the agreement, and also levy execution on the pledged property in the manner established by federal law.
Article 34
The credit institution is obliged to take all measures provided for by the legislation of the Russian Federation to collect the debt.
A credit organization has the right to apply to an arbitration court with an application to initiate insolvency (bankruptcy) proceedings against debtors who do not fulfill their debt repayment obligations in accordance with the procedure established by 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 holding a general license may, with the permission of the Bank of Russia, establish branches in the territory of a foreign state and, after notifying the Bank of Russia, representative offices.
A credit institution holding a general license may, with the permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in a foreign state.
The Bank of Russia not later than three months from the date of receipt of the relevant application informs the applicant in writing of its decision - consent or refusal. Refusal must be motivated. If the Bank of Russia has not informed about the decision taken within the specified period, the relevant permission of the Bank of Russia shall be considered received.
Chapter VI. savings business
Article 36 Bank deposits individuals
Deposit - funds in the currency of the Russian Federation or foreign currency placed by individuals for the purpose of storage and receipt of income. Income on the deposit is paid in cash in the form of interest. The deposit is returned to the depositor at his first request in the manner prescribed for this type of deposit by federal law and the relevant agreement.
Deposits are accepted only by banks that have such a right in accordance with a license issued by the Bank of Russia, participate in the system of compulsory insurance of deposits of individuals in banks and are registered with an organization that performs the functions of compulsory insurance of deposits. Banks ensure the safety of deposits and timely fulfillment of their obligations to depositors. Attraction of funds in deposits is formalized by the agreement in writing in two copies, one of which is issued to the depositor.
The right to attract deposits of individuals' funds may be granted to banks, from the date of state registration of which at least two years have passed. In case of a merger of banks, the specified period is calculated for a bank that has an earlier date of state registration. When the bank is transformed, the specified period is not interrupted.
Part four is no longer valid.
The right to attract deposits of individuals' funds may be granted to a newly registered bank or a bank, from the date of state registration of which less than two years have passed, if:
1) the size of the authorized capital of a newly registered bank or the amount of own funds (capital) of an existing bank is at least 3 billion 600 million rubles;
2) the bank complies with the established normative act The Bank of Russia is obliged to disclose to an unlimited circle of persons information about persons who have a significant (direct or indirect) influence on decisions made by the bank's management bodies.
Article 37. Bank depositors
Bank depositors may be citizens of the Russian Federation, Foreign citizens and stateless persons.
Depositors are free to choose a bank to deposit their funds and may have deposits in one or more banks.
Depositors can dispose of deposits, receive income from deposits, make non-cash payments in accordance with the agreement.
Article 38. The system of compulsory insurance of deposits of individuals in banks
To provide guarantees for the return of citizens' funds attracted by banks and compensation for the loss of income on invested funds, a system of compulsory insurance of deposits of individuals in banks is being created.
Participants in the system of compulsory insurance of deposits of individuals in banks are an organization that performs the functions of compulsory insurance of deposits, and banks that attract funds from citizens.
The procedure for creating, forming and using the funds 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 the return of deposits and the payment of income on them. Voluntary deposit insurance funds are created as non-profit organizations.
The number of banks - founders of the voluntary deposit insurance fund must be at least five with a total authorized capital of at least 20 times the minimum authorized capital established in accordance with this Federal Law for banks as of the date of the fund's establishment.
The procedure for the creation, management and operation of voluntary deposit insurance funds is determined by their charters and federal laws.
The Bank is obliged to notify customers of its participation or non-participation in voluntary deposit insurance funds. In case of participation in the voluntary deposit insurance fund, the bank informs the client about the conditions of insurance.
Chapter VII. Accounting in credit institutions and supervision of their activities
Article 40. Rules accounting in a credit institution
Rules for maintaining accounting records, presenting financial and statistical reporting, compiling annual reports credit institutions are established by the Bank of Russia, taking into account international banking practice.
The Bank of Russia establishes the specifics of accounting state corporation"Bank for Development and Foreign Economic Affairs (Vnesheconombank)".
Article 41. Supervision over the activity of a credit organization
Supervision over the activities of a credit institution is carried out by the Bank of Russia in accordance with federal laws.
Article 42
The reporting of a credit institution is subject to an annual audit by an audit organization licensed in accordance with the legislation of the Russian Federation to carry out such audits. The accounts of banking groups and the accounts of bank holding companies are subject to an annual audit by an audit organization that, in accordance with the legislation of the Russian Federation, has a license to carry out audits of credit institutions and has been carrying out audits of credit institutions for at least two years. Licenses to carry out audits of credit institutions are issued in accordance with federal laws to audit organizations that carry out audit activity at least two years.
An audit check of a credit institution, banking groups and banking holding companies is carried out in accordance with the legislation of the Russian Federation.
The audit organization is obliged to draw up an opinion on the results of the audit, containing information on the reliability of the financial statements of the credit institution, its compliance with the mandatory ratios 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 auditor's report shall be sent to the Bank of Russia within three months from the date of submission to the Bank of Russia of the annual reports of the credit institution, banking groups and bank holding companies.
Article 43
A credit institution submits to the Bank of Russia an annual report (including a balance sheet and a profit and loss statement) after confirmation of its authenticity by an audit organization. If a credit institution is able to exert significant (direct or indirect) influence on the activities of other legal entities (except for credit institutions), it shall prepare and submit the said report on a consolidated basis in the manner determined by the Bank of Russia.
A credit institution publishes in the open press an annual report (including a balance sheet and a profit and loss statement) in the form and terms established by the Bank of Russia, after confirmation of its authenticity by an audit organization.
The parent credit institution of a banking group, the parent organization of a banking holding company (the managing company of a banking holding company) prepare and submit to the Bank of Russia, for the purpose of supervising the activities of credit institutions on a consolidated basis, in the manner determined by the Bank of Russia, consolidated statements on the activities of the banking group and consolidated statements on activities of the banking holding, each of which includes a consolidated accounting report, a consolidated income statement, as well as a calculation of risks on a consolidated basis.
For the purposes of compiling, presenting and publishing consolidated reporting on the activities of the banking group, the said consolidated statements should include the statements of other legal entities in respect of which the credit institutions that are part of the banking group may have a significant (direct or indirect) influence on the activities and decisions made by the management bodies of these legal entities.
For the purposes of compiling, presenting and publishing consolidated financial statements on the activities of the banking holding company, the said consolidated financial statements must include the financial statements of other legal entities in respect of which the head organization of the banking holding company (management company of the banking holding company) and (or) credit institutions that are part of the banking of the holding may have a significant (direct or indirect) influence on the decisions made by the management bodies of these legal entities.
Legal entities in respect of which the parent credit organization of the banking group, the parent organization of the banking holding company (management company of the banking holding company) exercise significant (direct or indirect) influence, for the purposes of preparing consolidated financial statements, are required to submit reports on their activities to them.
The parent credit organization of a banking group, the parent organization of a banking holding company (management company of a banking holding company) shall not be entitled to disclose information received from other legal entities included in this banking group (this banking holding company) about their activities, except as otherwise provided by this Federal Law, or cases arising from the tasks of publishing consolidated financial statements.
Chairman
Supreme Soviet of the RSFSR
B.N. Yeltsin
Federal Law on banking activity and banks: summary
In the Russian Federation, the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities” (hereinafter the Federal Law on Banks) is the main one in the field of regulating the activities of credit institutions. Its content applies to all banking organizations our country. The supervisory body - the Central Bank of the Russian Federation - is responsible for the execution of its articles.
It is very difficult to state any law briefly, because. Every article contains important information. The content of the Federal Law on banks provides regulation all banking activities in the territory of the Russian Federation.
The latest version of the Federal Law On Banks contains provisions regulating the following:
- Credit institutions have the right to conduct their operations only on the basis of licenses issued by the Bank of Russia. The Central Bank of the Russian Federation has the right to refuse registration of a credit institution if it does not meet the requirements set forth in the law:
- The norms for conducting banking operations and transactions are general principles on the formation and conduct of credit and deposit policy, composition internal structure credit institutions, the procedure for compiling and submitting bank statements, etc.
- Banking operations in the Russian Federation can only be carried out in the official currency. Recent changes to the law make it possible to use different kinds electronic currencies.
- A credit organization has no right to engage in other types of activities, except for the main one. Banks are prohibited from trading or insurance operations. the procedure for exclusion from the lists of credit organizations and revocation of licenses for banks;
- Explanations of special terms (bank secrecy, restructuring, payment orders, etc.).
The main shortcomings of the law on banking activities and ways to improve it
The disadvantages of the Federal Law on banks are as follows:
- the absence of a preamble, which should contain an introductory part and general provisions (provide for the scope of this regulatory legal act, the goals pursued during adoption, and other starting points);
- the absence of an article that would consolidate the principles of banking.
Remark 1
Legal regulation of the activities of banks should clearly define the principles of their functioning, depending on the area of their distribution. General principles must be stated banking work and principles that characterize individual areas of banking.
Ways to improve the Federal Law on banks, to the basic principles of banking in the Russian Federation are as follows:
- a combination of common and internal interests in the exercise of the functions of the Central Bank of the Russian Federation for state regulation of banking activities;
- determination of the principle of transparency in the activities of credit institutions;
- introduction of the principle of the permissive nature of the activities of banks;
- observance of the principle of mandatory accumulation of certain reserves by credit institutions in the Bank of Russia to minimize risks;
- mandatory accountability of credit institutions to the Central Bank of the Russian Federation;
- the principle of non-intervention of the Bank of Russia and other subjects of state power in the current work of credit institutions, with the exception of cases provided for by the legislation of the country;
- observance of the principle of the supremacy of rights and legitimate interests of clients of credit institutions that do not violate Russian and banking legislation.
At legal regulation banking activities, the above principles should be distinguished into principles that are enshrined in international legal acts and principles that are based on legislative framework RF, i.e. national.
Federal Law on banking activity and banks: summary
In the Russian Federation, the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities” (hereinafter the Federal Law on Banks) is the main one in the field of regulating the activities of credit institutions. Its content applies to all banking organizations in our country. The supervisory body - the Central Bank of the Russian Federation - is responsible for the execution of its articles.
It is very difficult to state any law briefly, because. Every article contains important information. The content of the Federal Law on banks provides for the regulatory regulation of all banking activities in the territory of the Russian Federation.
The latest version of the Federal Law On Banks contains provisions regulating the following:
- Credit institutions have the right to conduct their operations only on the basis of licenses issued by the Bank of Russia. The Central Bank of the Russian Federation has the right to refuse registration of a credit institution if it does not meet the requirements set forth in the law:
- The norms for conducting banking operations and transactions are general principles for the formation and implementation of a credit and deposit policy, the composition of the internal structure of credit institutions, the procedure for compiling and submitting bank statements, etc.
- Banking operations in the Russian Federation can only be carried out in the official currency. Recent changes in the law allow the use of various types of electronic currencies.
- A credit organization has no right to engage in other types of activities, except for the main one. Banks are prohibited from conducting trading or insurance operations. the procedure for exclusion from the lists of credit organizations and revocation of licenses for banks;
- Explanations of special terms (bank secrecy, restructuring, payment orders, etc.).
The main shortcomings of the law on banking activities and ways to improve it
The disadvantages of the Federal Law on banks are as follows:
- the absence of a preamble, which should contain an introductory part and general provisions (provide for the scope of this regulatory legal act, the goals pursued during adoption, and other starting points);
- the absence of an article that would consolidate the principles of banking.
Remark 1
The legal regulation of the activities of banks should clearly define the principles of their functioning, depending on the area of their distribution. The general principles of banking and the principles characterizing individual areas of banking should be indicated.
Ways to improve the Federal Law on banks, to the basic principles of banking in the Russian Federation are as follows:
- a combination of common and internal interests in the exercise of the functions of the Central Bank of the Russian Federation for state regulation of banking activities;
- determination of the principle of transparency in the activities of credit institutions;
- introduction of the principle of the permissive nature of the activities of banks;
- observance of the principle of mandatory accumulation of certain reserves by credit institutions in the Bank of Russia to minimize risks;
- mandatory accountability of credit institutions to the Central Bank of the Russian Federation;
- the principle of non-intervention of the Bank of Russia and other subjects of state power in the current work of credit institutions, with the exception of cases provided for by the legislation of the country;
- observance of the principle of the supremacy of rights and legitimate interests of clients of credit institutions that do not violate Russian and banking legislation.
In the legal regulation of banking activities, the above principles should be distinguished into principles that are enshrined in international legal acts and principles that are based on the legislative framework of the Russian Federation, i.e. national.
Federal Law No. 395-1 "On Banks and Banking Activity"
Federal Law "On Banks and Banking Activity" dated December 2, 1990 No. 395-1 is the main document regulating the establishment and operation of credit institutions in Russia.
Chapter 1 of the law is devoted to the general provisions of banking activity, its structure is described. The range of operations that can be carried out exclusively by credit organizations has been determined. The definition of unions, associations, groups and holdings, created by banks. The foundations of the relationship between banks and the state have been laid. In addition, the section spells out the basic concepts necessary to create a bank: , minimum, management bodies.
Chapter 2 regulates the registration of credit institutions and the licensing of banking operations, the procedure for creating branches and representative offices. It contains a list required documents, the grounds for refusal are described. It also indicates the features of creating a credit institution with foreign participation in Russia, as well as questions in which situation a license can be revoked, and the procedure for liquidating a bank.
Chapter 3 is about banking stability and reliability, as well as protecting the rights of depositors and creditors. It is also entrusted to the Central Bank to establish the standards that banks should be guided by. The concept is introduced bank reserves, a definition of bank secrecy is given, and the procedure for seizing and foreclosing funds held in a credit institution is described.
Chapter 4 deals with banking practice: establishing interbank relationships, interest rates, bank commissions. In the latest version of the law, in a separate chapter, such a concept as a credit history bureau is introduced. The issues of ensuring the repayment of loans, bankruptcy of clients are considered. There is a section on antitrust rules.
Chapter 5 - on the establishment by the bank of representative offices and subsidiaries abroad.
Chapter 6 is completely devoted to the savings business - deposits of individuals, the system of compulsory and voluntary insurance.
In the last chapter 7 we are talking on accounting in credit institutions, as well as on supervision of the activities of banks, on mandatory reporting and audits. In addition, the features of accounting in banking groups and holdings are described.
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