A banking license is a special permission of the Bank of Russia to carry out banking activities, certifying the right of a credit institution to conduct the financial transactions specified in it. In the Russian Federation, according to the Federal Law N 395-1 of December 2, 1990 “On Banks and Banking Activities”, all banking operations are carried out on the basis of a license issued by the Bank of Russia, entered in the register. The document is issued without limitation of its validity period. The license is revoked central bank Russian Federation.
Types of banking licenses
The Bank of Russia issues 8 types of licenses for the implementation banking operations:
- a license to conduct banking operations with funds in rubles without the right to raise funds individuals;
- a license to carry out banking operations with funds in rubles and foreign currency without the right to attract funds from individuals;
- license to attract deposits and placement precious metals without the right to attract deposits from individuals;
- a license to attract deposits of individuals in rubles;
- a license to attract deposits of individuals in rubles and foreign currency;
- general license;
- license for banking clearing;
- license for collection production.
Return of a banking license
A financial institution from which the Central Bank of the Russian Federation has revoked its permission to carry out banking activities has the right to return the license. To do this, the lending institution must judicial order challenge the actions of the Bank of Russia. In case of a positive decision, the license will be returned. Such precedents have been judicial practice.
The Bank of Russia may, on its own initiative, return a banking license to a financial institution from which it was revoked. This happens after the elimination of all violations in the activities of the bank.
Issuance of banking licenses
Banking licenses are issued by the Central Bank of the Russian Federation. To obtain a document authorizing financial activities, a credit institution must meet a number of requirements.
Banking licenses are issued after registration financial organization, entering data about it in the register; payment 100% authorized capital; opening a correspondent account for a credit institution with the Bank of Russia. After all these conditions are met, a license is issued credit institution within three days.
General banking license
General banking license is a document that gives a financial institution the right to carry out banking operations with funds in rubles and foreign currency, to attract individuals and legal entities in rubles and foreign currency.
A credit institution holding a general license may:
- create branches and subsidiaries in the territory of a foreign state;
- place in bank deposits federal budget funds;
- invest in deposits in rubles pension savings and savings for housing military personnel;
- participate in a tender for the right to perform the functions of an agent for the placement of government savings bonds and carry out a number of other operations.
Banking license
The banking license specifies financial operations, to which the given credit institution is entitled, as well as the currency in which these operations can be carried out. Only three types of licenses can be issued to a newly created bank. After several years of successful work and the fulfillment of a number of conditions, financial institution may obtain other types of licenses. As a result, all received documents can be replaced by a general license. Banking without a license is a serious offence.
Revocation of banking license
The banking license of a financial institution is revoked by the Bank of Russia. Deprivation of a credit organization's license is carried out upon its liquidation. The basis for such a decision may be systematic violations of the law committed by the bank, bankruptcy, failure to provide reports and other factors. Information about the revocation of a banking license is published in open sources - in the press, on the website of a financial institution. Every year, the Central Bank of the Russian Federation revokes licenses from several dozen financial institutions.
Banking license term
A banking license is issued without specifying its validity period. A financial institution may carry out the types of activities specified in the document until the license is revoked by the Central Bank of the Russian Federation and the credit institution ceases to operate. In the document, you can find only one date for the issuance of a license to a credit institution. Audits of financial organizations are carried out annually, as a result of which banks may be deprived of a license.
Advice from Sravni.ru: When planning to open a bank account, you should familiarize yourself with the license of a financial institution.
Normative regulation of this issue is reflected in Art. 13 Licensing of banking operations Federal Law No. 395-I dated December 2, 1990 "On banks and banking activities":
“Banking operations are carried out only on the basis of a license issued by the Bank of Russia, with the exception of the cases specified in parts nine and ten this article and in the Federal Law "On the National Payment System" 34 .
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.
Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law. The State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" has the right to carry out banking operations, the right to carry out which is granted to it on the basis of the Federal Law "On the Bank for Development" 35 .
commercial organization, which is not credit institution and performing the functions of a central counterparty in accordance with the Federal Law "On Clearing and clearing activities 36 is entitled to carry out, without a license issued by the Bank of Russia, the operations specified in Clause 6 of Part One of Article 5 of this Federal Law, when concluding agreements on the acquisition (alienation) of foreign currency on the stock exchange in order to perform the functions of a central counterparty.
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Types of licenses issued to banks |
Comment |
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1. Licenses issued to a bank established by founding |
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License for banking operations with funds in rubles (without the right to attract funds from individuals in deposits) |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 8.2.1, Appendix 6 |
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License to attract deposits of individuals' funds in rubles, containing banking operations. A license to attract deposits of individuals' funds in rubles can be issued to a bank simultaneously with a license to conduct banking operations with funds in rubles |
Instruction of the Bank of Russia dated 14.01. 004 No. 109-I, clause 8.2.4, appendix 16 |
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License for banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals into deposits) |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 8.2.2, Appendix 7 |
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License to attract deposits of individuals' funds in rubles and foreign currency, containing banking operations. A license for taking deposits of individuals' funds in rubles and foreign currency may be issued to a bank simultaneously with a license for banking operations with funds in rubles and foreign currency. |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 8.2.5, Appendix 17 |
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Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 8.2.3. |
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2. Licenses issued to expand the activities of the bank |
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License to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits). With this license, the bank has the right to establish correspondent relations with an unlimited number of foreign banks. |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 8.2.2, clause 14.1.1, Appendix 7 |
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License for attracting deposits and placing precious metals |
Instruction of the Bank of Russia dated 14.01.2004 No. 109-I, clause 8.2.3, clause 14.1.2, appendix 8 |
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A license to attract deposits of individuals' funds in rubles A license can be issued to a bank from the date state registration which has been at least two years old. |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 14.1.3, clause 14.2, clause 14.4, Appendix 16 |
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License to attract deposits of individuals' funds in rubles and foreign currency. A license may be issued to a bank, from the date of state registration of which at least two years have passed, as well as in the presence of a license for banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits), or simultaneously with it. When considering the issuance of this license to a bank, it is checked for compliance with the requirements for participation in the deposit insurance system. |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 14.1.4, clause 14.2, clause 14.4, appendix 17 |
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General license. A general license may be issued to a bank: At least two years have passed from the date of state registration of which; Having a license to carry out all banking operations with funds in rubles and foreign currency; Performing the established regulations Bank of Russia requirements for the amount of own funds (capital). Having a license to conduct banking operations with precious metals is not a prerequisite for obtaining a General License. When considering the issue of issuing a General License to a bank, it conducts a comprehensive audit in the manner prescribed by Bank of Russia regulations, or takes into account the results of a comprehensive audit if it was completed no earlier than three months before the submission of an application for issuing this license to a territorial institution Bank of Russia. A credit institution applying for the issuance of a General License is entitled to apply to the territorial office of the Bank of Russia supervising its activities with a request for a comprehensive audit. The timing of a comprehensive audit and the audited period of activity of a credit institution shall be agreed upon by the territorial office of the Bank of Russia with the said credit institution. A bank holding a General License is entitled to in due course create branches in the territories of foreign states and (or) acquire shares (stakes) in the authorized capital of foreign banks. |
Bank of Russia Instruction No. 109-I dated January 14, 2004, clause 14.1.5, clause 14.3, clause 14.4, appendix 18 |
The object of licensing in the banking sector is banking as a set of systematically carried out by banks or non-bank credit organizations as participants in a single banking system banking operations aimed at making a profit. In the aspect of banking activities, licensing has a certain specificity, which lies in the fact that a banking license directly legitimizes the performance of only banking operations (Part 1, Article 5 of the Banking Law). In addition to banking operations, a banking license indirectly legitimizes also a number of transactions specified in Part 3 of Art. 5 of the Banking Law, as well as transactions with securities, a list of which is given in Art. 6 of the Law. Consequently, the list of types of entrepreneurial activities that credit institutions are entitled to carry out is wider than directly indicated in the banking license.
Basic principles of organization of bank management.
Bank license - how is it issued and why does a bank need it?
To start working as a bank, each institution must obtain a special permit - a banking license. In the absence of it, it is impossible to conduct a single transaction, even the simplest one.
Bank license is a permit issued by the Central Bank to an institution that intends to engage in financial business. This document spells out all the operations that are allowed to be carried out by this organization, and the allowed currency. The duration of the permit does not have a specific framework, but the Central Bank of the Russian Federation can legally revoke it.
The presence of permission indicates that clients are protected from dishonesty or deceit. The performance of credit and financial transactions without obtaining permits leads to the fact that the fin. the institution will be fined a large amount or liquidated.
All documents issued by the Central Bank are recorded in a single register, which is published once a year in the Bulletin of the Bank of Russia.
Why do you need a bank license?
This document confirms the ability of the institution to conduct financial transactions. The verification is carried out by the Central Bank of the Russian Federation after the organization submits all documents for a license document request. Getting it and going through all the stages of verification takes a lot of time (within 1-3 years). The organization that will be tested and proves that she is capable of carrying out banking operations, receives this document.
For clients, the presence of official permission from the Central Bank indicates the reliability of the institution. All their requests will be carried out in accordance with the law and in the prescribed manner. In case of emergencies, the client can always contact the legal authorities to resolve the problem.
Who has the right to issue a license to conduct financial activities?
On the territory of the country, the issuance of licenses and their revocation is carried out exclusively by the Central Bank of the Russian Federation on behalf of the state. This is confirmed by the law of the federal level "On the activities of banks" dated December 2, 1990 No. 395. Licenses issued by others legal organizations RF are considered invalid and have no legal basis. Forgery of a banking license is punishable by law.
How to get a bank license?
To obtain a license, be sure to submit all the specified documents on time. This period is at least two years after state registration. At the same time, the organization must already have a capital of at least 300 million rubles.
The list of documents required to obtain permission from the Central Bank:
- The application itself is a petition indicating the address of the permanent location banking institution to contact her
- Memorandum of Association (notarized copy or original),
- approved by the assembly. institutions charter, which spells out the decision on its approval, applicants for a managerial position and chief accountant,
- State payment receipt fees for state registration of the organization and for providing
- The conclusion of independent auditors on the reliability of the provided financial statements bank founders,
- Documents confirming the legality and source of the money contributed to the authorized capital,
- Personally completed dossiers of applicants for the positions of chief accountant, head of the bank, their deputies indicating: higher education (with supporting documents attached), experience in managing the institution, experience in keeping records of banking activities, certificate of the Ministry of Internal Affairs of the Russian Federation on the presence / absence of a criminal record
- Certificate of the antimonopoly authority on its consent to the creation of this organization,
- List of founders in paper form,
- Other documents determined by regulations and laws.
What types of licenses can a bank obtain?
There are several types of permits that an organization can obtain that are required to conduct transactions.
Types of licenses:
- The general license is the main and most important one. Its number must be indicated on all documents and on the website, and a copy can be provided to each client upon request.
- for transactions in rubles,
- to conduct transactions in foreign currency,
- on the possibility of attracting money from the population in deposits in rubles or foreign currency,
- for deposits in precious metals,
- to establish correspondent relations with foreign banks,
- for the implementation professional activity on the market valuable papers and others.
Revocation of a license from a bank.
The Central Bank of the Russian Federation may at any time revoke the issued permits. About the reasons in more detail. After that, the organization does not have the right to perform any operations. The reasons for the recall are: violation of the law, negative financial activities, violation of liquidity and asset adequacy standards, violation of the law on legalization of income, merger or acquisition by another organization or bank, identification of false information for obtaining a license, false financial statements, self-liquidation, violation of other laws and regulations.
You can find out that a license has been revoked from a financial institution in the official publication of the Central Bank or in the media.
If, upon revocation of the license, the institution cannot pay off its depositors, then the DIA is responsible for the payments. Loans must be repaid by borrowers in the same manner and conditions under which they were already issued in favor of another person (the buyer of loans from a closed financial institution). 
Conclusions:
- The presence of a general license indicates the development of the Finnish. institutions,
- When choosing a bank for a deposit, you need to pay attention to the participation of the bank in the deposit insurance system,
- The request of the bank to repay the loan ahead of schedule is the first sign of the beginning of the revocation of the permit to conduct activities,
- Refund after license revocation is possible at best in a month,
- Loans after the recall will have to be repaid at the same regularity.
The procedure for issuing licenses commercial banks regulated by the Federal Law “On Banks and Banking Activities”, the Federal Law “On the Central Bank of the Russian Federation”, as well as Chapter 8 “Procedure for Issuing a Banking License to a Credit Organization Established by Establishment” and Section III of Instruction 109-I. The basis for issuing a license to carry out banking operations is confirmation of the timely and legal payment of 100% of the authorized capital of the CO, as well as registration of a report on the results of the first issue of shares of the CO in the form of a joint-stock company.
The following types of licenses may be issued to the bank upon establishment:
1. License to carry out banking operations with funds in rubles (without the right to attract funds from individuals into deposits. These include (Appendix 6 to Instruction 109):
Attraction of funds of legal entities in deposits (on demand and for a period).
Placement of attracted deposits (on demand and on certain period) funds of legal entities on their own behalf and at their own expense.
Opening and maintenance of bank accounts for legal entities.
Making settlements on behalf of legal entities, including correspondent banks, on their bank accounts.
extradition bank guarantees.
2. A license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits), containing the banking operations listed in Appendix 7 to the Instruction. It allows you to perform all of the above operations not only in rubles, but also in foreign currency, as well as to make transactions for the purchase and sale of foreign currency in cash and non-cash form. With this license, the bank has the right to establish correspondent relations with an unlimited number of foreign banks;
3. License to attract deposits and placement of precious metals, containing the banking operations listed in Appendix 8 to the Instruction. It allows you to attract deposits and placement of precious metals, as well as other operations with precious metals in accordance with the Federal Law on Precious Metals and Precious Stones, which do not require a license from the Central Bank of the Russian Federation, but require permission from the Ministry of Finance of the Russian Federation. This license may be issued to a bank simultaneously with a license to work with foreign currency.
The Bank of Russia decides to issue a license for banking operations within three days from the date of receipt of the conclusion of the GTU on the legality of paying 100% of the authorized capital. He sends 1 copy of the license to the credit institution and the GTU. The first copy of the banking license shall be issued to the chairman of the board of directors of the CO or another authorized person who has confirmed receipt of the license in writing.
Not later than 5 working days from the date of the decision to issue a license to the CI, the Bank of Russia sends the relevant information to the registration authority in accordance with the established procedure. The Bank of Russia maintains the Register of banking licenses issued to KOs. It is subject to publication in the Bulletin of the Bank of Russia at least once a year. Changes in the register are published within a month from the date of their introduction.
After obtaining a license, the bank can start working. In the process of development, he can set tasks to expand the range of operations performed and apply to the Central Bank of the Russian Federation with a request for additional licenses. The procedure for obtaining additional licenses is regulated by Section III of Instruction 109.
In the future, the bank may expand its activities by obtaining additional licenses. To obtain an additional license, a bank must comply with the following requirements:
financial stability during the last six months;
fulfillment of mandatory reserve requirements;
fulfill the established federal laws and the regulations of the Bank of Russia, requirements to provide information about participants and their groups (affiliates), which makes it possible to unambiguously identify persons (including those who are not participants in the CI) who are able to directly or indirectly determine the decisions made by the management bodies of the CI;
not have debts to budgets of all levels;
have organizational structure(including service internal control) adequate to the scale of operations carried out by the credit institution and the risks assumed;
appropriate specifications and qualified personnel.
In order to obtain a license expanding its activities, the CA must submit the following documents to the GTU, which supervises its activities:
petition signed by an authorized person (2 copies);
published annual report certified audit organization, and a duly certified copy of the auditor's report for the year preceding the KO's application for a license expanding activities (if these documents were not previously submitted to the GTU);
the business plan of the CO or, in the cases of amendments and additions to the business plan provided for by Bank of Russia regulations (2 copies);
confirmation of the authorized bodies on the absence of debts of KOs to the budgets of all levels;
document confirming the payment of the license fee (1 copy).
GTU for 90 calendar days from the moment of receipt of the documents, it considers them and sends to the Licensing Department a conclusion on the possibility of issuing a license expanding its activities to the KO. On the basis of the documents received, the Bank of Russia makes a decision on issuing the license specified in its application to the KO.
The Licensing Department sends 2 copies of the banking license to the GTU. Within 5 business days from the moment the decision is made, the Bank of Russia notifies the registering authority of this. Not later than the business day following the day the decision was made to issue a license to work with individuals, the Bank of Russia informs the Deposit Insurance Agency about this.
An operating bank may be issued the following types of banking licenses:
with funds in rubles and foreign currency (without the right to attract funds from individuals in deposits), which gives the right to establish correspondent relations with an unlimited number of foreign banks;
a license to attract deposits and placement of precious metals can be issued if there is a license (or simultaneously with a license) to carry out operations with funds in rubles and foreign currency);
a license to raise funds from individuals in rubles;
a license to attract deposits of individuals' funds in rubles and foreign currency.
After 2 successful years, banks can obtain a license to work with individuals, respectively, only in rubles if they have a ruble license or in rubles and in foreign currency if they have a foreign exchange license. The issuance of one of these licenses entitles the bank to perform the following operations (appendices 16,17):
Attracting funds from individuals in deposits (on demand and for a period).
Placement of funds attracted to deposits of FL on its own behalf and at its own expense.
Opening and maintenance of bank accounts for individuals.
Оֹimplementation of settlements on behalf of individuals on their bank accounts.
At the same time, the CI must comply with the requirements established by the Federal Law “On insurance of deposits of individuals in banks of the Russian Federation”. When considering the issue of issuing such a license to a bank, it is checked in accordance with Article 45 of the Federal Law on deposit insurance.
After 2 years and the availability of all licenses (except for a license to work with precious metals, which is optional), the bank may apply for a General License, which gives the right to open branches abroad and acquire shares in the authorized capital of foreign KOs. Full list operations that can be carried out on the basis of the General License is given in Appendix 18 to Instruction 109:
Attraction of funds of individuals and legal entities in deposits (on demand and for a certain period).
Placement of funds attracted in deposits (on demand and for a certain period) of individuals and legal entities on their own behalf and at their own expense.
Opening and maintaining bank accounts of individuals and legal entities.
Making settlements on behalf of individuals and legal entities, including authorized correspondent banks and foreign banks, on their bank accounts.
Collection of funds, bills of exchange, payment and settlement documents and cash service individuals and legal entities.
Purchase and sale of foreign currency in cash and non-cash forms.
Issuance of bank guarantees.
Implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders).
The Bank shall have the right to establish branches in the territories of foreign states in accordance with the established procedure and (or) acquire shares (stakes) in the authorized capital of foreign banks.
When considering the issue of issuing a General License to a bank, it conducts a comprehensive audit or takes into account the results of such an audit conducted no earlier than 3 months before the submission of an application for a license.
For consideration of the issue of issuing a banking license to a KO, a license fee is charged in the amount of 0.01% of the authorized capital specified in the KO's charter, but not more than 40 thousand rubles. This fee is paid by the credit institution at its location and goes to the federal budget.
The decision on the state registration of any financial organization is made by the Central Bank of Russia. As soon as information about the bank gets into single register, he is obliged to inform about any changes that occur. The license for banking operations is also issued by the Central Bank of the Russian Federation.
Definition
First, let's clarify what is included in the concept of "license". A license is a special permit issued by authorized bodies in the form of an official document with a specific content, form and validity period.
If we take the above definition as a basic one and supplement it with excerpts from Chapter 2 of the Banking Law, we get the definition of a license to carry out
A banking license is a special permission from the Bank of the Russian Federation to carry out banking activities in the form of an official document giving the right to a financial organization to carry out the banking operations specified in it without time limits.
Types of licenses
For newly minted banking organizations The following types of licenses are available:
- a license to carry out banking operations with funds in rubles (without the right to attract funds from individuals in deposits);
- for the execution of operations with funds in ruble equivalent and foreign currency (without the ability to attract funds from individuals into deposits);
- to attract cash deposits and placement of precious metals (this license is separate from the license for the execution of transactions with money);
- to attract funds from individuals in deposits (in national currency);
- to attract funds from individuals in deposits in national and foreign currencies;
- for the execution of transactions with funds in ruble equivalent or with funds in foreign and national currencies for settlement non-banking financial institutions;
- for the execution of operations with funds in ruble equivalent or with funds in national and foreign currencies for settlement non-banking financial institutions that conduct deposit and credit operations.
A banking license is issued for:
- involvement in deposits and placement of precious metals;
- involvement in deposits of individuals in the national currency;
- involvement in deposits of individuals' funds in national and foreign currencies.
A separate type of license is considered a general one.
General license
Such a banking license is issued to those financial institutions that have received permission to perform all transactions and fulfill the requirements for the amount own funds.
At the same time, a license for the placement of precious metals is not required to obtain a general license. An organization that has such a license and funds in the amount of 180 million rubles or more can create branches and representative offices in foreign countries with the permission of the Central Bank of the Russian Federation. Also, such banks may, in accordance with the requirements of the Central Bank of the Russian Federation, create subsidiaries.
A general license for banking operations is issued for a period of unlimited years.
Issuance conditions
The document can be issued only after state registration and in the manner prescribed by law and those regulations adopted by the Central Bank. The license for banking operations contains an indication of what currency the bank will work with, whether cash in deposits, as well as the possibility of placing precious metals.
In order for the issue of issuing a license to be considered, a commission of 1% of the authorized amount is charged. This money goes to the treasury of the federal budget.
The issued license must be included in the list of issued licenses. The Bank of the Russian Federation must publish such a list in the Bulletin of the Central Bank of the Russian Federation at least once a year. In this case, all appearing changes and additions must be made to the register no later than one month from the date of their adoption.
The license must contain information about the banking operations for which the given financial institution is entitled, as well as information about the currency with which the bank is entitled to work. A banking license is issued for an indefinite number of years. In other words, it is indefinite.
Work without a license
Based on the fact that licenses for the implementation of bank guarantees are issued by the Central Bank of Russia, doing business without this document will entail fines and penalties in the amount of all profits that the organization has received during its work. In addition, a legal entity operating without a license will be required to pay a fine in federal budget double the amount received in the course of work.
Collections and fines are made through the court at the request of the prosecutor or the Central Bank.
The Central Bank has the right to draw up a claim for the liquidation of a legal entity operating without a license and carrying out financial transactions. Such organizations bear administrative, civil, legal, as well as criminal liability. At the same time, the term for which a license for banking operations is issued is reduced until the moment the license is revoked.
Obtaining a license
To obtain a license, a financial institution must collect and submit the following documents:
- Application for state registration. This application must contain the full details of the financial institution, as well as the executive body, through which you can communicate with the bank.
- This document provided if required by federal law. You must provide either the original or a certified copy.
- Articles of association. Original or certified copy provided.
- Business plan. The concept of work is developed and approved at the meeting of the founders. The document contains information on candidates for the positions of the head and chief accountant, as well as on the approval of the charter. Drawing up a business plan is focused on the standards of the Central Bank of the Russian Federation.
- Confirming document confirming the payment of the state duty, as well as the license fee.
- Documents on state registration of founders. This includes: an auditor's report on the veracity of the information provided financial reporting, the confirmation tax office on the fulfillment of obligations to the federal and local budget for 3 years.
- Supporting documents on the origin of statutory funds.
- Questionnaires of candidates for the position of head, chief accountant, deputies and similar positions in the branches of the organization. These questionnaires must contain all the necessary information: full details, education status (legal or economic), management experience in a similar field, criminal record. Questionnaires must be written by hand.
The Bank of the Russian Federation upon receipt of all documents issues a written receipt.
Decision making by the Bank of the Russian Federation
The decision on state registration and issuance of a license is made within six months after the date of submission of all necessary documents.
After the bank makes a decision on the state registration of a financial organization, it sends all information about it to the authorized body, which will enter the information into a single list of legal entities.
Based on the decision and the submitted documents, within five days, the organization enters the unified state register of legal entities. The next day, this information must be provided by the Central Bank of the Russian Federation. And he, in turn, reports this information to the founders of the organization within 3 days.
Further, the founders are obliged to pay 100% of the declared authorized capital within a month. After that, the financial institution receives a document confirming the fact of state registration. Immediately after the state registration of the organization, a license for banking operations is issued. For what period is it issued? The Central Bank of the Russian Federation does not limit the terms of the license.
Obligations of the Bank of the Russian Federation upon recall
The Bank of the Russian Federation revokes the license if:
- the value of the authorized capital is reduced to 2%;
- the amount of own funds of a financial organization is below the minimum threshold of the authorized capital, accepted by the bank RF on the date of state registration of the organization;
- the financial organization ignores the requirement of the Central Bank to bring the amount of capital and own funds back to normal;
- the financial organization cannot satisfy the requirements of creditors and fulfill its obligations on mandatory payments.
Grounds for withdrawal
A banking license may be revoked if:
- There were grounds to assume that the submitted information, on the basis of which the document was issued, was invalid.
- The start of operations has been delayed by more than one day.
- Facts of inaccurate data have been established.
- Monthly reporting is delayed by more than 15 days.
- The financial institution carries out activities not covered by the license.
- During the year, a financial institution violates the rules prescribed by federal law and regulations of the Central Bank.
- There have been repeated failures to comply with the perpetrators established by the court claims for the recovery of funds.
- There is a petition from the interim administration, created on the basis of the Federal Law "On the insolvency of financial organizations."
- The Central Bank has repeatedly failed to provide updated information that is necessary for inclusion in the state register.
Other grounds on which the license was revoked are considered invalid. The decision of the Bank of the Russian Federation to withdraw comes into force after the adoption of the act and can be appealed within a month from the date of its publication in the Bulletin.
What happens to the bank after the recall
The license for banking operations is issued by the Central Bank of the Russian Federation, and it is also revoked by it. After the recall, the financial institution must be liquidated. Also at the financial institution after the recall:
- the deadline for the fulfillment of obligations;
- the accrual of penalties on obligations is terminated;
- the work of documents on property surveys is suspended (except executive documents issued on the basis of the collection of wage arrears, payment of remuneration, alimony and other payments), issued on the basis of court hearings and entered into force until the license was revoked;
- the activity of a financial organization in the form of concluding transactions or fulfilling obligations (except for transactions regarding utility and maintenance payments, as well as payment of benefits) is prohibited until the appointment of a liquidation commission or a bankruptcy trustee.
License return
A financial institution whose license has been revoked by the Central Bank of the Russian Federation may regain the status of an organization that carries out banking operations. To do this, the revocation of the license is challenged in court. And if the court session makes a positive decision, the Central Bank of the Russian Federation will return the license to the organization. And it is worth noting that in judicial practice such issues are resolved quite often, and in favor of banks.
In addition, the Central Bank may return the license on its own initiative. This happens after the financial institution corrects all the violations that were found during the inspections.
License term
A license to carry out banking operations is issued for an unlimited period of time. A financial institution may carry out all types of activities specified in the license until such time as it is revoked by the Central Bank of the Russian Federation or itself ceases to operate.
Only one date can be found in the license form - the date of issue of its financial institution. Every year, the Central Bank conducts inspections that are aimed at the execution of the types of activities prescribed in the license.
