Types of banking licenses. A banking license is issued for what period? The need for licensing banking activities

Any banking establishment in the territory Russian Federation cannot start its activity without obtaining special registration from the state. How are licensing procedures implemented and state registration financial authorities? The answer to this question contains No. 395-1-FZ "On banking", some provisions of which will be discussed in detail in the article.

What is the law about?

A credit organization is usually a person of a legal type whose main goal is to make a profit. Earning finance occurs by issuing loans to users with whom a special agreement has been concluded. The bank is also a lending institution. On the terms and principles of payment, repayment, openness and urgency, banking enterprises can form and maintain accounts of persons of physical and legal type.

According to the normative act under consideration, licensing of banking activities in Russia is a mandatory procedure. At the same time, the licenses themselves can be of several types: for example, basic and universal. So, if in the first case we are talking about some restrictions (inadmissibility of opening correspondent accounts, inability to sell leasing operations etc.), then in the case of universal type licenses, banks have much more opportunities and powers.

Credit organizations may also have a non-banking character. In this case, licensing of banking activities will be optional, however, a number of powers of such organizations will be significantly limited.

About the banking system of the Russian Federation

Articles 2-4 of the Federal Law "On Banking" provide comprehensive information on banking Russian system. According to the law, the general structure includes the Bank of Russia, various credit institutions, as well as branches of foreign banking enterprises. If we talk about the legal regulation of the system, then the main normative act here will be, of course, the Russian Constitution, and only then individual federal laws.

According to article 3, credit institutions are able to unite in special associations and unions. The creation of such groups is necessary in order to protect their members. Both unions and associations must also be subject to state registration.

About banking operations

What, according to Article 5 of the Federal Law under consideration, refers to a number of operations carried out by banking enterprises? Here's what to name here:

What operations cannot be carried out by credit organizations? It is worth highlighting here trust management finance, the issuance of guarantees for unauthorized persons, the implementation of various kinds of operations with precious metals, leasing operations, etc.

About state registration

Article 12 No. 395-1-FZ refers to the state registration of organizations credit type. Who carries out licensing of banking activities and registration? According to the law, register financial enterprises Central bank RF in accordance with the normative act in question. One or the other credit institution a license is issued, after which the registered enterprise is entered in a special register legal entities.
It is also worth noting that there is a fee for the registration process. Its size changes annually and depends on the region. Once the registration process is completed, the banking organization will be able to carry out all its legitimate operations.

The Central Bank of the Russian Federation is obliged to carry out a number of control and supervisory functions in relation to registered financial institutions. If there have been significant changes in the credit institution, it is necessary to report this to the Central Bank of the Russian Federation in a timely manner.

About licensing of banking activity

The procedure for acquiring licenses by financial organizations is stated in Article 13 of the normative act in question. The issuance of licenses is still carried out by the Central Bank of the Russian Federation. The issuance procedure is established by law, in particular, in the Federal Law "On the National Payment System".

Forms and types of licenses are regulated by the Russian Central Bank. There is also a special register in which all licensed banking enterprises are registered. Such a register shall be published annually.

What should be indicated in the license issued to Russian banking enterprises? Here it is worth noting the banking operations that the owner of the document can implement, as well as the currency allowed for the implementation of the functions. The license is not limited by any terms. In case of violations, it can be withdrawn.

Documentation required for registration

Article 14 No. 395-1-FZ deals with the documentation required for registering banks and licensing banking activities. Here's what's worth noting here:

To obtain a banking license, the Central Bank of the Russian Federation may also request certain other types of documentation.

On the procedure for state registration and licensing

Article 15 of the law under consideration describes in a little more detail the procedure for obtaining state registration by a bank. As soon as all the documents listed above are submitted to the Central Bank of the Russian Federation, the candidate for obtaining a license will receive a written certificate of acceptance of the submitted documents. A little later, another notification will come - already about the consideration of the existing documentation.

The Bank of Russia will make an appropriate decision within six months from the date of receipt of the application. Based on the review of all available documentation, the Central Bank of the Russian Federation will either accept or reject the candidate's proposal for obtaining a license.

In what cases can the Central Bank legally refuse to register and obtain a license? The answer to this question is provided in Article 16 of the Federal Law under consideration. Here's what to look out for:

Non-compliance of nominated candidates for the position of the head of a banking organization, as well as any other employees, with qualification requirements or business reputation. The requirements are understood as the absence of a criminal record, as well as special work experience, special education, and so on.
Unsatisfactory financial position of the organization.
Non-compliance of documents submitted to the Central Bank with the requirements established by law.

Article 16 of the Federal Law No. 395-1 also lists some other phenomena that would not allow financial organization pass the licensing of banking activities.

Types of banking licenses

Licenses issued by the Russian Central Bank may take different forms. A classic document is a license that is issued to a banking enterprise being established. It is characterized by the ability to carry out bank ruble operations, attract deposits, place precious metals and perform other basic functions.
There are also licenses to expand the banking organization. Upon receipt of it, the enterprise will be able to carry out transactions with foreign currencies and foreign banks attract precious metals, etc. Last group licenses is called general. It enables all types of banking operations: open branches abroad, purchase shares, etc. Such a license can be obtained only two years after registration.

The article explains in detail the essence of a banking license, describes its types, and the procedure for obtaining it.How useful is this information to borrowers and savers? How to check if the activity of a financial institution is licensed, or if the bank has been declared bankrupt? You will receive answers to these and other questions from the article.

A license is an official government permit that allows a banking organization to:

issue loans;
take funds from the population for placement on deposit;
carry out foreign exchange transactions, etc.

A license is required for any bank to legally financial activities. Otherwise, he does not have the right to conduct monetary transactions. The document must also indicate the currency with which the credit institution can work. The bank receives a license after state registration.

If an organization conducts banking activities without state permission, for this the following responsibility is provided:

1. For legal entities:

recovery in full of funds that were received in the course of operations;
fine in federal budget. Its magnitude is double size the amount that the institution received during the illegal work;
liquidation, but this requires the appeal of the Central Bank with a corresponding lawsuit to the court.

2. For individuals - criminal or civil liability.

In Russia, the Central Bank is responsible for issuing licenses. He publishes information on them in the Bulletin of the Bank of Russia. It also reflects any changes related to the receipt and withdrawal of permits. This information is also available on the official resource of the Bank of Russia.

The validity of the license is perpetual, not limited by time frames. Having permission to carry out financial transactions, the organization may receive additional empowerment. Which transactions the bank is entitled to and which are not, is indicated in the license document. There are several types of them.

Types of bank licenses

Those that are issued to newly created organizations:

For financial transactions in rubles. At the same time, deposits from individuals cannot be accepted.
To attract money from the public in order to keep them on a ruble deposit. An institution can issue such a license simultaneously with the previous one.
For transactions in rubles and foreign currency. The bank cannot take funds for placement on deposit under this license.
For reception and storage Russian rubles and foreign currency. It is available to the bank to receive this document in parallel with the previous one.
For deposits and storage of precious metals. Such a permit is allowed for a credit institution to issue along with a license for operations in rubles and foreign currency.

Also, some of the listed types of licenses can be obtained by an already functioning bank in order to expand its activities. These are the permissions for:

storage of precious metals;
operations in rubles and foreign currency (at the same time, the bank can cooperate with any number of foreign correspondent banks);
placement of household deposits in rubles;
attracting deposits in rubles and foreign currency (the bank must already have permission for foreign exchange transactions for this).

To obtain all licenses that allow attracting investors, the following prerequisites are mandatory:

The institution meets the conditions for participation in the deposit insurance system.
At least 2 years have passed since the state registration of the bank. If this period is less, then the organization must:

have a capital of at least 100 million euros, but only in ruble terms;
provide the Central Bank with information on persons who directly influence the adoption of key decisions in the institution.

In addition, a bank that plans to obtain any additional licenses must comply with such general requirements:

Do not be a debtor to the budgets of any levels (local, federal, etc.).
Do not have delays before the Central Bank.
To be a financially stable organization in accordance with the criteria of the Bank of Russia.
Comply with all the requirements of the Central Bank: both qualifying and technical (for example, relating to banking equipment).

These conditions must be met by the bank for at least six months before applying for an extended license.

Another type of document issued by well-established banks is a general license.

What are the features of the general bank license

This document does not expand the list cash transactions which the bank is entitled to make. It creates additional possibilities. An institution holding a general license has the right to:

Create branches abroad.
Buy shares/stakes in the authorized capital of banks in other countries.

It is permissible to obtain this permission for a credit institution that:

Registered for at least 2 years.
It owns licenses that give it the right to perform all operations with rubles and foreign currency. At the same time, the bank may not have permission to conduct transactions with precious metals.
Fulfills the requirements of the Central Bank regarding the amount of capital. As of the 1st day of the month in which the bank wishes to obtain a license, the amount own funds should be at least 900 million rubles.
Complies with the conditions that the Central Bank of the Russian Federation puts forward for banks to obtain additional permits (listed earlier).

An institution can operate without a general license. However, its presence indicates that the bank is developing. Many large and medium-sized banks have this document (Promsvyazbank, Rosselkhozbank, Sberbank of Russia, UniCreditBank, etc.).

How to get a bank license

To become a license holder, a newly created credit institution submits the following documents to the Bank of Russia:

an application containing an application for state registration and issuance of a license;
originals or notarized copies of the memorandum of association and articles of association;
minutes of the meeting with the participation of the founders and a list of these persons;
organization business plan. The procedure for compiling and the criteria by which it should be evaluated are established by the Central Bank of the Russian Federation;
questionnaires of candidates applying to become the head of the organization, chief accountant and deputies;
documents that testify to the payment of the fee for state registration and license;
copies of documents evidencing the state registration of the founders of the credit institution;
conclusions from auditors that confirm the reliability of the financial reports of the founding legal entities;
documentary confirmation of the sources of funds contributed by the individuals who created the organization,
notarized copies of documents confirming the ownership (or lease) of the founders of the building of the future bank;
papers for issuing an opinion on whether the institution meets the conditions for conducting cash transactions;
copy of the document from antimonopoly service on consent to the creation of a credit institution (if provided for by federal law).

If a credit institution is created as a JSC (joint stock company), it should provide the Central Bank with the documents that will be needed to formalize the debut issue of shares.

In order to expand their powers and become holders of additional licenses (including the general one), banks submit the following documents to the Central Bank of the Russian Federation:

relevant request;
business plan or additions to it;
a receipt or "payment" confirming the payment of the license fee;
published report for the year, certified by auditors, and an opinion from them for the past 12 months.

The bank applying for general license should be ready for a comprehensive review. According to the schedule, it is held every two years. If less than 3 months have passed since the last audit before the application was submitted, there will be no re-audit.

Also, the organization itself has the right to apply to the Bank of Russia (to the territorial division) with a request for a comprehensive audit.

The procedure for issuing a license to a bank

If the license is primary, then the procedure consists of the following stages:

The founders of the organization submit to the Central Bank Required documents. In return, they receive a written confirmation of acceptance of the papers.

For the fact that the Bank of Russia will consider the issue of issuing a license, the financial institution pays a fee. Its value cannot be more than 1%. authorized capital organizations. The funds replenish the federal budget.

2. Within a period not exceeding 6 months, the Central Bank either issues a license to a bank or refuses it.

3. If the decision is positive, the credit institution is first entered into the Unified State Register of Legal Entities. This is done by the relevant registering authority within 5 days after receiving the documents from the Bank of Russia.

4. The Central Bank of the Russian Federation, within 3 days after registration, notifies the founders that their organization has been entered in the register. The Central Bank also informs them about the requirement to pay within a month 100% of the authorized capital (the sum of contributions of all founders). The bank receives a document confirming the registration.

5. The organization contributes the amount of the authorized capital and submits the relevant documents to the Central Bank. After that, within 3 days, she receives a license.

Steps for issuing an additional license:

The bank submits documents (according to the list) to the territorial branch of the Central Bank of the Russian Federation.
There, within 2 months, they prepare a written opinion on whether to satisfy the request of the credit institution. It contains information about the audit, evaluation of the business plan, etc.
The local branch of the Bank of Russia transfers the documents of the organization and the conclusion to the head office of the Central Bank. He decides the fate of additional licenses.
The Central Bank of the Russian Federation, within 5 days, transfers information about the bank's licenses to the appropriate registration authority.
The territorial branch makes an entry on the issuance of a license to the bank in the register. The credit institution receives its copy of the authorization document.

How to check if a bank has a license

To help citizens - the website of the Central Bank of the Russian Federation. In the "Reference book of credit organizations" section, any user will find the following information about the institution (it is necessary to enter the license number of the bank or its name for this):

date of registration;
address and telephone;
the size of the authorized capital;
list of licenses;
a mark on participation in the deposit insurance system;
information about branches;
financial reporting, etc.

Obtaining a license number is available on the website of the organization or you can find it at the branch. A copy of the authorization document in the institution will be issued at the request of the client.

This information is also freely available on the website of the Central Bank. Go to the section "Information on credit institutions", then - "Liquidation of credit institutions". Number of banks deprived of licenses in 2015 – 51 (as of 08/19/2015).

The main reasons for banking operations:

unsatisfactory financial activity;
non-compliance normative documents and federal laws;
low capital adequacy (less than 2%), etc.

The Central Bank of the Russian Federation also has the right to revoke a license from an organization that does not provide reporting documentation on time or provides inaccurate information.

From the source of the Central Bank of the Russian Federation - the Bulletin of the Bank of Russia. Information is published approximately one week after the license is revoked.
From the media. Most often, news portals and newspapers find out this information on the same day that it is published by the Bulletin of the Bank of Russia.
By visiting the website of the Central Bank, section "Reference book on credit institutions".

4. On the official Internet resource of the bank itself.

According to the legislative act No. 395-1 dated December 2, 1990 “On banks and banking activities”, banking operations are possible only if there is a license from the Central Bank of the Russian Federation: this may be a general license or other type of permit corresponding to the activities of a credit institution (hereinafter KO ).

Companies conducting banking transactions are required to have permission from the Central Bank, it indicates:

types of financial transactions that the CI can carry out;
the currency with which the institution can work;
type of counterparties: legal or natural persons.

The organization receives permission at the end of the audit, which lasts from 1 to 3 years, so licensing of banking operations increases the reliability indicator and inspires confidence on the part of counterparties.

A newly formed KO can expect to receive 3 types of licenses. After several years of successful and stable activity, you can become the owner of a general license, significantly expanding the range of opportunities.

Types of licenses for banking operations

According to Federal Law No. 86 dated July 10, 2002, the Central Bank licenses:

transactions in national monetary units without the possibility of cooperation with individuals;
banking operations in rubles and foreign currency, provided that only legal entities are involved;
acceptance of deposits from legal entities in the form of precious metals;
reception capital investments from individuals in rubles;
reception Money in the form of a contribution from individuals in national or other currency;
organization and conduct of collection;
implementation of bank settlements;
general license.

The newly formed institution is issued the first three types of permits, and the newly formed non-bank organization(hereinafter referred to as NGOs) will issue a permit:

to conduct transactions in foreign currency and national monetary units for settlement NBCOs;
cash collection for NCOs.

All issued permits are registered in the Register, information about them is published in the Bulletin of the Central Bank and on the website. Conducting financial activities without the knowledge of the Central Bank of the Russian Federation is punishable by law and threatens with penalties and criminal liability.

General license of the Bank of Russia

A universal license is issued to institutions that have the remaining 7 permits. The holder of such a document has the right not only to carry out all types of financial transactions permitted by law with legal entities and individuals, but also:

establish branches or subsidiaries abroad;
have funds from the state budget as part of the deposit;
invest in ruble deposits funds related to pension savings and capital on housing military;
participate in government orders for the right to place government bonds.

An example of a license of the Central Bank of the Russian Federation

The licensee also has the right to purchase shares foreign bank or a share in its authorized capital. In order to obtain a universal permit document, it is necessary to undergo a comprehensive audit of all the activities of the CI, comply with capital adequacy, liquidity and other standards.

The procedure for issuing a license of the Central Bank of the Russian Federation and its validity period

To obtain permission to carry out banking operations, the following conditions are put forward for the KO:

and data about it are entered in the relevant register;
the authorized capital must be paid in 100%;
the presence of a correspondent account in a Russian banking institution.

If all requirements are met, the applicant may prepare for submission:

application for a license in accordance with general rules;
- originals or notarized copies;
institutions;
minutes of the meeting of founders;
receipt of payment of state duty;
papers confirming the state registration of the founders;
confirmation of the legality of the sources of funds contributed to the statutory fund by the founders-physicists;
opinion of independent auditors on financial condition legal entities acting as founders;
questionnaires and for vacancies of the director of the KO, chief accountant and deputies, with a certificate of no criminal record attached;
a certificate from the antimonopoly committee on the satisfaction of the application for opening a credit institution;
list of co-founders;
if the institution is formed as joint-stock company, then it is necessary to attach documentation for the registration of the first issue of shares.

The Central Bank of Russia independently requests information about the founders from the registration authorities and from the Federal Tax Service a certificate of no debt for the last three years to the local and federal budgets.

If all the requirements and the reliability of the submitted papers are met, the organizations issue a license after 3 days. The licensee has the legal right to carry out only those transactions that are specified in the permit. The document is issued for an unlimited period, but the Central Bank can withdraw it.

Revocation of a banking license and how to return it

The Bank of Russia has the right to revoke a license:

upon liquidation of the CI as a result of bankruptcy or by decision of the founders;
in case of detection of systematic violations during the financial audit;
discrepancy between sufficiency and liquidity standards;
merger or acquisition of a CO by another organization;
detection of the fact of unreliability in previously submitted reports and certificates;
refusal to provide financial statements within the stipulated time.

After the permission is revoked, all information about the canceled document is published on the official website of the Central Bank and in the print media.

How to get a banking license again and is it possible? If the founders do not agree with the reasons on the basis of which the license was withdrawn, they can apply to the judicial authorities and challenge the actions of the Central Bank there. If the court takes the side of the KO, the license will be restored.

It is also possible to return the permit at the initiative of the Central Bank, this happens in the case of minor, minor violations financial discipline. To do this, the management of the institution needs to eliminate all the shortcomings and report this to the commission.

Conclusion

The procedure for licensing banking activities is a complex and rather lengthy process. Today at banking it is easier to buy a credit institution than to register a new one and get a license from the Central Bank of the Russian Federation.

It should be noted that the presence of official permission to conduct banking transactions indicates the stability, reliability and development of a financial institution.

Credit organizations are subject to state registration in accordance with the federal law "On State Registration of Legal Entities", taking into account the special procedure for state registration of credit institutions established by the federal law "On Banks and Banking Activity".

The decision on state registration is made by the Bank of Russia. Introduction to the Unified State Register legal entities, 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 the manner agreed by the Bank of Russia with the authorized registering body.

Bank of Russia for the purpose of exercising their control and supervisory functions maintains the Book of State Registration of Credit Institutions in the manner prescribed by federal laws and adopted in accordance with them regulations Bank of Russia.

For the state registration of credit organizations is charged 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 about changes in the information specified in paragraph 1 of Art. 5 federal law"On State Registration of Legal Entities", with the exception of information on licenses received, 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.

Central bank license

License of the Bank of Russia — special permission the Central Bank of the Russian Federation (Bank of Russia), on the basis of which the credit institution has the right to carry out banking operations. 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.

The following types of licenses may be issued to a newly established credit institution:

a license to carry out banking operations with funds in rubles (without the right to attract funds from individuals to deposits);
license to attract deposits and placement of precious metals. The specified license may be issued to a bank simultaneously with a license to conduct banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits);
a license to attract deposits of individuals' funds in rubles. The specified license may be issued to a bank simultaneously with a license to conduct banking operations with funds in rubles (without the right to attract funds from individuals in deposits);
a license to attract deposits of individuals' funds in rubles and foreign currency. The specified license may be issued to a bank simultaneously with a license to conduct banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits);
a license to carry out banking operations with funds in rubles or with funds in rubles and foreign currency for settlement non-banking credit organizations;
a license to carry out banking operations with funds in rubles or with funds in rubles and foreign currency for non-bank credit institutions engaged in deposit and credit operations. Operating bank to expand activities.

Types of licenses

The following types of banking licenses may be issued:

a license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits);
license to attract deposits and placement of precious metals. The specified license may be issued to the bank in the presence of or simultaneously with a license to carry out banking operations with funds in rubles and foreign currency;
a license to attract deposits of funds of individuals in rubles;
a license to attract deposits of individuals' funds in rubles and foreign currency;
general license.

General license may be issued to a bank that has licenses to carry out all banking operations with funds in rubles and foreign currency, as well as fulfills the requirements for the amount of own funds (capital) established by the Federal Law "On Banks and Banking Activity". The presence of a license to carry out banking operations with precious metals is not prerequisite for a general license. A bank that has a general license and own funds (capital) in the amount of at least 180 million rubles may, with the permission of the Bank of Russia, establish branches in a foreign state and, after notifying the Bank of Russia, representative offices. A bank that has a general license and own funds (capital) in the amount of at least 180 million rubles may, with the permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in a foreign state.

License for the implementation issued after its state registration in the manner established by this federal law and the regulations of the Bank of Russia adopted in accordance with it.

A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.

For considering the issue of issuing a license, a license fee is charged in the amount determined by the Bank of Russia, but not more than 1% of the declared authorized capital of the credit institution. This fee goes to the federal budget.

Banking operations are carried out only on the basis of a license issued by the Bank of Russia in the manner prescribed by this federal law.

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.

Banking operations are indicated in the banking license, to which the given credit institution is entitled, as well as the currency in which these banking operations can be carried out.

License for banking operations issued with no expiration date..

Carrying out banking operations without a license 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 amount of twice this amount. 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 file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license.

Citizens who illegally carry out banking operations are liable to statutory civil, administrative or criminal liability.

For 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:

application for state registration credit institution and issuance of a license for banking operations; the application shall also contain information on the address (location) of the permanent executive body of the credit institution, at which communication with the credit institution is carried out;
memorandum of association(original or notarized copy), if its signing is provided for by federal law;
charter(original or notarized copy);
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;
payment documents state duty and license fee;
copies of documents on state registration of founders— legal entities, audit reports on the reliability of their financial reporting, as well as confirmation by the State tax service the Russian Federation, the fulfillment by the founders - legal entities of obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets for the last three years;
documents (according to the list established by the regulations of the Bank of Russia) confirming the sources of origin of funds contributed by the founders - individuals to the authorized capital of a credit institution;
application forms for candidates for the position of head of a credit institution, chief accountant, deputy chief accountant of a credit institution, as well as for the positions of head, deputy heads, chief accountant, deputy chief accountant of a branch of a credit institution. These questionnaires are filled in by these candidates in their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information about:

these persons have a higher legal or economic education (with a copy of a diploma or a document replacing it) and experience in managing a department or other division of a credit institution related to banking operations for at least one year, and in the absence of special education, experience in managing such a division at least two years;
the presence (absence) of a criminal record.

Upon submission of documents, 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.

Decision-making on the state registration of a credit institution and the issuance of a license to carry out banking operations, or on 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.

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 the necessary information and documents provided by them, the authorized registering body, within a period of not more than 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 the corresponding entry is made, informs about it to the Bank of Russia.

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 requirement to pay 100% 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.

Payment of authorized capital

Non-payment or incomplete payment of the authorized capital in set time is the basis for the Bank of Russia to go to 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. Details of the correspondent account are indicated in the notice 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% of the declared authorized capital of a credit institution, the Bank of Russia issues a banking license to the credit institution within three days.

The authorized capital of a credit organization is made up of the amount of contributions of its participants and determines the minimum amount of property that guarantees the interests of its creditors.

The Bank of Russia sets a standard minimum size the authorized capital of a newly registered credit institution, limit dimensions non-monetary contributions to the authorized capital of a credit institution, as well as a list of types of property in non-monetary form contributed to the payment of the authorized capital. The standard for the minimum amount of the charter capital of a credit institution may be established depending on the type of credit institution.

The decision of the Bank of Russia to change the minimum amount of the authorized capital shall enter into force not earlier than 90 days after the date of its official publication. For newly registered credit institutions, the Bank of Russia applies the minimum authorized capital requirement that is in force on the date of submission of documents for registration and obtaining a license.

The Bank of Russia does not have the right to require previously registered credit institutions to change their authorized capital, with the exception of cases established by federal laws.

Raised funds may not be used to form the authorized capital of a credit institution. For the purpose of evaluating the funds contributed to pay for the authorized capital of a credit institution, the Bank of Russia is entitled to establish the procedure and criteria for evaluating financial position its founders (participants).

Funds from the federal budget and state off-budget funds, free cash and other objects of property under the jurisdiction of federal bodies state authorities cannot be used to form the authorized capital of a credit institution, except as otherwise provided by federal laws.

Funds of the budgets of the constituent entities of the Russian Federation, local budgets, free cash and other objects of property under the jurisdiction of state authorities of the constituent entities of the Russian Federation and bodies local government, can be used to form the authorized capital of a credit institution on the basis of legislative act subject of the Russian Federation or a decision of a local self-government body 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 more transactions by one legal entity or individual or by a group of legal entities and (or) individuals linked by an agreement, or by a group of legal entities that are subsidiaries or affiliates under relation to each other, more than 5% of the shares (stakes) of a credit institution require notification of the Bank of Russia, more than 20% - the prior 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 did not report decision 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% of the shares (stakes) of a credit institution and the procedure for notifying the Bank of Russia of the acquisition of more than 5% of the shares (stakes) of a credit institution shall be established by federal laws and Bank of Russia regulations adopted in accordance with them.

The Bank of Russia has the right to refuse to give consent to the acquisition of more than 20% 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, there are court decisions that have entered into force that have established the facts of the commission by the specified person of illegal actions in 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% 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 the duties of 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.

Credit institutions acquire the status of a legal entity from the moment of their state registration. The announcement of the state registration of a credit organization is published in the Bulletin of the Bank of Russia. A banking license for a credit organization is issued after its state registration and without limitation of its validity period. A credit institution can carry out banking operations only from the moment of obtaining a license, otherwise the entire amount received as a result of these operations is collected from the legal entity, and a fine in the amount of twice this amount is collected to the federal budget. Collection is made in a judicial proceeding. The Bank of Russia has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license.

Grounds for Revoking a Banking License from a Credit Institution

The Bank of Russia may revoke a banking license from a credit institution in the following cases:

establishing the unreliability of the information on the basis of which the said license was issued;
delays in the commencement of banking operations provided for by this license for more than one year from the date of its issuance;
fact-finding unreliability of reporting data;
delays of more than 15 days of delivery monthly reporting(reporting documentation);
carrying out, including one-time, banking operations not provided for by the said license;
non-compliance with federal laws governing banking activities, as well as Bank of Russia regulations, if, within one year, the measures provided for by the federal law “On central bank Russian Federation (Bank of Russia)”, as well as in case of repeated violation within one year of the requirements provided for by Art. 6 and 7 (with the exception of clause 3, article 7) of the federal law "On counteracting the legalization (laundering) of proceeds from crime";
repeated within one year guilty non-execution of 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;
the presence of a petition of the provisional administration, if by the time the term of the said administration, established by the federal law "On the Insolvency (Bankruptcy) of Credit Institutions", expires, there are grounds for its appointment, provided for by the said federal law;
repeated failure by a credit institution to provide the Bank of Russia with updated information required to make changes to the Unified State Register of Legal Entities, except for information about obtained licenses, within the prescribed period.

The Bank of Russia is obliged to revoke a banking license in the following cases:

if the credit institution's capital adequacy falls below 2%. 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 in order to this article the methodology is applied in accordance with which the credit institution's capital adequacy reaches its maximum value;
if the amount of own funds (capital) of the credit institution is below the minimum value of the authorized capital, established by the Bank Russia as of the date of state registration of the credit institution;
if the credit institution fails to comply within the time 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;
if the credit institution is unable to satisfy the claims of creditors under monetary obligations and (or) fulfill the obligation to make mandatory payments within one month from the date of their satisfaction and (or) execution. At the same time, these requirements in the aggregate must be at least 1000 times the minimum wage established by federal law.

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 of the relevant act of the Bank of Russia and may be appealed within 30 days from the date of publication of a notice on the revocation of a banking license 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, and if it is declared bankrupt, in accordance with the requirements of the federal law “On the Insolvency (Bankruptcy) of Credit Institutions”.

From the moment of revocation of the banking license from the credit institution:

the due date for fulfilling the obligations of the credit institution is considered to have come. The credit institution's obligations in foreign currency are accounted for in rubles at the exchange rate of the Bank of Russia in effect on the day the said license was revoked from the credit institution;
the accrual of interest, as well as penalties (fines, penalties) and the imposition of other financial (economic) sanctions on the obligations of a credit institution, are terminated;
execution is suspended executive documents issued on the basis of judgments on property recovery (with the exception of the execution of executive documents issued on the basis of court decisions on the recovery of debts for wages, payment of remuneration under copyright agreements, alimony, as well as compensation for harm caused to life and health, and moral damage), which entered into force until the license for banking operations was revoked from the credit institution;
are prohibited until the establishment of the liquidation commission (liquidator) or until the appointment of arbitration court the bankruptcy trustee entering into transactions by the credit institution and fulfilling obligations under the transactions of the credit institution (with the exception of transactions related to the current utility and operating payments of the credit institution, as well as the payment of severance benefits and remuneration of persons working on employment contract(contract), within the cost estimate agreed with the Bank of Russia or authorized representative Bank of Russia, if appointed).