Banking law. Terminological dictionary (lecture notes)

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Banking law. Terminological dictionary (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents (expand)

Concept and system of banking law (The concept of banking law. The essence of banking law. The system of banking law. Features of the norms of banking law. Banking law in the system of Russian law)
Sources of banking law (Powers and functions of management bodies. Regulatory acts of the Bank of Russia)
Banking system of the Russian Federation (Goals of banking activities. Contents of banking activities. Subjects of banking activities)
Concept and content of banking offenses (The concept and composition of banking legal relations. Objects of banking legal relations. Subjects of banking legal relations. Subjective rights and obligations)
Subjects of banking law in the Russian Federation (General provisions on subjects of banking law. Credit organization as a legal entity. Guarantees for the protection of depositors and other bank clients)
Legal status of a credit organization (The concept and characteristics of a credit organization. Legal capacity of a credit organization. Authorized capital and other funds of a credit organization. Legal status of the founders (participants) of a credit organization. Payment of contributions to the authorized capital of credit organizations in foreign currency. Payment of the authorized capital of credit organizations with federal loan bonds with a constant coupon income and cash. The procedure for creating and licensing a credit organization. Revocation of a license from a credit organization)
Legal status of the Bank of Russia (Origin of central (issuing banks) and their essence. Independence of the Central Bank of the Russian Federation. Special status of the Bank of Russia. Functions of the Bank of Russia. Management of the Bank of Russia. Property and financial independence of the Bank of Russia. Legal capacity of the Bank of Russia)
Banking supervision (The concept and essence of banking supervision. Objects of banking supervision. Credit organizations and their activities as an object of banking supervision. Tasks and functions of banking supervision. Divisions of banking supervision. Inspection of credit organizations. Procedure for inspecting credit organizations. Inspection report of a credit organization. Conducting banking operations by the Bank of Russia . Procedure for carrying out other banking operations. Settlements by payment orders. Execution of payment orders. Settlements under a letter of credit. Settlements for collection. Settlements by checks. Credit, investment and financial consulting)
Legal regulation of banking operations
Terminological dictionary

Abbreviations

KB - commercial bank, commercial banks

Central Bank (BR, CBR) - Central Bank (Bank of Russia)

c. b., c / b - securities, security y. l. - legal entity, legal entities f. l. - individual, individuals r / s - settlement account t / s - current account c / s - correspondent account e. b. - should be m. b. - maybe (may be)

UK - authorized capital

SK - equity

RCC - cash settlement center

JSC - joint stock company

RZB - securities market

A - asset

P - liability s / n - wages

GK - civil code

FZ - federal law n/a - regulations, regulations

KO - a credit institution, credit institutions since - since Art. - article

LLC - Limited Liability Company

BNA (USSR, RSFSR, RF) - Bulletin of normative acts of ministries and departments (Bulletin of normative acts of federal executive bodies)

Bulletin of the Supreme Court (USSR, RSFSR, RF) - Bulletin of the Supreme Court

Vedomosti (USSR, RSFSR, RF) - Vedomosti of the Supreme Soviet (USSR, RSFSR), Vedomosti of the Congress of People's Deputies and the Supreme Soviet (USSR, RSFSR, RF)

Bulletin of the Supreme Arbitration Court of the Russian Federation - Bulletin of the Supreme Arbitration Court of the Russian Federation

RV - "Russian News"

RG - "Rossiyskaya Gazeta"

SA RF - Collection of acts of the President and Government of the Russian Federation

SZ RF - Collection of Legislation of the Russian Federation

SP (USSR, RSFSR, RF) - Collection of Resolutions of the Council of Ministers (Government)

TERMINOLOGICAL DICTIONARY

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.

A bank guarantee is an ancock operation by virtue of which a bank, other credit institution or insurance organization (guarantor) gives, at the request of another person (principal), a written obligation to pay the principal's creditor (beneficiary) in accordance with the terms of the obligation given by the guarantor, an amount of money upon presentation by the beneficiary of a written demand about its payment.

A banking group is an association of credit institutions that is not a legal entity, in which one (parent) credit institution exercises, directly or indirectly (through a third party), a significant influence on decisions made by the management bodies of another (other) credit institution (credit institutions).

The banking system of the Russian Federation includes the Bank of Russia, credit institutions, as well as branches and representative offices of foreign banks.

Banking secrecy - information about transactions, accounts and deposits of customers and correspondents of a credit institution or the Bank of Russia.

Banking operations - these are operations to attract funds from individuals and legal entities in deposits (on demand and for a certain period); placement of the attracted funds specified in clause 1 of part one of this article on its own behalf and at its own expense; opening and maintaining bank accounts of individuals and legal entities; making settlements on behalf of individuals and legal entities, including correspondent banks, on their bank accounts; collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities; purchase and sale of foreign currency in cash and non-cash forms; attraction to deposits and placement of precious metals; issuance of bank guarantees; implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders).

A bank holding company is recognized as an association of legal entities with the participation of a credit institution (credit institutions) that is not a legal entity, 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) exercise a significant influence on decisions taken by the management bodies of the credit institution (credit institutions).

The bank's depositors are citizens of the Russian Federation, foreign citizens and stateless persons.

Bank deposit (deposit) agreement - an agreement under which one party (bank), which has accepted the amount of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner stipulated by the agreement.

Bank account agreement - an agreement by virtue of which the bank undertakes to accept and credit funds received to the account opened by the client (account holder), fulfill the client's instructions to transfer and issue the appropriate amounts from the account and conduct other operations on the account.

Foreign bank - a bank recognized as such under the laws of a foreign state in whose territory it is registered.

A credit organization is a legal entity that, in order to derive profit as the main goal of its activities, on the basis of a special permit (license) of the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business entity.

Non-bank credit institution - 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 non-bank credit institutions are established by the Bank of Russia.

Insolvency (bankruptcy) of a credit organization is its inability to satisfy the claims of creditors for monetary obligations and (or) to fulfill the obligation to make mandatory payments, recognized by an arbitration court.

The governing body of a credit institution is the general meeting of its founders (participants), the board of directors (supervisory board), the sole executive body and the collective executive body.

A 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.

Interest rates - rates on credits, contributions (deposits) and commission fees on operations, established by a credit institution by agreement with customers, unless otherwise provided by federal law.

Branch of a credit institution - its separate subdivision located outside the location of the credit institution and carrying out on its behalf all or part of the banking operations provided for by the license of the Bank of Russia issued to the credit institution.

Author: Shevchuk D.A.

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