Table of contents (expand)
- The concept and subject of banking law
- Method and system of banking law
- The science of banking law and banking law as an academic discipline
- Banking law norm, norm structure
- Types of banking law norms, their implementation
- Sources of banking law
- Acts of the Bank of Russia
- The effect of acts of banking legislation in time, space and circle of persons
- Banking system of the Russian Federation
- Banking. Banking operations and transactions
- Characteristics of banking legal relations
- Object, content and subjects of banking legal relations
- Legal status of the Bank of Russia
- Governing bodies of the Bank of Russia
- National Banking Council
- Principles of organization and structure of the Bank of Russia. General characteristics of his competence
- Competence of the Bank of Russia in the field of monetary policy
- Competence of the Bank of Russia in the field of cash and non-cash money circulation
- The Bank of Russia as a body of banking regulation and banking supervision, its powers
- Interaction of the Bank of Russia with authorities, its international and foreign economic activity
- Reporting and audit of the Bank of Russia
- Interaction of the Bank of Russia with credit institutions. Bank checks
- Liability of credit institutions
- Credit organizations
- Unions and associations of credit organizations. Banking group and banking holding
- Establishment of a credit organization, preliminary stage
- Signing the memorandum of association and registration of a credit organization
- Constituent documents and authorized capital
- Confirmation of payment of the authorized capital
- Licensing. Refusal to issue a license and state registration of credit institutions
- Peculiarities of establishing a credit organization with foreign investments or a branch of a foreign bank
- Business plan of a credit organization
- Procedure for opening a subdivision and representative office of a credit institution in the Russian Federation
- The procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation
- Features of registration of changes in the name and location (postal address) of a credit institution
- Duties and responsibilities of a credit institution as a participant in tax legal relations
- Liability of Credit Institutions for Certain Types of Offenses
- banking secrecy. Accounting, reporting, audit, antitrust activities of credit institutions
- Bank deposit (deposit)
- Bank account
- Characteristics of types of bank accounts
- Direct and indisputable debiting of funds from bank accounts
- Credit agreement. The procedure for providing funds under a loan agreement
- Loans from the Bank of Russia to credit institutions secured by the pledge of securities. Settlement and cash operations
- Collection of funds and other valuables in credit institutions. Settlement legal relations
- Payment order and letter of credit
- Collection and check
- Interregional electronic payments in the Russian Federation
- Trust property management
- Interbank transactions. Bank deposit insurance
- Currency regulation. Currency and currency values
- Residents and non-residents, their rights and obligations
- Currency transactions between residents and non-residents
- Internal currency market of the Russian Federation. Resident and non-resident accounts
- Currency control
- Taxation of credit institutions
- Taxation of credit organizations on profits of organizations
- Taxation of credit organizations with a unified social tax
- Taxation of credit institutions with corporate property tax
- Taxation of credit organizations with VAT
10. Banking. Banking operations and transactions
Banking activity is the subject of banking law.
Features of banking activities:
1) this is an entrepreneurial, commercial activity, that is, aimed at making a profit;
2) it can be carried out only by special entities: credit institutions and only on the basis of the permission of the Central Bank of the Russian Federation (license) and the Central Bank of the Russian Federation itself;
3) the main content of such activities is the systematic execution of banking operations and banking transactions.
Banking - this is the activity of credit institutions and the Central Bank of the Russian Federation aimed at extracting profit in the systematic execution of banking operations and banking transactions.
Allocate three types of dealscommitted by credit institutions:
1) banking transactions;
2) banking operations;
3) other transactions of credit institutions.
Bank operations These are transactions that only credit institutions can make. The performance of banking operations by persons who do not have a license to carry out banking activities is prosecuted by law and punishable by the application of legal liability measures up to criminal.
Bank transactions - these are transactions that, in addition to banks and non-banking organizations, other organizations and individual entrepreneurs can also make. In cases where such transactions are made by credit institutions, the transactions themselves are considered banking and constitute banking activities. All banking operations and other transactions are carried out in rubles, and if there is an appropriate license from the Central Bank of the Russian Federation - in foreign currency.
Banking transactions include:
1) attraction of funds of individuals and legal entities in deposits (on demand and for a certain period);
2) placement of such borrowed funds on its own behalf and at its own expense;
3) opening and maintaining bank accounts of individuals and legal entities;
4) making settlements on behalf of individuals and legal entities, including correspondent banks, on their bank accounts;
5) collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attraction to deposits and placement of precious metals;
8) issuance of bank guarantees;
9) implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders).
In addition to the banking operations listed above, a credit institution is entitled to carry out the following deals:
1) issuance of guarantees for third parties providing for the fulfillment of obligations in cash;
2) acquisition of the right to demand from third parties the fulfillment of obligations in cash;
3) trust management of funds and other property under agreements with individuals and legal entities;
4) carrying out operations with precious metals and precious stones in accordance with the legislation of the Russian Federation;
5) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;
6) leasing operations;
7) provision of consulting and information services.
With the exception of banking operations and banking transactions, a credit institution is entitled to carry out other transactions in accordance with the legislation of the Russian Federation. Their commission does not constitute banking activity and is of an auxiliary nature for its implementation. Such other transactions of credit institutions include, for example: transactions for the acquisition of the necessary special equipment, cars and office equipment, lease; purchase of premises necessary for banking activities, etc.
Author: Belousov D.S.
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