Banking law. Responsibility of credit institutions (most important)

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Banking law. Responsibility of credit institutions (most important)

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23. Liability of credit institutions

In case of violation of banking legislation, the Central Bank of the Russian Federation has the right to apply measures of legal influence to credit institutions in case of violation by the credit institution of federal laws, regulations issued in accordance with them and instructions of the Central Bank of the Russian Federation, in case of failure to provide information, submission of incomplete or inaccurate information.

In these cases, the Central Bank of the Russian Federation has the right to apply one of the following legal measures to such violators:

1) require the credit institution to eliminate the identified violations;

2) collect a fine in the amount of up to 0,1% of the minimum amount of the authorized capital;

3) limit the performance of individual operations by the credit institution for a period of up to six months.

In case of non-fulfillment of the instructions of the Central Bank of the Russian Federation on the elimination of violations within the established period, the Central Bank of the Russian Federation may:

1) collect from the credit institution a fine in the amount of up to 1% of the amount of the paid-up authorized capital, but not more than 1% of the minimum amount of the authorized capital;

2) demand from the credit institution:

a) taking measures for the financial rehabilitation of the credit institution, including changing the structure of its assets;

b) replacement of the heads of the credit institution;

c) reorganization of the credit institution;

2) to change for a period of up to six months the mandatory ratios established for a credit institution; ;

3) appoint a provisional administration to manage the credit institution for a term of up to six months;

4) introduce a ban on the reorganization of a credit institution if, as a result of its implementation, grounds arise for the application of measures to prevent the bankruptcy of the credit institution;

5) to propose to the founders (participants) of the credit organization that, independently or by virtue of an agreement existing between them, or participation in each other's capital, or other means of direct or indirect interaction, have the opportunity to influence decisions; taken by the management bodies of the credit institution, to take actions aimed at increasing the own funds (capital) of the credit institution to an amount that ensures its compliance with mandatory standards;

6) introduce restrictions on the amount of the interest rate, which the credit institution determines in bank deposit agreements concluded (prolonged) during the period of the restriction, in the form of the maximum interest rate, for a period of up to one year.

The statute of limitations for attraction is five years. Penalties provided for violation of banking legislation are collected from credit institutions in a judicial proceeding no later than six months from the date of drawing up an act on the discovery of a violation.

The most serious punishment for a credit institution - revocation by the Bank of Russia of a banking license.

The procedure for recall is established by the regulations of the Central Bank of the Russian Federation. In order to protect the interests of depositors and creditors, the Central Bank of the Russian Federation has the right to appoint an authorized representative of the Central Bank of the Russian Federation to a credit institution whose banking license has been revoked. During the period of activity of an authorized representative of the Central Bank of the Russian Federation, a credit institution is entitled to carry out transactions permitted to it by federal laws only upon agreement with this authorized representative in the manner established by the Law of the Russian Federation "On Banks and Banking Activities". From the moment a liquidation commission (liquidator) is created or an arbitration manager is appointed by an arbitration court, the activity of an authorized representative of the Central Bank of the Russian Federation is terminated.

Author: Belousov D.S.

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