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
24. Credit organizations
Credit organisation - a legal entity that is created to make profit as the main goal of its activities, and has the right to carry out banking operations and transactions on the basis of a special permit (license) of the Central Bank of the Russian Federation.
A credit organization is created on the basis of any form of ownership as a business entity: JSC, ALC, LLC.
A credit organization has a company name in Russian, may have a name in another language of the peoples of the Russian Federation, an abbreviated name and a name in a foreign language. No legal entity in the Russian Federation, with the exception of those that have received a banking license from the Central Bank of the Russian Federation, can use the words "bank", "credit organization" in their name. The use of the words "Russia", "RF", "state", "federal" and "central", derivative words and phrases from them is allowed in the name of a credit institution in the manner established by law. The credit institution has a seal with its trade name.
A credit institution is obliged to publish reports in the forms and within the time limits established by the Central Bank of the Russian Federation. It includes the following information:
1) quarterly- balance sheet, income statement, information on the level of capital adequacy, the amount of reserves to cover doubtful loans and other assets;
2) annually- balance sheet and income statement with the conclusion of the audit firm (auditor) on their reliability.
A credit institution is not liable for the obligations of the state, and the state is not liable for the obligations of a credit institution, except in cases where the state itself has assumed such obligations.
The legislative and executive authorities and local governments are not entitled to intervene in the activities of credit organizations, with the exception of cases provided for by federal laws.
A credit institution may not be obliged to carry out activities not provided for by its constituent documents, except in cases where the credit institution has assumed the relevant obligations, or in cases provided for by federal laws.
Types of credit organizations: Russian and foreign banks and non-bank credit organizations.
Bank - a credit institution that has the exclusive right to carry out in the aggregate banking operations to attract 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.
foreign bank - a bank recognized as such under the laws of a foreign state in whose territory it is registered.
Non-bank credit organization - a credit institution that has the right to carry out certain banking operations provided for by federal law.
The governing bodies of a credit institution are: the general meeting of its founders (participants); board of directors (supervisory board); sole executive body and collegial executive body.
The sole executive body, its deputies, members of the collegiate executive body, the chief accountant of a credit institution, the head of its branch are not entitled to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or being affiliated persons in relation to the credit organization employing its head, chief accountant, head of its branch.
Author: Belousov D.S.
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