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Banking law. Unions and associations of credit organizations. Banking group and bank holding company (the most important)

Lecture notes, cheat sheets

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25. Unions and associations of credit organizations. Banking group and banking holding

Unions and associations of credit organizations are understood as voluntary associations of credit organizations that are not aimed at carrying out banking activities and making profit.

Unions and associations of credit organizations are created and registered in accordance with the procedure established by the Federal Law "On non-profit organizations" dated 12.01.1996 No. 7-FZ. They notify the Central Bank of the Russian Federation of their creation within a month after registration.

The most authoritative participant in the banking legal relations of this group is the Association of Russian Banks (ARB).

Credit organizations create unions and associations with the aim of:

1) protection and representation of the interests of its members;

2) coordination of their activities;

3) development of interregional and international relations;

4) satisfaction of scientific, informational and professional interests;

5) development of recommendations for the implementation of banking activities;

6) solving other joint tasks of credit institutions.

Unions and associations of credit institutions are prohibited from carrying out banking operations.

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

Bank holding - an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of a banking holding company) has the opportunity, directly or indirectly (through a third party), to exert a significant influence on decisions taken management bodies of the credit institution (credit institutions).

Significant influence refers to the ability to determine:

1) decisions taken by the management bodies of the legal entity;

2) the conditions for conducting entrepreneurial activities by him;

3) appoint a sole executive body or more than half of the collegial executive body of a legal entity;

4) election of more than half of the board of directors (supervisory board) of a legal entity, in connection with participation in its authorized capital and (or) in accordance with the terms of an agreement concluded between legal entities that are part of a banking group and (or) a part of a banking holding. The parent credit organization of a banking holding company, the parent organization of a banking group are required to notify the Central Bank of the Russian Federation of the creation of a banking holding company, a banking group. A commercial organization that may be recognized as the head organization of a bank holding company, in order to manage the activities of all credit organizations included in it, has the right to create a management company of a bank holding company. In this case, it performs the duties that are usually assigned to the parent organization.

Management company of a bank holding company - a business company whose main activity is the management of the activities of credit institutions included in the banking holding.

The management company of a banking holding is not entitled to engage in insurance, banking, production and trade activities.

A commercial organization that, in accordance with federal law, may be recognized as the parent organization of a bank holding company, must be able to determine the decisions of the management company of the bank holding company on issues falling within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

Author: Belousov D.S.

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