Banking law. Creation of a credit organization, preliminary stage (most important)

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Banking law. Creation of a credit organization, preliminary stage (most important)

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26. Establishment of a credit organization, preliminary stage

Creation of a credit institution is understood as the performance by interested parties of a certain sequence of legally significant actions (measures) aimed at creating a legal entity with the right to carry out banking activities.

The founders of a credit organization may be legal entities and (or) individuals whose participation in the credit organization is not prohibited by federal laws. The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration.

Legal entity-founder must have a stable financial position; have sufficient own funds to contribute to the authorized capital of the credit institution; operate for three years; fulfill obligations to the federal budget, the budget of the subject of the Russian Federation and the local budget for the last three years.

Credit organisation - the founder must be financially stable during the last six months preceding the date of submission of documents for its state registration and obtaining a license for banking operations, as well as until the Bank of Russia makes a decision on the state registration of a credit institution.

The state registration of a credit organization being created is carried out in accordance with the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs". The decision on the state registration of a credit institution is made by the Central Bank of the Russian Federation, which also maintains the Book of State Registration of Credit Institutions.

The entry into the Unified State Register of Legal Entities of information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by authorized registration authorities (tax authorities) on the basis of a decision of the Central Bank of the Russian Federation on the appropriate state registration. A state fee is charged for the state registration of credit institutions.

A banking license is issued to a credit institution after its state registration in accordance with the procedure established by law and regulations of the Central Bank of the Russian Federation adopted in accordance with it. A credit organization has the right to carry out banking operations from the moment of obtaining a license issued by the Central Bank of the Russian Federation. For consideration of the issue of issuing a license, a license fee of 0,1% of the authorized capital specified in the charter of the credit institution is charged. This fee goes to the federal budget.

The stages of creating a credit organization are:

1) preliminary stage;

2) signing the constituent agreement;

3) state registration;

4) obtaining a license to carry out banking activities.

The preliminary stage is designed to coordinate with the Central Bank of the Russian Federation the name of the future credit institution and sign the founding agreement by the initiators of its creation: before signing the founding agreement (creation agreement), the founders of the credit institution send a request to the Central Bank of the Russian Federation on the possibility of using the proposed corporate and abbreviated names by the credit institution.

The Bank of Russia, within five working days after receiving the request, shall send to the founders of the credit institution and to the territorial branch of the Bank of Russia at the supposed location of the credit institution a written notice containing a conclusion on the possibility of using the proposed company (full official) and abbreviated names of the credit institution.

Author: Belousov D.S.

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