Banking law. Signing the memorandum of association and registering a credit organization (the most important)

Lecture notes, cheat sheets
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Banking law. Signing the memorandum of association and registering a credit organization (the most important)

Lecture notes, cheat sheets

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27. Signing the memorandum of association and registration of a credit institution

For state registration of a credit institution and obtaining a license for banking operations, the founders shall send the following documents to the territorial office of the Central Bank of the Russian Federation at the alleged location of the credit institution: an application for the location (address) of the permanent executive body of the credit institution, an application for state registration of the credit institution and the issuance of a license for carrying out banking operations in the name of the head of the Bank of Russia; memorandum of association (if a credit institution is established in the form of a limited liability company or a company with additional liability by two or more persons); the charter of the credit institution, approved by the general meeting of founders; business plan approved by the general meeting of founders, etc.

The term for consideration of documents in the territorial office of the Central Bank of the Russian Federation at the intended location of the credit institution should not exceed 90 calendar days from the date of their submission.

In the absence of comments, the territorial office of the Central Bank of the Russian Federation sends a positive opinion to the Central Bank of the Russian Federation with the attachment of documents submitted by the founders of the credit institution. The Central Bank of the Russian Federation reviews the received documents and decides on the possibility of state registration of a credit institution. The Department for Licensing Activities and Financial Rehabilitation of Credit Institutions of the Central Bank of the Russian Federation, within 3 working days from the date of the adoption of a positive decision on the state registration of a credit institution, sends 1 copy of documents, with a cover letter, to the authorized registering body.

Then the territorial branch of the Central Bank of the Russian Federation sends the founders a notice of the state registration of a credit institution, indicating the details of the correspondent account opened to fulfill the requirement for payment of 100% of the authorized capital within a month from the date of receipt of the notification and enters information on the registration of a new credit institution in the register of credit institutions located in his territory. Subsequently, issues 1 copy of the questionnaires of candidates for the positions of heads of the credit institution, chief accountant, deputy chief accountants of the credit institution with a note of approval, certificate of state registration of the credit institution and 1 copy of its constituent documents to the chairman of the board of directors or other authorized person of the credit institution, in writing confirming the receipt of these documents.

Within 3 working days after the actual appointment of agreed candidates for the positions of heads of a credit institution, chief accountant, deputy chief accountants of a credit institution, the latter must notify in writing the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution, indicating the number and date of the relevant decisions of the authorized management body of the credit institution. The notification shall be accompanied by a copy of the said decision, certified by the credit institution, and an application for making changes to the information in the Unified State Register of Legal Entities that is not related to making changes to the constituent documents, drawn up in accordance with the forms approved by the Government of the Russian Federation.

On the next business day after receiving this notification, the territorial branch of the Bank of Russia reports the necessary data to all authorities (the Central Bank of the Russian Federation, the cash settlement center, etc.).

Author: Belousov D.S.

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