Banking law. Constituent documents and authorized capital (the most important)

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Banking law. Constituent documents and authorized capital (the most important)

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28. Constituent documents and authorized capital

A credit institution must have constituent documents provided for by civil law for a legal entity of the appropriate organizational and legal form (JSC - charter; LLC or ALC - memorandum of association and charter). An exemplary charter for a commercial bank established in the form of a joint-stock company is contained in the letter of the Central Bank of the Russian Federation dated April 15.04.1996, 15 No. 4-1-1342 / XNUMX "On the exemplary charter of a commercial bank." A credit organization is obliged to register all changes made to its constituent documents.

The Central Bank of the Russian Federation within a month from the date of submission of all duly executed documents on changes:

1) makes a decision on the state registration of changes made to the constituent documents of a credit institution;

2) sends to the authorized registering body (tax authorities) the information and documents necessary for the implementation by this body of the functions of maintaining the unified state register of legal entities. Authorized registration body:

1) on the basis of the said decision adopted by the Central Bank of the Russian Federation and the necessary information and documents submitted by it, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities;

2) no later than the working day following the day of making the relevant entry, notifies the Central Bank of the Russian Federation about this. The interaction of the Central Bank of the Russian Federation with the authorized registering body on the issue of state registration of changes made to the constituent documents of a credit institution is carried out in the manner agreed by the Central Bank of the Russian Federation with the authorized registering body.

The charter of a credit institution must contain:

1) company name, as well as all other names established by federal law;

2) an indication of the legal form;

3) information about the address (location) of the governing bodies and separate subdivisions;

4) a list of ongoing banking operations and transactions;

5) information on the amount of the authorized capital;

6) information on the system of management bodies, including executive bodies and internal control bodies, on the procedure for their formation and on their powers;

7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.

The authorized capital of a credit organization consists of the contributions of its participants and determines the minimum amount of property that guarantees the interests of its creditors. The minimum authorized capital for newly created credit institutions is set by the Central Bank of the Russian Federation and amounts to 5 million euros.

The Central Bank of the Russian Federation does not have the right to require previously registered credit institutions to change their authorized capital, except for cases established by federal laws.

The authorized capital of a credit institution created in the form of a joint-stock company is made up of the nominal value of its shares acquired by the founders of the credit institution, while a credit institution created in the form of an LLC or ALC is made up of the nominal value of the shares of its founders.

Contributions to the charter capital of a credit institution may be in the form of: cash in the currency of the Russian Federation and foreign currency, as well as tangible assets - a building (premises) owned by the founder of the credit institution, completed by construction, in which the credit institution may be located.

The following cannot be contributed to the authorized capital: property, if the right to dispose of it is limited in accordance with federal legislation or agreements concluded earlier; funds from the federal budget and state off-budget funds; attracted funds.

Author: Belousov D.S.

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