Banking law. Confirmation of payment of the authorized capital (the most important)

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Banking law. Confirmation of payment of the authorized capital (the most important)

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29. Confirmation of payment of the authorized capital

The founders of a credit institution must pay 100% of its authorized capital specified in the charter within 1 month after receiving a notice of state registration of the credit institution. Documents of a credit institution confirming the payment of 100% of the authorized capital shall be kept in the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution.

To confirm the actual payment of the authorized capital, the credit institution, within a period not exceeding one month from the date of its 100% payment, submits to the territorial office of the Central Bank of the Russian Federation the following documents, on the basis of which it can verify the legitimacy of payment:

1) payment orders with a mark of execution; acts of acceptance and transfer of the property of the founders, made as a contribution to the authorized capital, to the balance sheet of the credit institution;

2) the conclusion of an independent appraiser on the valuation of property in non-monetary form, made by the founders as a contribution to the authorized capital, as well as the conclusion of the state financial control body (in cases provided for by law);

3) certified copies of documents confirming the credit institution's ownership of non-monetary property contributed by the founders as a contribution to its charter capital;

4) a complete list of the founders of the credit institution, containing data on the payment of 100% of its authorized capital, in electronic form, a letter signed by the sole executive body of the credit institution, confirming the identity of the electronic copy of the list of founders to the list of founders:

a) contained in constituent documents (for credit institutions in the form of an LLC or ALC);

b) as of the date of completion of the placement of shares of the first issue (for credit institutions in the form of a joint-stock company);

5) documents stipulated by Bank of Russia regulations establishing the procedure and criteria for assessing the financial position of participants in a credit institution, and other documents.

Based on the documents received from a credit institution established in the form of an LLC or ALC, the territorial institution of the Central Bank of the Russian Federation (a division dealing with licensing of banking activities), within a period not exceeding 10 days from the date of their receipt, sends to the Central Bank of the Russian Federation a complete list of the founders of the credit institution; conclusion on the payment of the authorized capital. Based on the documents received from a credit institution established in the form of a joint-stock company, the territorial institution of the Central Bank of the Russian Federation (a division dealing with licensing of banking activities), within a period of no more than 10 days, sends an opinion on the payment of the authorized capital to the structural subdivision of the territorial institution of the Bank of Russia, whose competence includes issues of registration of securities issues, as well as by fax (other operational communication) a conclusion on payment of the authorized capital and a complete list of founders of a credit institution in electronic form to the Bank of Russia (Department for Licensing Activities and Financial Recovery of Credit Institutions of the Bank of Russia). At the same time, the original of this conclusion is sent to the Bank of Russia by post (if the report on the results of the first issue of shares of a credit institution is registered by the Department for Licensing Activities and Financial Recovery of Credit Institutions of the Bank of Russia).

The monetary value of tangible assets contributed as payment for a part of the charter capital of a credit institution upon its creation is approved by the general meeting of founders.

Author: Belousov D.S.

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