Banking law. Licensing. Refusal to issue a license and state registration of credit institutions (the most important)

Lecture notes, cheat sheets
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Banking law. Licensing. Refusal to issue a license and state registration of credit institutions (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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30. Licensing. Refusal to issue a license and state registration of credit institutions

Licenses issued by the Central Bank of the Russian Federation:

1) are the basis for banking operations;

2) are recorded in the register of issued licenses for banking operations, which is subject to publication in the official publication of the Central Bank of the Russian Federation ("Bulletin of the Bank of Russia") at least once a year. Changes and additions to the specified register are published by the Central Bank of the Russian Federation within a month from the date of their entry into the register;

3) contain a list of banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations may be carried out;

4) are issued without limitation of their validity period.

The implementation by a legal entity of banking operations without a license entails the collection from it of the entire amount received as a result of these operations, as well as the collection of a fine in the amount of twice this amount to the federal budget. Recovery is carried out in court at the suit of the prosecutor, the relevant federal executive body authorized to do so by federal law, or the Central Bank of the Russian Federation.

The Central Bank of the Russian Federation has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license.

Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.

There are the following types of banking licenses:

1) a license to carry out banking operations with funds in rubles;

2) a license to attract deposits and placement of precious metals;

3) a license to attract deposits from individuals in rubles and foreign currency;

4) license for cash collection;

5) a license to carry out banking operations with funds in rubles and foreign currency;

6) a license to attract deposits from individuals in rubles.

Refusal to state registration of a credit organization and issue a license to it is allowed:

1) non-compliance of candidates proposed for the positions of the head, chief accountant and his deputies with the qualification requirements (lack of higher legal or economic education, committing an administrative offense in the field of trade and finance within a year before registration, non-compliance of the business reputation of these candidates with the relevant requirements, etc. );

2) the unsatisfactory financial position of the founders of the credit institution or their failure to fulfill their obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;

3) non-compliance of documents submitted to the Central Bank of the Russian Federation for the state registration of a credit institution and obtaining a license for banking operations with the requirements of the Federal Law and the regulatory acts of the Central Bank of the Russian Federation adopted in accordance with them;

4) non-compliance of the business reputation of candidates for the positions of members of the board of directors (supervisory board) with the qualification requirements established by federal laws and the regulations of the Central Bank of the Russian Federation adopted in accordance with them, the presence of a criminal record for committing a crime in the economic sphere.

The decision to refuse state registration of a credit institution and issue a banking license to it shall be communicated to the founders of the credit institution in writing and must be motivated.

Denial of state registration of a credit organization and issuance of a banking license to it, refusal of the Central Bank of the Russian Federation to adopt an appropriate decision within the established period may be appealed to an arbitration court.

Author: Belousov D.S.

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