Table of contents (expand)
- The concept and subject of banking law
- Method and system of banking law
- The science of banking law and banking law as an academic discipline
- Banking law norm, norm structure
- Types of banking law norms, their implementation
- Sources of banking law
- Acts of the Bank of Russia
- The effect of acts of banking legislation in time, space and circle of persons
- Banking system of the Russian Federation
- Banking. Banking operations and transactions
- Characteristics of banking legal relations
- Object, content and subjects of banking legal relations
- Legal status of the Bank of Russia
- Governing bodies of the Bank of Russia
- National Banking Council
- Principles of organization and structure of the Bank of Russia. General characteristics of his competence
- Competence of the Bank of Russia in the field of monetary policy
- Competence of the Bank of Russia in the field of cash and non-cash money circulation
- The Bank of Russia as a body of banking regulation and banking supervision, its powers
- Interaction of the Bank of Russia with authorities, its international and foreign economic activity
- Reporting and audit of the Bank of Russia
- Interaction of the Bank of Russia with credit institutions. Bank checks
- Liability of credit institutions
- Credit organizations
- Unions and associations of credit organizations. Banking group and banking holding
- Establishment of a credit organization, preliminary stage
- Signing the memorandum of association and registration of a credit organization
- Constituent documents and authorized capital
- Confirmation of payment of the authorized capital
- Licensing. Refusal to issue a license and state registration of credit institutions
- Peculiarities of establishing a credit organization with foreign investments or a branch of a foreign bank
- Business plan of a credit organization
- Procedure for opening a subdivision and representative office of a credit institution in the Russian Federation
- The procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation
- Features of registration of changes in the name and location (postal address) of a credit institution
- Duties and responsibilities of a credit institution as a participant in tax legal relations
- Liability of Credit Institutions for Certain Types of Offenses
- banking secrecy. Accounting, reporting, audit, antitrust activities of credit institutions
- Bank deposit (deposit)
- Bank account
- Characteristics of types of bank accounts
- Direct and indisputable debiting of funds from bank accounts
- Credit agreement. The procedure for providing funds under a loan agreement
- Loans from the Bank of Russia to credit institutions secured by the pledge of securities. Settlement and cash operations
- Collection of funds and other valuables in credit institutions. Settlement legal relations
- Payment order and letter of credit
- Collection and check
- Interregional electronic payments in the Russian Federation
- Trust property management
- Interbank transactions. Bank deposit insurance
- Currency regulation. Currency and currency values
- Residents and non-residents, their rights and obligations
- Currency transactions between residents and non-residents
- Internal currency market of the Russian Federation. Resident and non-resident accounts
- Currency control
- Taxation of credit institutions
- Taxation of credit organizations on profits of organizations
- Taxation of credit organizations with a unified social tax
- Taxation of credit institutions with corporate property tax
- Taxation of credit organizations with VAT
31. Peculiarities of establishing a credit organization with foreign investments or a branch of a foreign bank
In accordance with the law, in addition to Russian credit institutions, credit institutions with foreign investments and branches of foreign banks may carry out banking activities in the territory of the Russian Federation.
Foreign banks are understood as banks recognized as such under the laws of the foreign state in whose territory they are registered.
The main difference between the procedure for state registration and issuance of a license for a credit institution with foreign participation or a branch of a foreign bank for conducting banking activities in the territory of the Russian Federation from the procedure for establishing a Russian credit institution is the need to submit other additional documents for registration in addition to the obligatory list of documents. A foreign legal entity - founder additionally submits:
1) a decision on his participation in the creation of a credit institution in the territory of the Russian Federation or on the opening of a bank branch;
2) a document confirming the registration of a legal entity, and balance sheets for the previous three years, confirmed by an audit report;
3) a written consent of the relevant control body of the country of its location to participate in the creation of a credit institution in the territory of the Russian Federation or to open a branch of the bank in cases where such permission is required by the legislation of the country of its location. The founder - a foreign individual shall provide confirmation of the solvency of this person by a first-class (according to international practice) foreign bank.
Additional requirements for the establishment and operation of credit institutions with foreign investment or branches of foreign banks:
1) the amount (quota) of participation of foreign capital in the banking system of the Russian Federation - is established by federal law on the proposal of the Government of the Russian Federation, agreed with the Central Bank of the Russian Federation. This quota is calculated as the ratio of the total capital owned by non residents in the authorized capital of credit institutions with foreign investment and the capital of branches of foreign banks to the total authorized capital of credit institutions registered in the territory of the Russian Federation;
2) the credit institution is obliged to obtain prior permission from the Central Bank of the Russian Federation to increase its authorized capital at the expense of non-residents, to alienate (including the sale) of its shares (stakes) in favor of non-residents, and members of the credit institution - residents - to alienate their shares ( shares) of a credit institution in favor of non-residents. The Central Bank of the Russian Federation has the right to impose a ban on increasing the authorized capital of a credit institution at the expense of non-residents and on the alienation of shares (stakes) in favor of non-residents, if the result of this action is to exceed the quota for participation of foreign capital in the banking system of the Russian Federation. A statement of intent to increase the charter capital of a credit institution at the expense of non-residents' funds and on the alienation of shares (stakes) in favor of non-residents is considered by the Central Bank of the Russian Federation within two months from the date of submission of the application. The result of its consideration is the permission of the Central Bank of the Russian Federation to carry out the operation indicated in the application or a reasoned refusal in writing. If the Central Bank of the Russian Federation did not inform about the decision made within the established period, the specified operation is considered permitted;
The Central Bank of the Russian Federation shall have the right, in agreement with the Government of the Russian Federation, to establish restrictions on banking operations for credit institutions with foreign investments and branches of foreign banks, if in the relevant foreign states banks with Russian investments and branches of Russian banks are subject to restrictions in their establishment and activities.
Author: Belousov D.S.
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