Banking law. The procedure for opening a division and representative office of a credit institution in the Russian Federation (the most important)

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Banking law. The procedure for opening a division and representative office of a credit institution in the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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33. Procedure for opening a subdivision and representative office of a credit institution in the Russian Federation

A credit institution may open separate subdivisions of a representative office in the territory of the Russian Federation that are not entitled to carry out banking operations and branches.

Also, a credit institution may also open internal structural divisions outside the location of the parent organization and branch. Such subdivisions can be additional offices, operating cash desks outside the cash desk, exchange offices.

The name of an internal structural subdivision of a credit institution must contain an indication of its status and affiliation with a particular credit institution.

The order of opening (closing) of separate divisions is as follows:

1) the decision to introduce amendments and additions to the charter of a credit institution related to the opening of separate subdivisions is taken by the authorized body of the credit institution at the regular (annual) general meeting;

2) after that, the credit institution sends to the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution a letter with two copies of the decision to amend the constituent documents and four copies of the text of amendments to the charter of the credit institution;

3) the territorial branch of the Central Bank of the Russian Federation, within 10 calendar days after receiving the necessary documents from the credit institution in accordance with the established procedure, considers them and sends the credit institution information on the absence (presence) of comments;

4) in the absence of comments, the credit institution, upon receipt of the said information, shall submit to the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution a notice of amendments to the constituent documents of the credit institution;

5) no later than the business day following the day of receipt of the relevant notice from the credit institution, the territorial institution of the Central Bank of the Russian Federation shall put a note on the copy of the text of amendments to the charter on the adoption of a decision on the state registration of amendments to the constituent documents, send to the authorized registering body one copy of the received notifications, with a cover letter and attachment of the required set of documents;

6) no later than the business day following the day of receipt of information from the authorized registering body on the entry in the unified state register of legal entities of the corresponding entry, the territorial office of the Central Bank of the Russian Federation sends:

a) to a credit institution - a written notice confirming the fact of making an entry in the unified state register of legal entities, with an attachment of the original certificate received from the authorized registering body, registered amendments and additions to the charter;

b) in the Central Bank of the Russian Federation - an opinion substantiating the registration of amendments and additions, as well as one copy of the registered amendments and additions to the charter of the credit institution.

Procedure for opening a representative office of a credit institution:

1) a representative office is opened by decision of the management body of the credit institution, which is granted this right in accordance with its charter, in order to represent and protect its interests in a certain territory;

2) a current account is opened for the representative office to carry out its activities;

3) the procedure for establishing a representative office - notification;

4) the territorial office of the Central Bank of the Russian Federation at the place of opening of a representative office, within five working days from the date of receipt of the notification, enters information into the Register of Credit Institutions and sends a notice of opening to the appropriate body.

Author: Belousov D.S.

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