Banking law. The procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation (the most important)

Lecture notes, cheat sheets
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Banking law. The procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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34. Procedure for opening and closing branches of a credit institution outside the territory of the Russian Federation

A credit institution that has not been banned from opening branches may open a branch by notifying in writing the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution and the territorial agency of the Central Bank of the Russian Federation at the place where the branch is opened.

A branch of a credit institution must have a seal, which, in addition to the business name and location of the credit institution, must indicate the name of the branch and its location. For opening branches of credit institutions, a fee is charged in the amount of 100 times the minimum wage established at the time of notification of the Central Bank of the Russian Federation about the opening of a branch. The specified fee is paid by the credit institution at its location and credited to the federal budget.

Branch opening procedure:

1) the credit institution sends a notice of the opening of a branch to the territorial office of the Central Bank of the Russian Federation at the place where the branch was opened and to the territorial office of the Central Bank of the Russian Federation supervising the activities of the credit institution, or only to the territorial agency of the Central Bank of the Russian Federation supervising the activities of the credit institution, if the branch is opened on territory subordinated to the same territorial institution of the Central Bank of the Russian Federation;

2) along with the notice, the credit institution sends: the regulation on the branch; questionnaires of candidates for the positions of the head, deputy heads, chief accountant, deputy chief accountant of the branch; CVs of candidates for relevant positions; copies of the payment document confirming payment of the fee for opening a branch; minutes (copies of minutes, extracts from minutes certified in accordance with the established procedure) of meetings of the authorized management bodies of the credit institution, containing decisions to open a branch, as well as to send an application to the territorial office of the Central Bank of the Russian Federation for approval of the candidacies of the head, deputy heads, chief accountant of the branch.

Simultaneously with the said documents, the credit institution may submit documents for the state registration of relevant amendments to the constituent documents.

A branch of a credit organization has the right to start banking operations from the date of making an entry about it in the Book of State Registration of Credit Organizations and assigning a serial number to it. The procedure for closing a branch of a credit institution:

1) the decision to close a branch is taken by the management body of the credit institution, to which this right is granted by the charter of the credit institution;

2) not later than thirty days from the date of the decision to close the branch, the credit institution notifies in writing all known creditors of the closed branch;

3) after sending notifications, transferring the assets and liabilities of the branch to the balance sheet of the parent credit institution or a division of the credit institution, within ten calendar days, the credit institution notifies the territorial institutions of the Central Bank of the Russian Federation supervising the activities of the credit institution and the branch. At the same time, the credit institution additionally submits to the territorial institution of the Central Bank of the Russian Federation a copy of the document with the decision to close the branch, the act of transfer, a certificate from the settlement and cash center of the territorial institution of the Central Bank of the Russian Federation containing information on the date of closing the correspondent sub-account of the branch.

The closing date of a branch of a credit institution shall be the date of making the relevant entry in the State Registration Book of Credit Institutions.

Author: Belousov D.S.

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