Banking law. Banking secrecy. Accounting, reporting, audit, antimonopoly activities of credit institutions (the most important)

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Banking law. Banking secrecy. Accounting, reporting, audit, antimonopoly activities of credit institutions (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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38. Banking secrecy. Accounting, reporting, audit, antitrust activities of credit institutions

General rules for accounting, presentation of financial and statistical reporting, preparation of annual reports by credit institutions are established by the Central Bank of the Russian Federation, taking into account international banking practice. Currently, the procedure for conducting accounting in Russian credit institutions is established by the "Rules for Conducting Accounting in Credit Institutions Located on the Territory of the Russian Federation" dated 05.12.2002 No. 205-P.

The reporting of a credit institution is subject to an annual audit by an audit organization licensed in accordance with the legislation of the Russian Federation to carry out such audits.

At the same time, the reporting of banking groups and banking holdings is subject to an annual audit by an audit organization that has been auditing credit institutions for at least two years.

Based on the results of the audit, the audit organization is obliged to draw up an opinion on the results of the audit, containing the following information:

1) on the reliability of the financial statements of the credit institution;

2) its compliance with the mandatory standards established by the Central Bank of the Russian Federation;

3) the quality of management of the credit institution;

4) the state of internal control and other provisions determined by federal laws and the charter of the credit institution. The auditor's report is sent to the Central Bank of the Russian Federation within three months from the date of submission to the Central Bank of the Russian Federation of the annual reports of the credit institution, banking groups and bank holding companies.

After audit confirmation of the reliability of the annual report of the credit institution, it is submitted to the Central Bank of the Russian Federation.

Subsequently, in the form and terms established by the Central Bank of the Russian Federation, the credit institution publishes an annual report in the open press.

The legal regime of banking secrecy is established by banking legislation and the Civil Code of the Russian Federation.

Contents of the banking secrecy regime - the credit institution guarantees non-disclosure (non-disclosure) to third parties of information about the bank account and bank deposit; on account transactions; about the bank's clients, correspondent banks, etc. Information constituting banking secrecy can only be provided to the clients themselves or their representatives. Such information may be provided to state bodies and their officials only in cases and in the manner prescribed by law.

In case of unlawful disclosure by a credit institution of information constituting bank secrecy, the client whose rights have been violated has the right to demand compensation from the bank for losses caused by such illegal actions. The state policy for the development of competition and antimonopoly regulation in the financial services market is implemented by the following federal bodies:

1) in the securities market - by the federal executive authorities that regulate the securities market;

2) in the market of banking services - the Central Bank of the Russian Federation;

3) in the insurance services market - by the federal executive body that regulates the insurance services market;

4) in the market of other financial services - by the federal executive authorities that regulate the market of these financial services.

The main tasks of the Central Bank of the Russian Federation as an antimonopoly body regulating the financial services market:

1) promoting the development of competition in the financial services market;

2) prevention, restriction and suppression of unfair competition and suppression of abuses related to the dominant position of a financial organization in the financial services market;

3) implementation of state control over compliance with antimonopoly legislation in the financial services market.

Author: Belousov D.S.

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