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
49. Trust management of property
Basic concepts and provisions of trust management of property:
1) the founder of trust management - the owner of the property or other persons in accordance with the legislation of the Russian Federation;
2) trust manager - a credit organization, and in cases where it acts as a founder of trust management of property - an individual entrepreneur or a commercial organization, with the exception of a unitary enterprise;
3) general bank management fund (OFBU) - a property complex consisting of property transferred to trust management by different persons and united on the basis of common ownership, as well as acquired by a trustee in the course of trust management;
4) the founder of the OFBU management - the founder of the trust management, who contributed a share of the property to the OFBU;
5) certificate of equity participation - a document certifying the fact of transfer of property to trust management and the size of the founder's share in the OFBU. The participation certificate is not property and cannot be the subject of sales contracts and other transactions;
6) investment declaration - a document containing information on the share of each type of securities included in the OFBU investment portfolio, the share of funds placed in currency values, on sectoral diversification of investments (by types of sectors of securities issuers).
Under a property trust agreement one party (the founder of the management) transfers the property to the other guardian (trustee) for a certain period of time in trust management, and the other party undertakes to manage this property in the interests of the founder of the management or the person indicated by him (the beneficiary);
Property management in the interests of the founder of the management or the person indicated by him (beneficiary) can occur without combining the property of this founder into a single property complex with the property of other persons (individual trust management agreement) or with the consolidation of the property of this founder into a single property complex - the general fund of banking management - along with the property of other persons.
The objects of trust management for a credit institution acting as a trustee may be: funds in the currency of the Russian Federation and in foreign currency; securities; natural gems and precious metals; derivative financial instruments owned by Russian residents.
The property received by the credit institution - trustee for trust management shall be separated from other property of the founder of the management, as well as from the property of the credit organization - trustee. To keep records of transactions with property received in trust management by a credit institution, trust management accounts are used.
For credit institutions acting as trustees to perform trust management settlements:
1) in rubles - a separate personal account of the balance sheet account No. 40701 "Financial organizations" is opened in institutions of the Bank of Russia. It is opened by credit institutions - trustees at the place of opening a correspondent (subcorrespondent) account of a credit institution (branch);
2) in foreign currency - account No. 40701 is opened in other authorized banks.
Trust management operations in credit institutions - trust managers are accounted for on a separate balance sheet drawn up for each individual trust management agreement and for each general bank management fund.
On the basis of separate balances under agreements, a daily consolidated balance sheet for trust management is compiled.
Author: Belousov D.S.
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