Banking law. Interbank transactions. Bank deposit insurance (most important)

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Banking law. Interbank transactions. Bank deposit insurance (most important)

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50. Interbank transactions. Bank deposit insurance

In the process of carrying out interbank operations, credit institutions on a contractual basis are entitled to: attract and place funds from each other in the form of deposits (deposits) and loans; carry out settlements through settlement centers and correspondent accounts opened in accordance with the established procedure, opened with each other; perform other mutual transactions provided for by licenses issued by the Central Bank of the Russian Federation.

Correspondent relations between a credit institution and the Central Bank of the Russian Federation are carried out on a contractual basis and assume the following:

1) funds are debited from the accounts of a credit institution by its order or with its consent, with the exception of cases provided for by federal law;

2) if there is a shortage of funds for lending to customers and fulfilling the obligations assumed, the credit institution may apply for loans from the Central Bank of the Russian Federation on the conditions determined by it;

3) the credit institution monthly reports to the Central Bank of the Russian Federation about newly opened correspondent accounts in the territory of the Russian Federation and abroad;

4) credit institutions establish correspondent relations with foreign banks registered in the territories of offshore zones of foreign states, in the manner determined by the Central Bank of the Russian Federation.

The system of compulsory insurance of deposits of individuals in banks is being created in order to ensure the guarantees of the return of funds attracted by banks from citizens and compensation for the loss of income on invested funds.

Members of the mandatory deposit insurance system are:

1) Deposit Insurance Agency;

2) banks entered in the register and attracting funds from citizens (insurants);

3) contributors;

4) Bank of Russia.

Principles of the deposit insurance system: obligatory participation of banks in the deposit insurance system; reducing the risks of adverse consequences for depositors in the event of default by banks on their obligations; transparency of the deposit insurance system; the accumulative nature of the formation of the mandatory deposit insurance fund at the expense of regular insurance premiums of banks participating in the deposit insurance system.

The totality of funds and other property that are formed and used in accordance with the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" dated December 23.12.2003, 177 No. XNUMX-FZ, constitutes the Compulsory Deposit Insurance Fund. Separate accounting is maintained for the Mandatory Deposit Insurance Fund, the fund cannot be levied on the obligations of the Russian Federation, constituent entities of the Russian Federation, municipalities, banks, other third parties, as well as the Deposit Insurance Agency, except in cases where the Agency's obligations have arisen in connection with failure to fulfill their obligations to pay compensation on deposits. Sources of formation of the mandatory deposit insurance fund: insurance premiums; penalties for late and (or) incomplete payment of insurance premiums; cash and other property received from the satisfaction of the rights of claim of the Deposit Insurance Agency, acquired as a result of payment of compensation on deposits; funds from the federal budget in cases stipulated by law; income from the placement and (or) investment of temporarily free funds of the compulsory deposit insurance fund; initial property contribution; other income not prohibited by law.

In addition to compulsory insurance of bank deposits, there is also voluntary insurance. Banks have the right to create voluntary deposit insurance funds to ensure the return of deposits and the payment of income on them. Such funds are created as non-profit organizations.

Author: Belousov D.S.

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