Banking law. Residents and non-residents, their rights and obligations (the most important)

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Banking law. Residents and non-residents, their rights and obligations (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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52. Residents and non-residents, their rights and obligations

Residents:

1) individuals who are citizens of the Russian Federation, with the exception of citizens of the Russian Federation who are recognized as permanent residents of a foreign state in accordance with the legislation of that state;

2) permanently residing in the Russian Federation on the basis of a residence permit provided for by Russian legislation, foreign citizens and stateless persons; legal entities established in accordance with Russian law;

3) branches, representative offices and other subdivisions of residents - legal entities established in accordance with Russian legislation, located outside the territory of the Russian Federation; diplomatic missions, consular offices of the Russian Federation and other official representative offices of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

4) the Russian Federation, subjects of the Russian Federation, municipalities that act in relations regulated by the Federal Law "On currency regulation and currency control".

Non-residents:

1) individuals who are not residents; legal entities established in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;

2) organizations that are not legal entities, established in accordance with the legislation of foreign states and located outside the territory of Russia;

3) diplomatic missions accredited in the Russian Federation, consular offices of foreign states and permanent representations of these states at interstate or intergovernmental organizations;

4) interstate and intergovernmental organizations, their branches and permanent representative offices in the Russian Federation;

5) branches, permanent representative offices and other separate or independent structural subdivisions of non-residents located on the territory of the Russian Federation.

Rights and obligations of residents when carrying out foreign exchange transactions: without restrictions, open bank accounts (bank deposits) in foreign currency in authorized banks, unless otherwise provided by law; make settlements when carrying out foreign exchange transactions through bank accounts, with the exception of certain foreign exchange transactions (transfers by an individual - a resident of foreign exchange values as a gift of the Russian Federation, a constituent entity of the Russian Federation and (or) a municipality); make settlements when carrying out foreign exchange transactions through accounts opened with banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts; write off and (or) credit funds, internal and external securities from a special account and to a special account of a resident; carry out settlements through their bank accounts in any foreign currency with, if necessary, a conversion operation at the rate agreed with the authorized bank, regardless of the foreign currency in which the bank account was opened.

Non-residents have the right: open bank accounts (bank deposits) in foreign currency and the currency of the Russian Federation only in authorized banks; transfer without restrictions foreign currency and the currency of the Russian Federation from their bank accounts (from bank deposits) in banks outside the territory of the Russian Federation to their bank accounts (to bank deposits) in authorized banks; transfer foreign currency without restrictions from their bank accounts (from bank deposits) in authorized banks to their accounts (to deposits) in banks outside the territory of the Russian Federation; write off and (or) credit funds, internal and external securities from a special account and to a special account of a non-resident in the manner established by the Central Bank of the Russian Federation.

Author: Belousov D.S.

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