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
54. Internal currency market of the Russian Federation. Resident and non-resident accounts
Purchase and sale of foreign currency and checks, the nominal value of which is indicated in foreign currency, in the Russian Federation is carried out only through authorized banks. The Central Bank of the Russian Federation establishes requirements for credit institutions to draw up documents for the purchase and sale of foreign currency in cash and checks (including traveller's checks), the nominal value of which is indicated in foreign currency. The requirement to identify a person when buying and selling by individuals foreign currency in cash and checks whose nominal value is indicated in foreign currency cannot be established, except for cases provided for by federal laws.
Purchase and sale procedure foreign currency and checks, the nominal value of which is indicated in foreign currency, by residents who are not individuals and non-residents may provide for the following requirements:
1) on the use of special accounts for the reservation by residents of an amount not exceeding the equivalent of 100% of the amount of the purchased currency for a period not exceeding 60 calendar days prior to the date of the currency purchase;
2) reservation by non-residents of an amount not exceeding the equivalent of 20% of the amount of the currency being sold, for a period not exceeding one year.
The requirements for the use of a special account and for reservations do not apply to the purchase and sale of foreign currency and corresponding checks by authorized banks and individuals not for the purpose of their entrepreneurial activities.
Such requirements also do not apply if the reservation condition has already been established in connection with the implementation of a foreign exchange transaction, for which the sale and purchase of foreign currency and checks is carried out.
Residents open without restrictions foreign currency accounts in banks located in the territories of foreign countries that are members of the Organization for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering (FATF). Not later than one month from the date of conclusion (termination) of the agreement on opening an account with a bank located outside the territory of the Russian Federation, residents are required to notify the tax authorities at their place of registration of the opening (closing) of accounts. In other cases, residents open bank accounts outside the territory of the Russian Federation in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide for preliminary registration of the account being opened.
Residents have the right to transfer funds to their accounts opened with banks outside the territory of the Russian Federation from their accounts with authorized banks or their other accounts opened with banks outside the territory of the Russian Federation. Legal entities - residents have the right to carry out currency transactions without restrictions with funds credited to accounts opened with banks outside the territory of the Russian Federation, with the exception of transactions between residents.
Individuals - residents have the right to carry out currency transactions without restrictions that are not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited to accounts opened with banks outside the territory of the Russian Federation.
Non-residents have the right to open bank accounts in the territory of the Russian Federation in foreign currency and in the currency of the Russian Federation only in authorized banks, the procedure for opening and maintaining which in the territory of the Russian Federation, including special accounts, is established by the Central Bank of the Russian Federation.
Without restrictions, non-residents have the right to transfer foreign currency and the currency of the Russian Federation from their bank accounts in banks outside the territory of the Russian Federation to their accounts and deposits in authorized banks and foreign currency from their bank accounts in authorized banks to their accounts in banks outside the Russian Federation.
Author: Belousov D.S.
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