Chapter i. general provisions

Banking activities in the territory of the Russian Federation are regulated by a number of federal laws and a large number of legal acts that are aimed at certain narrow banking specialties and specific operations. The main law in the banking sector is FZ-395-1.

General provisions 395-1 FZ

The list of legislative acts that are the main ones in the field of banking regulation:

• FZ-351-1 - On banks and banking activities - is the fundamental law in the field of regulation of banks. It defines basic concepts and terms, classifies banking organizations and documents, defines relations between the state, banks and customers, and also establishes the procedure for registering credit institutions and their activities.
• - regulates the activities of the main financial institution of the country, as well as its branches. The Bank of Russia establishes the national currency, monitors its stability and controls the work of all credit institutions.
• — establishes the procedure for making money transfers and the rules for the provision of payment services on the territory of the Russian Federation.
• I-153 - Instruction of the Central Bank of the Russian Federation on opening and closing bank accounts - provides the necessary documents for creating a bank account, as well as the rules for its use.
• I-139 - Instruction of the Central Bank of the Russian Federation on the mandatory ratios of banks - establishes the rules for calculating mandatory banking ratios.

It is also necessary to pay attention to the Constitution of the Russian Federation, namely, Articles 71, 74, 75, 83, 103, 106, which allow and restrict the work of banks, as well as Article 857 of the Civil Code of the Russian Federation, which defines the concept bank secrecy and provides rules for its implementation.

In addition to the above legislative acts, which are the cornerstone in the banking system of the Russian Federation, there are a large number of narrowly focused documents that regulate certain types of activities of banking and credit institutions. All regulations are constantly being edited and improved in order to improve the work of the financial sector of the state.

Federal Law on the judicial system with current changes for 2018. Link

Read about the latest innovations in Federal Law No. 116

Summary of FZ-351-1 by chapter:

• Chapter 1 provides general provisions law: defines the basic terms used in the banking sector, establishes the types of financial and credit organizations, and also provides for the basic rules for their functioning;
• Chapter 2 regulates the procedure for registering credit and banking institutions, the rules for obtaining an appropriate license to carry out activities and the specifics of the liquidation of these organizations;
• Chapter 3 lists the requirements to ensure the stable operation of the banking system, as well as to protect the rights and interests of depositors;
• Chapter 4 establishes the rules of interbank relations and the procedure for servicing clients;
• Chapter 5 provides for the specifics of opening and functioning of branches of credit institutions in the territory of foreign states;
• Chapter 6 defines the specifics of making bank deposits by individuals and the rules for their compulsory insurance;
• Chapter 7 establishes the requirements for maintaining accounting records in banking organizations and the procedure for supervising the activities of credit institutions.

The Banking Law came into force on December 2, 1990. Since its adoption, it has been repeatedly supplemented and edited. The last changes to FZ-351-1 took place on December 31, 2017.

What changes have been made?

In the course of the last amendment to the legislation on banks in the Russian Federation, which was introduced on December 12, 2017 by Law No. 482-FZ, the following articles were supplemented:

• Article 8, providing for the rules for disclosing bank secrecy, a provision was introduced that gives the Government of the Russian Federation the right to establish special cases for credit institutions when information intended for disclosure may not be disclosed or disclosed in part;
• Article 30, which defines the relationship between banks and customers, was supplemented by a provision that provides for the conclusion of electronic agreements signed with digital signatures. Electronic documents are equivalent to paper ones, and digital signatures will be used to identify customers. This amendment will enter into force on 06/30/2018.

Article 20, which provides grounds for terminating a banking license, consists of the following provisions:

• The Central Bank of Russia has the right to revoke a license from a credit institution in the following cases:
  • the information on the basis of which the license was issued is unreliable;
  • banking operations provided for by the license are not carried out within a year from the date of its issuance;
  • significant unreliability of reporting data;
  • monthly reporting is delayed for more than 15 days;
  • carrying out banking operations that are not provided for by the license;
  • non-compliance with the requirements of regulatory enactments on banking activities;
  • repeated violation within one year of requirements normative documents Bank of Russia;
  • failure to comply with the requirements of judicial organizations to recover money from customer accounts;
  • petitions for bankruptcy from the interim administration (FZ on bankruptcy);
  • repeated delay in providing updated information to the Bank of Russia;
  • violations are not eliminated within the prescribed period;
  • violation of the law on combating illegal use insider information.
• The Central Bank is obliged to revoke the license of a credit institution in the following cases :
  • if the equity ratio of the credit institution is below two per cent;
  • if the equity capital of the organization is below the minimum authorized capital;
  • if the credit company does not bring its own capital into the required norm in accordance with the resolution of the Bank of Russia;
  • if the organization cannot satisfy the requests of creditors;
  • if a bank holding a universal license has allowed its own capital to decrease below the permissible minimum rate;
  • if a bank with a universal license, while reducing its own capital, has not reached the required amount within the prescribed period and has not changed its status in accordance with the provisions of this law;
• The decision to revoke a license is made within 15 days after receiving reliable information about the relevant grounds. The decision comes into force from the moment of its adoption and can be appealed within 30 days after its announcement.

After the license is revoked, a temporary administration is appointed to a credit or banking organization, whose task is to fulfill the remaining obligations of the company to creditors and prepare the organization for liquidation.

Article 27, which provides for the procedure for seizing and foreclosing money and property held by a credit institution, consists of the following provisions:

• Seizure of financial assets or other valuables pledged or stored in a credit company is carried out only with the appropriate decision of the courts as a result of a court decision;
• If the money on the account or in the deposit is seized, then the company, upon receipt of the appropriate decision, immediately terminates any operations with the specified account;
• It is possible to recover funds or other valuables that are on an account or in a deposit with a credit company only if there is an appropriate executive document;
• The credit organization and the Central Bank of Russia are not liable for damage to property as a result of seizure or recovery;

Cash or valuables are confiscated only upon the entry into force of the relevant court decision.

Amendments relating to the activities of commercial banks

In order to regulate the financial market, the number of commercial banks has decreased over the past 10 years. Benefits of Reducing the Number of Banking Institutions are as follows:

• in the qualitative improvement of the services provided;
• in increasing the reliability of deposits and assets;
• in increasing competition.

However, not without negative consequences, among which:

• expenses for compensation of losses of legal entities;
• losses of legal entities that invest in the development of commercial organizations;
• instability in the banking sector due to frequent amendments to legislation.

The Banking Law is regularly revised to improve services and create a healthy financial environment. Therefore, this year it is expected new wave downsizing of commercial banks. Experts predict a decrease in the number of banks to 500 units.

Download the text of the current version of the law

Federal Law of December 2, 1990 N 395-1 “On Banks and Banking Activities” can be downloaded

No. 224-FZ of 27.07.2010, No. 294-FZ of 15.11.2010, No. 8-FZ of 07.02.2011, No. 162-FZ of 27.06.2011, No. 169-FZ of 01.07.2011, No. 169-FZ of 11.07.2011 200-FZ, as amended by the Decree Constitutional Court RF of February 23, 1999 N 4-P, Federal Laws of July 8, 1999 N 144-FZ, of October 27, 2008 N 175-FZ)

Chapter I. GENERAL PROVISIONS

Article 1. Basic Concepts of this Federal Law

A credit organization is a legal entity that, in order to make profit as the main goal of its activities, on the basis of a special permit (license) of the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business entity.

Bank - a credit institution that has the exclusive right to carry out the following banking operations in aggregate: attraction of funds from individuals and legal entities to deposits, placement of these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities.

Non-bank credit organization:

1) a credit institution that has the right to carry out exclusively banking operations specified in paragraphs 3 and 4 (only in relation to bank accounts of legal entities in connection with the implementation of money transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation money transfers without opening bank accounts) and Clause 9, Part One, Article 5 of this Federal Law (hereinafter referred to as a non-bank credit institution that has the right to make money transfers without opening bank accounts and other related banking operations);

2) a credit institution that has the right to carry out certain banking operations provided for by this Federal Law. Permissible combinations of banking operations for such a non-bank credit institution are established by the Bank of Russia.

Foreign bank - a bank recognized as such under the laws of a foreign state in whose territory it is registered.

Article 2. The banking system of the Russian Federation and legal regulation banking

The banking system of the Russian Federation includes the Bank of Russia, credit institutions, as well as branches and representative offices of foreign banks.

Legal regulation of banking activities is carried out by the Constitution of the Russian Federation, this Federal Law, the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", other federal laws, regulations of the Bank of Russia.

Article 3. Unions and associations of credit organizations

Credit organizations may create unions and associations that do not pursue profit-making purposes to protect and represent the interests of their members, coordinate their activities, develop interregional and international relations, satisfy scientific, informational and professional interests, develop recommendations for banking activities and solve other joint ventures. tasks of credit organizations. Unions and associations of credit organizations are prohibited from carrying out banking operations.

Unions and associations of credit organizations are created and registered in accordance with the procedure established by the legislation of the Russian Federation for non-profit organizations.

Unions and associations of credit organizations notify the Bank of Russia of their creation within one month after registration.

Article 4. Banking group and bank holding

A banking group is an association of credit institutions that is not a legal entity, in which one (parent) credit institution exercises direct or indirect (through a third party) significant influence on decisions taken by the management bodies of another (other) credit institution (credit institutions).

A bank holding company is an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of a bank holding company) has the ability to directly or indirectly (through a third party) exert a significant influence on decisions accepted by the management bodies of the credit institution (credit institutions).

For the purposes of this Federal Law, significant influence means the ability to determine the decisions made by the management bodies of a legal entity, the conditions for its conduct of business activities due to participation in its authorized capital and (or) in accordance with the terms of an agreement concluded between legal entities that are part of a banking group and (or) a part of a banking holding, to appoint a sole executive body and (or) more than half of the collegiate executive body of a legal entity, as well as the ability to determine the election of more than half of the board of directors (supervisory board) of a legal entity.

The parent credit organization of a banking group, the parent organization of a banking holding company are obliged to notify the Bank of Russia in the manner prescribed by it of the formation of a banking group, banking holding company.

A commercial organization that, in accordance with this Federal Law, may be recognized as the head organization of a bank holding company, for the purpose of managing the activities of all credit institutions included in the bank holding company, has the right to create a management company of the bank holding company. In this case Management Company of a banking holding performs the duties that, in accordance with this Federal Law, are assigned to the head organization of a banking holding.

For the purposes of this Federal Law, the managing company of a bank holding company is recognized as a business entity whose main activity is the management of the activities of credit institutions included in the bank holding company. The management company of a banking holding is not entitled to engage in insurance, banking, production and trade activities. A commercial organization that, in accordance with this Federal Law, may be recognized as the parent organization of a bank holding company, must be able to determine the decisions of the management company of the bank holding company on issues falling within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

Article 5. Banking Operations and Other Transactions of a Credit Organization

Banking transactions include:

1) attraction of funds of individuals and legal entities in deposits (on demand and for a certain period);
2) placement of the attracted funds specified in clause 1 of part one of this article on its own behalf and at its own expense;
3) opening and maintaining bank accounts of individuals and legal entities;
4) implementation of money transfers on behalf of individuals and legal entities, including correspondent banks, through their bank accounts;
5) collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attraction to deposits and placement of precious metals;
8) issuance of bank guarantees;
9) making money transfers without opening bank accounts, including electronic money (except for postal money transfers).

Opening by credit institutions of bank accounts of individual entrepreneurs and legal entities, with the exception of bodies state power, local self-government bodies, is carried out on the basis of certificates of state registration of individuals as individual entrepreneurs, certificates of state registration of legal entities, as well as certificates of registration with a tax authority.

A credit institution, in addition to the banking operations listed in part one of this article, is entitled to carry out the following transactions:

1) issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;
2) acquisition of the right to demand from third parties the fulfillment of obligations in cash;
3) trust management in cash and other property under an agreement with individuals and legal entities;
4) carrying out transactions with precious metals and precious stones in accordance with the legislation of the Russian Federation;
5) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;
6) leasing operations;
7) provision of consulting and information services.

The credit organization is entitled to carry out other transactions in accordance with the legislation of the Russian Federation.

All banking operations and other transactions are carried out in rubles, and in the presence of an appropriate license from the Bank of Russia - in foreign currency.

The rules for conducting banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.

A credit organization is prohibited from engaging in production, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derivative financial instruments and provide for either the obligation of one party to the contract to transfer goods to the other party, or the obligation of one party on the terms specified at the conclusion of the contract, in the event that the other party requests to buy or sell goods, if the obligation under delivery will be terminated without performance in kind.

Money transfers without opening bank accounts, with the exception of electronic money transfers, are carried out on behalf of individuals.

Article 6. Activities of a credit organization in the securities market

In accordance with the license of the Bank of Russia for banking operations, the bank has the right to issue, purchase, sell, record, store and other operations with securities that perform the functions of a payment document, with securities confirming the attraction of funds to deposits and bank accounts, with other securities, the implementation of transactions with which does not require a special license in accordance with federal laws, and is also entitled to exercise trust management of these securities under an agreement with individuals and legal entities.

A credit organization has the right to carry out professional activities in the securities market in accordance with federal laws.

Article 7. Corporate name of a credit institution

A credit institution must have a full company name and may have an abbreviated company name in Russian. A credit organization is also entitled to have a full company name and (or) an abbreviated company name in the languages ​​of the peoples of the Russian Federation and (or) foreign languages.

The trade name of a credit institution in Russian and the languages ​​of the peoples of the Russian Federation may contain foreign borrowings in Russian transcription or in transcriptions of the languages ​​of the peoples of the Russian Federation, with the exception of terms and abbreviations reflecting the organizational and legal form of the credit institution.

The corporate name of a credit institution must contain an indication of the nature of its activities by using the words "bank" or "non-bank credit institution".

Other requirements for the trade name of a credit institution are established by the Civil Code of the Russian Federation.

When considering an application for the state registration of a credit institution, the Bank of Russia must prohibit the use of the credit institution's business name if the proposed business name is already contained in the State Registration Book of Credit Institutions.

The use of the words "Russia", "Russian Federation", "state", "federal" and "central" in the corporate name of a credit institution, as well as words and phrases formed on their basis, is allowed in the manner prescribed by federal laws.

No legal entity in the Russian Federation, with the exception of a legal entity that has received a banking license from the Bank of Russia, may use the words "bank", "credit organization" in its corporate name or otherwise indicate that this legal entity has the right to carry out banking operations.

Article 8

A credit institution is obliged to publish, in the forms and within the time limits established by the Bank of Russia, the following information on its activities:

Quarterly - balance sheet, income statement, information on the level of capital adequacy, on the amount of reserves to cover doubtful loans and other assets;

Annually - balance sheet and income statement with the conclusion of the audit firm (auditor) on their reliability.

A credit institution is obliged, at the request of an individual or legal entity, to provide him with a copy of the license for banking operations, copies of other permits (licenses) issued to it, if the need to obtain these documents is provided for by federal laws, as well as monthly balance sheets for the current year.

For misleading individuals and legal entities by failing to provide information or by providing false or incomplete information, a credit institution shall be liable in accordance with this Federal Law and other federal laws.

The parent credit organization of a banking group, the parent organization of a banking holding company (management company of a banking holding company) annually publish their consolidated accounting reports and consolidated profit and loss statements in the form, procedure and terms established by the Bank of Russia, after confirmation of their reliability by the conclusion of an audit firm (auditor ).

A credit institution licensed by the Bank of Russia to take deposits from individuals is required to disclose information on interest rates under bank deposit agreements with individuals (for the credit institution as a whole without disclosing information on individual individuals) and information on the credit institution’s debt under deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia.

Article 9. Relations between a credit organization and the state

The credit institution is not liable for the obligations of the state. The state is not liable for the obligations of a credit institution, except in cases where the state itself has assumed such obligations.

The credit institution is not liable for the obligations of the Bank of Russia. The Bank of Russia is not liable for the obligations of a credit institution, unless the Bank of Russia has assumed such obligations.

Bodies of legislative and executive power and bodies of local self-government are not entitled to interfere in the activities of credit institutions, except in cases provided for by federal laws.

A credit institution on the basis of a state or municipal contract for the provision of services for state or municipal needs may fulfill certain instructions of the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with funds from the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and settlements with them, ensure the intended use budget funds allocated for the implementation of federal and regional programs. Such a contract should contain mutual obligations of the parties and provide for their responsibilities, conditions and forms of control over the use of budgetary funds.

A credit institution may not be obligated to carry out activities not provided for by its constituent documents, except in cases where the credit institution has assumed the relevant obligations, or in cases provided for by federal laws.

Article 10. Constituent documents of a credit organization

A credit institution has constituent documents provided for by federal laws for a legal entity of the corresponding organizational and legal form.

The charter of a credit institution must contain:

1) company name;
2) an indication of the legal form;
3) information about the address (location) of the governing bodies and separate subdivisions;
4) a list of ongoing banking operations and transactions in accordance with Article 5 of this Federal Law;
5) information on the amount of the authorized capital;
6) information on the system of management bodies, including executive bodies, and internal control bodies, on the procedure for their formation and on their powers;
7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.

A credit organization is obliged to register all changes made to its constituent documents. The documents stipulated by Clause 1 of Article 17 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs" and Bank of Russia regulations shall be submitted by a credit institution to the Bank of Russia in the manner prescribed by it. The Bank of Russia, within a month from the date of submission of all duly executed documents, makes a decision on the state registration of changes made to the constituent documents of a credit institution, and sends it to the federal body authorized in accordance with Article 2 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs" executive power (hereinafter referred to as the authorized registering body) information and documents necessary for the exercise by this body of the functions of maintaining a unified state register of legal entities.

The interaction of the Bank of Russia with the authorized registering body on the issue of state registration of changes made to the constituent documents of a credit institution is carried out in the manner agreed by the Bank of Russia with the authorized registering body.

Article 11. Authorized capital of a credit organization

The authorized capital of a credit organization is made up of the amount of contributions of its participants and determines the minimum amount of property that guarantees the interests of its creditors.

The minimum amount of the authorized capital of a newly registered bank on the day of filing an application for state registration and issuance of a banking license is set at 180 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license providing for the right to make settlements on behalf of legal entities, including correspondent banks, on their bank accounts, as of the date of filing an application for state registration and issuance of a license to carry out banking operations is set at 90 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license for non-bank credit institutions entitled to carry out money transfers without opening bank accounts and other banking operations related to them, as of the date of filing an application for state registration and issuance of a license to carry out banking operations is set at 18 million rubles. The minimum amount of the authorized capital of a newly registered non-banking credit institution that does not apply for the said licenses as of the day of filing an application for state registration and issuance of a banking license is set at 18 million rubles.

Part three is no longer valid.

The Bank of Russia establishes the maximum amount of property (non-monetary) contributions to the authorized capital of a credit institution, as well as a list of types of property in non-monetary form that can be contributed as payment for the authorized capital.

Raised funds may not be used to form the authorized capital of a credit institution. Payment of the charter capital of a credit institution in the event of an increase in its charter capital by offsetting claims against the credit institution is not allowed. The Bank of Russia is entitled to establish the procedure and criteria for assessing the financial position of the founders (members) of a credit institution.

Funds from the federal budget and state off-budget funds, free cash and other objects of property administered by federal government bodies cannot be used to form the authorized capital of a credit institution, except as otherwise provided by federal laws.

Funds from the budgets of the constituent entities of the Russian Federation, local budgets, free cash and other objects of property held by state authorities of the constituent entities of the Russian Federation and local self-government bodies may be used to form the authorized capital of a credit institution on the basis of a legislative act of a constituent entity of the Russian Federation or a decision body of local self-government in the manner prescribed by this Federal Law and other federal laws.

Acquisition and (or) receipt in trust management (hereinafter - acquisition) as a result of one or several transactions by one legal entity or individual or a group of legal entities and (or) individuals linked by an agreement, or a group of legal entities that are subsidiaries or affiliates under relation to each other, more than 1 percent of the shares (stakes) of a credit institution requires notification of the Bank of Russia, more than 20 percent - the preliminary consent of the Bank of Russia. The Bank of Russia not later than 30 days from the date of receipt of the application informs the applicant in writing about its decision - consent or refusal. Refusal must be motivated. If the Bank of Russia does not inform about the decision taken within the specified period, the acquisition of shares (stakes) in a credit institution is considered permitted. The procedure for obtaining the consent of the Bank of Russia for the acquisition of more than 20 percent of the shares (stakes) of a credit institution and the procedure for notifying the Bank of Russia of the acquisition of more than 1 percent of the shares (stakes) of a credit institution shall be established by federal laws and Bank of Russia regulations adopted in accordance with them.

The Bank of Russia has the right to refuse to give consent to the acquisition of more than 20 percent of shares (stakes) in a credit institution if it establishes an unsatisfactory financial position of the purchasers of shares (stakes), violates antimonopoly rules, and also in cases when, in relation to a person acquiring shares (stakes) in a credit organizations that have entered into force judgments, establishing the facts of commission by the specified person of illegal actions in case of bankruptcy, deliberate and (or) fictitious bankruptcy, and in other cases provided for by federal laws.

The Bank of Russia refuses to give consent to the acquisition of more than 20 percent of the shares (stakes) of a credit institution, if the court has previously established the fault of the person acquiring the shares (stakes) of the credit institution in causing losses to any credit institution in the performance of his duties as a member of the board of directors ( supervisory board) of a credit institution, the sole executive body, his deputy and (or) a member of the collegial executive body (board, directorate).

The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration.

Article 11.1. Management bodies of the credit organization

The governing bodies of a credit institution, along with the general meeting of its founders (participants), are the board of directors (supervisory board), the sole executive body and the collective executive body.

The current management of the activities of a credit institution is carried out by the sole executive body and collegial executive body.

The sole executive body, its deputies, members of the collegial executive body (hereinafter referred to as the head of the credit institution), the chief accountant of the credit institution, the head of its branch are not entitled to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or affiliated with a credit institution employing its head, chief accountant, head of its branch, except for the case provided for by this part. In the event that credit institutions are in relation to each other the main and subsidiary business companies, the sole executive body of a subsidiary credit institution shall have the right to hold positions (except for the position of chairman) in the collegiate executive body of the parent credit institution.

Candidates for the positions of members of the board of directors (supervisory board), head of a credit institution, chief accountant, deputy chief accountants of a credit institution, as well as for positions of the head, deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution must meet the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

A credit institution is obliged to notify the Bank of Russia in writing of all proposed appointments to the positions of the head of the credit institution, chief accountant, deputy chief accountants of the credit institution, as well as to the positions of the head, deputy heads, chief accountant, deputy chief accountants of a branch of the credit institution. The notice must contain the information provided for by subparagraph 8 of Article 14 of this Federal Law. The Bank of Russia, within a month from the date of receipt of the said notification, shall agree to the said appointments or submit a reasoned refusal in writing on the grounds provided for in Article 16 of this Federal Law.

A credit institution is obliged to notify the Bank of Russia in writing of the dismissal of the head of a credit institution, chief accountant, deputy chief accountants of a credit institution, as well as the head, deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution no later than the business day following the day making such a decision.

A credit institution is obliged to notify the Bank of Russia in writing of the election (dismissal) of a member of the board of directors (supervisory board) within three days from the date of such decision.

Article 11.2. The minimum amount of own funds (capital) of a credit institution

The minimum amount of own funds (capital) is established for the bank in the amount of 180 million rubles, except for the case provided for by part four of this article.

The amount of own funds (capital) of a non-bank credit institution applying for the status of a bank, on the 1st day of the month in which the corresponding application was submitted to the Bank of Russia, must be at least 180 million rubles.

A banking license granting a credit institution the right to carry out banking operations with funds in rubles and foreign currency, to attract funds from individuals and legal entities in rubles and foreign currency as deposits (hereinafter referred to as a general license), may be issued to a credit institution that has its own funds (capital) of at least 900 million rubles as of the 1st day of the month in which the application for a general license was submitted to the Bank of Russia.

A bank that, as of January 1, 2007, has equity funds (capital) of less than 180 million rubles, is entitled to continue its activities provided that the amount of its equity capital (capital) does not decrease compared to the level reached as of January 1, 2007.

The amount of own funds (capital) of a bank that meets the requirements established by part four of this article, from January 1, 2010, must be at least 90 million rubles.

The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article, from January 1, 2012, must be at least 180 million rubles.

If the bank's own funds (capital) are reduced due to a change by the Bank of Russia in the methodology for determining the amount of a bank's own funds (capital), a bank that had own funds (capital) of 180 million rubles or more as of January 1, 2007 must reach the minimum the amount of own funds (capital) established by this article, calculated according to the new methodology for determining the amount of own funds (capital) of a bank, determined by the Bank of Russia, and a bank that had own funds (capital) as of January 1, 2007 in the amount of less than 180 million rubles - the larger of the two values: the amount of own funds (capital) it had as of January 1, 2007, calculated according to the new methodology for determining the amount of own funds (capital) of a bank, determined by the Bank of Russia, or the amount of own funds (capital) established by parts five and sixth of this article, on the relevant date.

Chapter II. Procedure for registration of credit institutions and licensing of banking operations

Article 12

Credit institutions are subject to state registration in accordance with the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", subject to the special procedure for state registration of credit institutions established by this Federal Law.

The decision on the state registration of a credit institution is made by the Bank of Russia. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by the authorized registering body on the basis of a decision of the Bank of Russia on the appropriate state registration. The interaction of the Bank of Russia with the authorized registering body on issues of state registration of credit institutions is carried out in the manner agreed by the Bank of Russia with the authorized registering body.

For the purpose of exercising its control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in accordance with the procedure established by federal laws and regulations of the Bank of Russia adopted in accordance with them.

For the state registration of credit institutions, a state fee is collected in the manner and in the amount established by the legislation of the Russian Federation.

A credit institution is obliged to inform the Bank of Russia of changes in the information specified in Clause 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on licenses obtained, within three days from the date of such changes. The Bank of Russia, no later than one business day from the date of receipt of the relevant information from the credit institution, notifies the authorized registering body about this, which makes an entry in the Unified State Register of Legal Entities about the change in information about the credit institution.

A banking license for a credit institution shall be issued after its state registration in accordance with the procedure established by this Federal Law and Bank of Russia regulations adopted in accordance with it.

A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.

Article 13. Licensing of banking operations

Banking operations are carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Federal Law, except for the cases specified in part nine of this Article and in the Federal Law "On the National Payment System".

Licenses issued by the Bank of Russia are recorded in the register of issued banking licenses.

The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia (the Bulletin of the Bank of Russia) at least once a year. Changes and additions to the specified register are published by the Bank of Russia within a month from the date of their entry into the register.

The banking license shall indicate the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations may be carried out.

A license for banking operations is issued without limitation of its validity period.

Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails the collection from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in the double amount of this amount to the federal budget. Recovery is carried out in court at the suit of the prosecutor, the relevant federal executive body authorized to do so by federal law, or the Bank of Russia.

The Bank of Russia has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license, if obtaining such a license is mandatory.

Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.

The State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" has the right to carry out banking operations, the right to carry out which is granted to it on the basis of the Federal Law "On the Development Bank".

Article 13.1. Lost strength.

Article 14

For state registration of a credit institution and obtaining a license for banking operations, the following documents are submitted to the Bank of Russia in accordance with the procedure established by it:

1) an application for the state registration of a credit institution and the issuance of a license to carry out banking operations; the application shall also contain information on the address (location) of the permanent executive body of the credit institution, at which communication with the credit institution is carried out;

2) constituent agreement (original or notarized copy), if its signing is provided for by federal law;

3) charter (original or notarized copy);

4) a business plan approved by the meeting of founders (members) of the credit institution, minutes of the meeting of founders (members) containing decisions on the approval of the charter of the credit institution, as well as candidates for appointment to the positions of the head of the credit institution and the chief accountant of the credit institution. The procedure for drawing up a business plan for a credit institution and the criteria for its evaluation are established by Bank of Russia regulations;

5) documents confirming the payment of the state fee for the state registration of a credit institution and for the provision of a license to carry out banking operations when establishing a credit institution;

6) audit reports on the reliability of the financial statements of the founders - legal entities;

7) documents (according to the list established by the regulations of the Bank of Russia) confirming the sources of origin of funds contributed by founders - individuals to the authorized capital of a credit institution;

8) questionnaires of candidates for the positions of the head of the credit institution, chief accountant, deputy chief accountants of the credit institution, as well as for the positions of the head, deputy heads, chief accountant, deputy chief accountants of the branch of the credit institution.
These questionnaires are filled in by these candidates with their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information:

On these persons having higher legal or economic education (with a copy of a diploma or a document replacing it) and experience in managing a department or other subdivision of a credit institution related to banking operations for at least one year, and in the absence of special education, experience in managing such division for at least two years;
on the presence (absence) of a criminal record;

9) questionnaires of candidates for the positions of the sole executive body and chief accountant of a non-bank credit institution entitled to transfer funds without opening bank accounts and other banking operations related to them. These questionnaires are filled in by these candidates with their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information:

On the availability of higher professional education for these persons (with the presentation of a copy of a diploma or a document replacing it);
on the presence (absence) of a criminal record.

In addition to the documents specified in part one of this article, the Central Bank of the Russian Federation independently requests from the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) enterprises, information on state registration of legal entities that are founders credit institution, and requests information from the tax authority on the fulfillment by the founders - legal entities of obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets for the last three years. The credit organization has the right to submit documents containing the specified information on its own initiative.

The provisions of subparagraph 8 of part one of this article shall not apply to the case of submission of documents for the state registration of a non-bank credit institution entitled to transfer funds without opening bank accounts and other related banking operations, and obtaining a license for banking operations.

Article 15

When submitting the documents listed in Article 14 of this Federal Law, the Bank of Russia shall issue to the founders of a credit institution a written confirmation of receipt from them of the documents required for state registration of the credit institution and obtaining a banking license.

A decision on the state registration of a credit institution and the issuance of a license to carry out banking operations or on a refusal to do so shall be made within a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and such a decision shall be made in respect of a non-bank credit institution entitled to implementation of money transfers without opening bank accounts and other banking operations related to them - within a period not exceeding three months.

The Bank of Russia, after making a decision on the state registration of a credit institution, sends to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining the unified state register of legal entities.

On the basis of the said decision taken by the Bank of Russia and the necessary information and documents submitted by it, the authorized registering body, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following after the date of making the corresponding entry, informs the Bank of Russia about it.

The Bank of Russia, no later than three working days from the date of receipt from the authorized registering body of information on the entry about the credit institution made in the Unified State Register of Legal Entities, notifies its founders about this with a demand to pay 100 percent of the declared authorized capital of the credit institution within a month and issues a document to the founders , confirming the fact of making an entry about the credit institution in the unified state register of legal entities.

Non-payment or incomplete payment of the authorized capital within the established period is the basis for the Bank of Russia to apply to the court with a demand to liquidate the credit institution.

To pay for the authorized capital, the Bank of Russia opens a correspondent account with the Bank of Russia for a registered bank, and, if necessary, for a non-bank credit institution. Details of the correspondent account are indicated in the notice of the Bank of Russia on the state registration of a credit institution and the issuance of a license for banking operations.

Upon presentation of documents confirming the payment of 100 percent of the declared authorized capital of a credit institution, the Bank of Russia shall issue a banking license to the credit institution within three days.

Part seven is excluded.

Article 16

Denial of state registration of a credit institution and the issuance of a banking license to it is allowed only on the following grounds:

1) non-compliance of candidates proposed for the positions of the head of a credit institution, the chief accountant of a credit institution and his deputies with the qualification requirements established by federal laws and Bank of Russia regulations adopted in accordance with them. Under the non-compliance of candidates proposed for these positions, these qualification requirements are understood as:

They do not have a higher legal or economic education and experience in managing a department or other subdivision of a credit institution whose activities are related to banking operations, or a lack of two-year experience in managing such a department, subdivision (for candidates for the positions of the sole executive body and chief accountant of a non-banking credit institution, having the right to carry out money transfers without opening bank accounts and other banking operations related to them - they do not have higher professional education);

The presence of a criminal record for committing crimes in the field of economics;

Fulfillment within one year preceding the date of submission to the Bank of Russia of documents for the state registration of a credit institution, administrative offense in the field of trade and finance, established by the decision of the body authorized to consider cases of administrative offenses that has entered into legal force;

The existence, within two years preceding the date of submission of documents to the Bank of Russia for the state registration of a credit institution, of the facts of termination of the employment agreement (contract) with the indicated persons at the initiative of the administration on the grounds provided for in paragraph 2 of Article 254 of the Code of Labor Laws of the Russian Federation;

Within three years preceding the date of submission of documents for the state registration of a credit institution to the Bank of Russia, the credit institution in which each of the said candidates held the position of the head of the credit institution is required to replace him or her as the head of the credit institution in the manner prescribed by the Federal the law "On the Central Bank of the Russian Federation (Bank of Russia)";

Non-compliance of the business reputation of these candidates with the requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them;

Availability of other grounds established by federal laws;

2) the unsatisfactory financial position of the founders of the credit institution or their failure to fulfill their obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;

3) non-compliance of documents submitted to the Bank of Russia for the state registration of a credit institution and obtaining a license for banking operations with the requirements of federal laws and Bank of Russia regulations adopted in accordance with them;

4) non-compliance of the business reputation of candidates for the positions of members of the board of directors (supervisory board) with the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them, they have a criminal record for committing a crime in the field of economics.

The decision to refuse state registration of a credit institution and to issue a banking license to it shall be communicated to the founders of the credit institution in writing and must be motivated.

Denial of state registration of a credit institution and the issuance of a banking license to it, failure of the Bank of Russia to adopt an appropriate decision within the established time limit may be appealed to an arbitration court.

Business reputation in accordance with this article is understood as an assessment of the professional and other qualities of a person, allowing him to hold an appropriate position in the management bodies of a credit institution.

Article 17

For the state registration of a credit organization with foreign investments and a branch of a foreign bank and for their obtaining a license to carry out banking operations, in addition to the documents specified in Article 14 of this Federal Law, the duly executed documents listed below shall be additionally submitted.

A foreign legal entity represents:

1) a decision on his participation in the establishment of a credit institution on the territory of the Russian Federation or on the opening of a bank branch;
2) a document confirming the registration of a legal entity, and balance sheets for the previous three years, confirmed by an audit report;
3) a written consent of the relevant control body of the country of its location to participate in the creation of a credit institution in the territory of the Russian Federation or to open a branch of the bank in cases where such permission is required by the legislation of the country of its location.
A foreign individual submits a first-class (according to international practice) confirmation of the solvency of this person by a foreign bank.

Article 18. Additional requirements for the establishment and operation of credit organizations with foreign investments and branches of foreign banks

The size (quota) of participation of foreign capital in the banking system of the Russian Federation is established by federal law on the proposal of the Government of the Russian Federation, agreed with the Bank of Russia. This quota is calculated as the ratio of the total capital owned by non-residents in the authorized capital of credit institutions with foreign investment and the capital of branches of foreign banks to the total authorized capital of credit institutions registered in the Russian Federation.

The Bank of Russia stops issuing licenses for banking operations to banks with foreign investments, branches of foreign banks upon reaching the established quota.

The Bank of Russia has the right to impose a ban on increasing the charter capital of a credit institution at the expense of non-residents' funds and on the alienation of shares (stakes) in favor of non-residents, if the result of this action is to exceed the quota for participation of foreign capital in the banking system of the Russian Federation.

Part five is no longer valid.

The Bank of Russia shall have the right, upon agreement with the Government of the Russian Federation, to establish restrictions on banking operations for credit institutions with foreign investments and branches of foreign banks, if in the relevant foreign states banks with Russian investments and branches of Russian banks are subject to restrictions in their establishment and activities.

The Bank of Russia has the right to establish, in accordance with the procedure established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", additional requirements for credit institutions with foreign investments and branches of foreign banks regarding the procedure for submitting reports, approving the composition of management and the list of banking operations carried out.

Article 19

In case of violation of federal laws, regulations and instructions of the Bank of Russia, mandatory standards established by it, failure to provide information, provision of incomplete or inaccurate information, failure to provide information to credit history bureaus in case of obtaining the consent of the subject of the credit history, as well as the commission of actions that create a real threat to the interests depositors and creditors, the Bank of Russia has the right, by way of supervision, to apply to a credit institution the measures established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".

Article 20

The Bank of Russia may revoke a banking license from a credit institution in the following cases:

1) establishing the unreliability of the information on the basis of which the said license was issued;
2) delays in the commencement of banking operations provided for by this license for more than one year from the date of its issuance;
3) establishing facts of significant unreliability of reporting data;
4) delays of more than 15 days in the submission of monthly reports (reporting documentation);
5) carrying out, including one-time, banking operations not provided for by the said license;

6) non-compliance with federal laws regulating banking activity, as well as Bank of Russia regulations, if the measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" were repeatedly applied to the credit institution within one year, as well as repeated violations within one year of the requirements provided for by Articles 6 and 7 (with the exception of paragraph 3 of Article 7) of the Federal Law "On counteracting the legalization (laundering) of proceeds from crime".

7) repeated within one year of guilty non-execution of the courts contained in the executive documents, arbitration courts claims for the recovery of funds from the accounts (deposits) of the clients of the credit institution if there are funds in the accounts (deposits) of the said persons;

8) there is a petition from the provisional administration, if by the end of the period of activity of the said administration, established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", there are grounds for its appointment, provided for by the said Federal Law;

9) repeated failure by the credit institution to submit to the Bank of Russia, within the established time limit, updated information required to make changes to the Unified State Register of Legal Entities, with the exception of information on obtained licenses;

10) non-compliance by the credit institution that is the manager of mortgage coverage with the requirements of the Federal Law "On Mortgage Securities" and regulatory legal acts of the Russian Federation issued in accordance with it, as well as non-elimination of violations within the established time limits, if within one year the credit institution was repeatedly subjected to measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".

(In accordance with paragraph 1 of Article 18 of Federal Law No. 224-FZ of July 27, 2010, which enters into force three years after the day of official publication, part one of Article 20 will be supplemented by paragraph 11 of the following content:

"11) repeated violations within one year of the requirements of the Federal Law "On Counteracting the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation" and regulatory legal acts adopted in accordance with it, taking into account the specifics established by the said Federal Law .")

The Bank of Russia is obliged to revoke a banking license in the following cases:

1) if the capital adequacy of the credit institution falls below 2 percent.

If during the last 12 months preceding the moment when, in accordance with this article, the specified license must be revoked from a credit institution, the Bank of Russia changed the methodology for calculating the capital adequacy of credit institutions, for the purposes of this article, the methodology in accordance with which the capital adequacy of a credit organization reaches its maximum value;

2) if the amount of own funds (capital) of the credit institution is below the minimum value of the authorized capital established as of the date of state registration of the credit institution. The said grounds for revocation of a banking license shall not apply to credit institutions during the first two years from the date of issuance of a banking license;

3) if the credit institution fails to fulfill, within the period established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", the requirements of the Bank of Russia to bring the amount of authorized capital and the amount of own funds (capital) into line;

4) if the credit institution is unable to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments within 14 days from the date of their satisfaction and (or) fulfillment. At the same time, these requirements in the aggregate must be at least 1000 times the minimum wage established by federal law;

5) if a bank whose own funds (capital) as of January 1, 2007 is equal to 180 million rubles or more than this amount, for three consecutive months allows a decrease in the amount of own funds (capital) below 180 million rubles, except for a decrease due to a change in methodology determine the amount of own funds (capital), and does not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution;

6) if the bank, the amount of own funds (capital) of which as of January 1, 2007 is less than 180 million rubles, has not reached, as of the relevant date, the amount of own funds (capital) established by parts five and six of Article 11.2 of this Federal Law, or if this bank is in for three consecutive months allows a decrease in the amount of own funds (capital) (except for cases of such a decrease due to the application of a modified methodology for determining the amount of own funds (capital) of a bank) less than the larger of the two values: the amount of own funds (capital) achieved by it as of January 1, 2007 of the year, or the amount of own funds (capital) established by Parts 5 and 6 of Article 11.2 of this Federal Law, and does not file a petition with the Bank of Russia to change its status to the status of a non-bank credit institution;

7) if a bank that, as of January 1, 2007, had its own funds (capital) in the amount equal to 180 million rubles or more, and allowed a decrease in the amount of own funds (capital) below the minimum amount established by Article 11.2 of this Federal Law, due to a change in the methodology for determining the amount of own funds (capital), has not reached the specified minimum amount of own funds (capital) within 12 months and has not submitted an application to the Bank of Russia to change its status to the status of a non-bank credit institution;

8) if a bank that had own funds (capital) as of January 1, 2007 in the amount of less than 180 million rubles and allowed a decrease in the amount of own funds (capital) in comparison with the level achieved as of January 1, 2007 or established on the corresponding date by parts five and the sixth article 11.2 of this Federal Law, due to the application of a modified methodology for determining the amount of own funds (capital) of the bank, within 12 months did not reach the larger of the two values: the amount of own funds (capital) available to him as of January 1, 2007, or the amount of own of funds (capital) established as of the relevant date by Parts 5 and 6 of Article 11.2 of this Federal Law, and did not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution.

In the cases provided for by Part 2 of this Article, the Bank of Russia revokes a credit institution's banking license within 15 days from the date of receipt by the Bank of Russia bodies responsible for revoking the said license of reliable information on the existence of grounds for revoking this license from the credit institution.

Revocation of a banking license on other grounds, with the exception of the grounds provided for by this Federal Law, is not allowed.

The decision of the Bank of Russia to revoke a banking license from a credit institution shall enter into force on the date of adoption of the relevant act of the Bank of Russia and may be appealed within 30 days from the date of publication of a notice on the revocation of a banking license in the Bulletin of the Bank of Russia. An appeal against said decision of the Bank of Russia, as well as the application of measures to secure claims against a credit institution, shall not suspend the said decision of the Bank of Russia.

A notice on revocation of a banking license from a credit institution shall be published by the Bank of Russia in the official publication of the Bank of Russia, Bulletin of the Bank of Russia, within a week from the date of the relevant decision.

After the banking license of a credit institution is revoked, the credit institution must be liquidated in accordance with the requirements of Article 23.1 of this Federal Law, and if it is declared bankrupt, in accordance with the requirements of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".

After revoking a banking license from a credit institution, the Bank of Russia:

No later than the business day following the day of revocation of the said license, appoints a provisional administration to the credit institution in accordance with the requirements of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions";
performs the actions provided for in Article 23.1 of this Federal Law.

From the moment of revocation of the banking license from the credit institution:

1) the time limit for fulfilling the obligations of the credit institution that arose before the date of revocation of the license for banking operations is considered to have come.

At the same time, the amount of monetary obligations and obligations to make obligatory payments of a credit institution denominated in foreign currency is determined in rubles at the exchange rate established by the Bank of Russia on the date of revocation of the banking license from the credit institution;

2) the accrual of interest and financial sanctions stipulated by federal law or an agreement on all types of the credit institution's indebtedness shall be terminated, with the exception of financial sanctions for non-fulfillment or improper fulfillment by the credit institution of its current obligations;

3) the execution of executive documents on property recovery is suspended, the enforcement of other documents, the recovery of which is carried out in an indisputable manner, is not allowed, with the exception of the execution of executive documents on the recovery of debts on current obligations of the credit institution;

4) until the date of entry into force of the decision of the arbitration court on declaring the credit organization insolvent (bankrupt) or on liquidating the credit organization, it is prohibited:

Making transactions with the property of a credit institution, including the fulfillment by a credit institution of obligations, with the exception of transactions related to the current obligations of a credit institution, determined in accordance with this article;
fulfillment of the obligation to make mandatory payments that arose prior to the day the credit institution's banking license was revoked;
termination of obligations to the credit institution by offsetting similar counterclaims;

5) the acceptance and execution of payments on the correspondent accounts of the credit institution to the accounts of the credit institution's customers (individuals and legal entities) are terminated. Credit institutions and institutions of the Bank of Russia return payments received after the date of revocation of the license for banking operations in favor of the clients of the credit institution to the accounts of payers in sending banks.

The current liabilities of a credit institution are understood as:

1) obligations to pay expenses related to the continuation of the activities of the credit institution (including utility, lease and operating payments, expenses for communication services, ensuring the safety of property), expenses for the performance of the functions of the temporary administration appointed by the Bank of Russia to manage the credit institution, payment the labor of persons working under an employment contract, the payment of severance pay to these persons in the event of their dismissal, as well as other expenses associated with the liquidation of a credit institution after the date of revocation of a banking license;

2) obligations to pay mandatory payments arising from the date of revocation of the license for banking operations;

3) obligations to transfer monetary amounts withheld from wages(alimony, personal income tax, trade union and insurance contributions and other payments imposed on the employer in accordance with federal laws) paid to employees of a credit institution in accordance with federal laws.

Payment of expenses related to the fulfillment of current obligations of a credit institution shall be made by the temporary administration appointed by the Bank of Russia to manage the credit institution on the basis of the cost estimate approved by the Bank of Russia.

In the period after the date of revocation of the license to carry out banking operations and until the day the decision of the arbitration court on declaring the credit institution insolvent (bankrupt) or on its liquidation comes into force, the credit institution shall have the right to:

1) collect and receive debt, including on previously issued loans, return advance payments previously made by the credit institution, receive funds from the redemption of securities and income from securities owned by the credit institution;

2) to return the property of the credit institution held by third parties;

3) receive income from earlier banking operations and concluded transactions, as well as from operations related to the professional activities of this credit institution in the securities market;

4) upon agreement with the Bank of Russia, return funds erroneously credited to the correspondent account or correspondent sub-account of the credit institution. The procedure for agreeing on the return of erroneously credited funds is established by the regulations of the Bank of Russia;

5) to return securities or other property to the clients of the credit institution, which are accepted by the credit institution for storage and (or) accounting under trust management agreements or other agreements related to the professional activities of the credit institution in the securities market, with this reflected in the relevant accounts or depo accounts;

6) carry out other actions to perform the functions of the provisional administration appointed by the Bank of Russia to manage a credit institution, provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" and Bank of Russia regulations adopted in accordance with it.

Article 21. Consideration of disputes involving a credit organization

Decisions and actions (inaction) of the Bank of Russia or its officials may be appealed by a credit institution to a court or an arbitration court in accordance with the procedure established by federal laws.

A credit institution has the right to apply to the Bank of Russia with requests and applications in connection with decisions and actions (inaction) of the Bank of Russia, to which the Bank of Russia is obliged to respond within a month on the merits of the issues raised therein.

Disputes between a credit institution and its clients (individuals and legal entities) are resolved in the manner prescribed by federal laws.

Article 22. Branches, representative offices and internal structural subdivisions of a credit organization

A branch of a credit institution is its separate subdivision located outside the location of the credit institution and carrying out on its behalf all or part of the banking operations stipulated by the license of the Bank of Russia issued to the credit institution.

The representative office of a credit institution is its separate subdivision, located outside the location of the credit institution, representing its interests and protecting them. A representative office of a credit organization is not entitled to carry out banking operations.

Branches and representative offices of a credit institution are not legal entities and carry out their activities on the basis of regulations approved by the credit institution that created them.

The heads of branches and representative offices are appointed by the head of the credit institution that created them and act on the basis of a power of attorney issued to them in the prescribed manner.

A credit institution opens branches and representative offices in the Russian Federation from the moment of notification of the Bank of Russia. The notice shall indicate the postal address of the branch (representative office), its powers and functions, information about the managers, the scale and nature of the planned operations, as well as an imprint of its seal and samples of signatures of its leaders.

Part six is ​​no longer valid.

Branches of a credit institution with foreign investment in the territory of the Russian Federation shall be registered by the Bank of Russia in accordance with the procedure established by it.

An internal structural subdivision of a credit institution (its branch) is its (its) subdivision located outside the location of the credit institution (its branch) and carrying out banking operations on its behalf, the list of which is established by Bank of Russia regulations, under a Bank of Russia license issued by the credit institution. organizations (regulations on a branch of a credit institution).

Credit institutions (their branches) have the right to open internal structural subdivisions outside the locations of credit institutions (their branches) in the forms and procedure established by Bank of Russia regulations.

The authority of a branch of a credit institution to make a decision to open an internal structural subdivision must be provided for by the regulation on the branch of a credit institution.

Article 23. Liquidation or reorganization of a credit organization

The liquidation or reorganization of a credit institution shall be carried out in accordance with federal laws subject to the requirements of this Federal Law. At the same time, the state registration of a credit institution in connection with its liquidation and the state registration of a credit institution created through its reorganization shall be carried out in the manner prescribed by the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics established by this Federal Law and adopted in accordance with the regulations of the Bank of Russia. The information and documents required for the state registration of a credit institution in connection with its liquidation and the state registration of a credit institution established through reorganization shall be submitted to the Bank of Russia. The list of the specified information and documents, as well as the procedure for their submission, is determined by the Bank of Russia.

After the Bank of Russia has made a decision on the state registration of a credit institution in connection with its liquidation or the state registration of a credit institution established through its reorganization, it shall send to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining the Unified State Register of Legal Entities.

On the basis of this decision taken by the Bank of Russia and the necessary information and documents submitted by it, the authorized registering body, within five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day of making corresponding entry, notifies the Bank of Russia about it.

Interaction between the Bank of Russia and the authorized registering body on the issue of state registration of a credit institution in connection with its liquidation or on the state registration of a credit institution established through reorganization shall be carried out in the manner agreed by the Bank of Russia with the authorized registering body.

A written notice of the commencement of the procedure for reorganizing a credit institution with an attached decision to reorganize the credit institution shall be sent by the credit institution to the Bank of Russia within three working days after the date of adoption of the said decision. If two or more credit institutions participate in the reorganization, such notification shall be sent by the credit institution that was the last to make a decision on the reorganization of the credit institution or determined by the said decision. The Bank of Russia shall post this notice on its official website on the Internet information and telecommunication network and, no later than one business day from the date of receipt of this notice from the credit institution, send to the authorized registering body information on the commencement of the reorganization procedure of the credit institution (credit institutions) with the attachment of the specified a decision on the basis of which the specified body makes an entry in the unified state register of legal entities that the credit institution (credit institutions) is (are) in the process of reorganization.

The state registration of a credit institution in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia of all duly executed documents.

State registration of a credit institution established by way of reorganization, unless a decision has been made to refuse such registration, shall be carried out within six months from the date of submission to the Bank of Russia of all duly executed documents.

The Bank of Russia has the right to prohibit the reorganization of a credit institution if, as a result of it, grounds arise for the application of measures to prevent insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".

In the event of termination of a credit institution's activities on the basis of a decision of its founders (participants), the Bank of Russia, at the request of the credit institution, shall decide to revoke the banking license. The procedure for the submission by a credit institution of the said application is regulated by the regulations of the Bank of Russia.

If, after the decision of the founders (members) of a credit institution to liquidate it, the Bank of Russia, on the basis of Article 20 of this Federal Law, decides to revoke its banking license, the decision of the founders (members) of the credit institution to liquidate it and other related decisions of the founders (members) of the credit institution or the decisions of the liquidation commission (liquidator) appointed by the founders (members) of the credit institution shall become null and void. A credit institution is subject to liquidation in accordance with the procedure provided for in Article 23.1 of this Federal Law.

If a banking license is annulled or revoked, the credit institution shall return the said license to the Bank of Russia within 15 days from the date of such decision.

The founders (participants) of a credit institution who have made a decision to liquidate it shall appoint a liquidation commission (liquidator), approve the interim liquidation balance sheet and the liquidation balance sheet of the credit institution upon agreement with the Bank of Russia.

The liquidation of a credit institution shall be considered completed, and the credit institution terminated its activities after the authorized registering body makes an appropriate entry in the Unified State Register of Legal Entities.

Article 23.1. Liquidation of a credit institution initiated by the Bank of Russia (forced liquidation)

The Bank of Russia, within 15 days from the date of revocation of a banking license from a credit institution, is obliged to apply to an arbitration court with a demand for the liquidation of a credit institution (hereinafter referred to as the application of the Bank of Russia for the forced liquidation of a credit institution), unless, by the day of revocation of the said the license of the credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".

If, by the date of revocation of a banking license, a credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", or the presence of these signs is established by the provisional administration appointed by the Bank of Russia to manage the credit institution after the date of revocation credit institution of the said license, the Bank of Russia applies to the arbitration court with an application to declare the credit institution insolvent (bankrupt) in accordance with the procedure established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".

The arbitration court considers the application of the Bank of Russia for the forced liquidation of a credit institution in accordance with the rules established by the Arbitration Procedure Code of the Russian Federation, and taking into account the specifics established by this Federal Law. An application by the Bank of Russia for the compulsory liquidation of a credit institution shall be considered by an arbitration court within a period not exceeding one month from the date of filing the said application.

The arbitration court decides on the liquidation of the credit institution and the appointment of a liquidator of the credit institution, unless it is established that there are signs of insolvency (bankruptcy) of the credit institution on the date of revocation of its banking license. When considering an application by the Bank of Russia for the forced liquidation of a credit institution, a preliminary court hearing, as provided for by the Arbitration Procedure Code of the Russian Federation, shall not be held.

The arbitration court sends the decision on the liquidation of the credit institution to the Bank of Russia and the authorized registering body, which makes an entry in the unified state register of legal entities that the credit institution is in the process of liquidation.

Article 23.2. Liquidator of a credit organization

The nomination of a liquidator of a credit organization to an arbitration court and the approval of this candidature by an arbitration court shall be carried out in accordance with the procedure provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Organizations" for the nomination and approval of a bankruptcy commissioner of a credit organization.

The liquidator of a credit institution that had a license from the Bank of Russia to take deposits from individuals is the Deposit Insurance Agency.

The arbitration court approves as the liquidator of a credit organization that did not have a license from the Bank of Russia to attract funds from individuals in deposits, an arbitration manager who meets the requirements of the Federal Law "On Insolvency (Bankruptcy)" and is accredited with the Bank of Russia as a bankruptcy trustee in the event of bankruptcy of credit organizations.

The liquidator of a credit institution begins to exercise his powers from the date of entry into force of the decision of the arbitration court on the liquidation of the credit institution and the appointment of a liquidator of the credit institution and is valid until the date of making an entry on the liquidation of the credit institution in the unified state register of legal entities.

The liquidator of a credit organization in the process of liquidating a credit organization must act in good faith and reasonably and take into account the rights and legitimate interests of creditors of the credit organization, society and the state. The liquidator of a credit institution in the course of the liquidation of a credit institution shall have the rights and fulfill the obligations provided for by this Federal Law, and, to the extent not regulated by it, by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for the bankruptcy trustee of a credit institution.

The release or dismissal of a liquidator of a credit institution from office shall be carried out in accordance with the procedure provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings.

Article 23.3. Consequences of the Arbitration Court's Decision to Liquidate a Credit Organization

The decision of the arbitration court on the liquidation of a credit institution shall enter into force from the date of its adoption. An appeal against a decision of an arbitration court on the liquidation of a credit institution shall not suspend its execution.

From the day the decision of the arbitration court on the liquidation of a credit organization comes into force, the consequences provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Organizations" for the case of declaring the credit organization insolvent (bankrupt) occur.

Article 23.4. Regulation of procedures for the liquidation of a credit institution

The liquidation of a credit institution shall be carried out in the manner and in accordance with the procedures provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings, with the specifics established by this Federal Law.
Creditors of a credit institution in liquidation shall have the rights provided for by this Federal Law, and, to the extent not regulated by it, by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions". The liquidator of a credit organization is obliged to hold the first meeting of creditors of the liquidated credit organization no later than 60 days after the expiry date of the period established for filing creditors' claims.

Control over the activities of the liquidator of a credit institution, the procedure for submitting reports by him to the Bank of Russia, as well as the verification by the Bank of Russia of the activities of the liquidator of a credit institution shall be carried out in the manner prescribed by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings.

After the expiration of the period established for filing claims of the creditors of the credit institution, the liquidator of the credit institution draws up an interim liquidation balance sheet, which must contain information on the composition of the property of the liquidated credit institution, a list of claims of the creditors of the credit institution, as well as the results of their consideration. The interim liquidation balance sheet is considered at a meeting of creditors and (or) a meeting of the committee of creditors of a credit institution and, after such consideration, is subject to agreement with the Bank of Russia.

Claims of a credit institution's creditors shall be satisfied in accordance with the interim liquidation balance sheet starting from the date of its approval by the Bank of Russia and in the order of priority stipulated by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".

The procedure for making transactions with the property of a credit institution that is not included in the bankruptcy estate in accordance with the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" in the event of the insolvency (bankruptcy) of the credit institution is determined by the said Federal Law.

If the funds available to a credit institution are not sufficient to satisfy the claims of the creditors of the credit institution, the liquidator of the credit institution shall sell the property of the credit institution in accordance with the procedure established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".

The term for the liquidation of a credit organization may not exceed 12 months from the date of entry into force of the decision of the arbitration court on the liquidation of the credit organization. The said time limit may be extended by the arbitration court at the justified request of the liquidator of the credit institution.

If, in the course of the liquidation procedure of a credit organization, it becomes apparent that the value of the property of the credit organization in respect of which the decision on liquidation has been made is insufficient to satisfy the claims of creditors of the credit organization, the liquidator of the credit organization shall be obliged to send an application to the arbitration court for declaring the credit organization insolvent (bankrupt).

A report on the results of the liquidation of a credit institution, together with the liquidation balance sheet, shall be heard at a meeting of creditors or a meeting of the committee of creditors of the credit institution and approved by the arbitration court in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy)".

The ruling of the arbitration court on the approval of the report of the liquidator of a credit institution on the results of the liquidation and the completion of the liquidation of the credit institution shall be submitted by the liquidator of the credit institution to the Bank of Russia with the documents provided for by Bank of Russia regulations for state registration of a credit institution in connection with its liquidation, within ten days from date of such determination.

Article 23.5. Features of the reorganization of a credit institution in the form of a merger, acquisition and transformation

Not later than 30 days from the date of the adoption of the decision on the reorganization of the credit institution, the credit institution is obliged to post information about this on its official website on the Internet information and telecommunication network and notify about this decision creditors in one of the following ways:

1) by sending a written notice to each creditor (by post with acknowledgment of receipt) and publishing in a printed publication intended for publishing information on the state registration of legal entities, a message about the decision taken;

2) by publishing a notice of the decision taken in a print publication intended for the publication of information on the state registration of legal entities, as well as in one of the print publications intended for the publication of regulatory legal acts of state authorities of the constituent entity of the Russian Federation on whose territory the branch (branches) is located; ) of this credit institution.

The said notification (message) must contain the following information:

1) on the form of reorganization, the procedure and term for its implementation;

2) in the event of a reorganization in the form of a merger and transformation - on the proposed organizational and legal form, the proposed location of the credit institution created as a result of the reorganization and on the list of banking operations that it intends to carry out;

3) in case of reorganization in the form of merger - on the organizational and legal form, on the location of the credit institution to which the merger is carried out, and on the list of banking operations that such a credit institution carries out and intends to carry out;

The procedure for notifying creditors of a decision to reorganize a credit institution is determined by the general meeting of participants (shareholders) or the board of directors ( supervisory board) a credit institution, if the charter of the credit institution refers this issue to its competence, and is brought to the attention of creditors by posting relevant information in places accessible to them in the credit institution and in all its divisions. The credit institution is obliged, at the request of the person concerned, to provide him with a copy of the said decision. The fee charged by the credit institution for the provision of such a copy cannot exceed the cost of its production.

State registration of a credit institution established as a result of reorganization and entry into the Unified State Register of Legal Entities of records on the termination of the activities of reorganized credit institutions shall be carried out if there is evidence of notification of creditors in the manner prescribed by this article.

A creditor of a credit institution that is an individual in connection with the reorganization of a credit institution has the right to demand early performance of the relevant obligation, and if early performance is impossible, termination of the obligation and compensation for losses, if such an obligation arose before the date:

1) receipt by him of a written notice (in the case of using the method of notifying creditors specified in clause 1 of part one of this article);

2) the publication by the credit institution in a printed publication intended for the publication of information on the state registration of legal entities of a notice on the decision taken to reorganize the credit institution (in the case of using the method of notifying creditors specified in clause 2 of part one of this article).

A creditor of a credit institution being a legal entity, in connection with the reorganization of a credit institution, has the right to demand early performance or termination of the corresponding obligation and compensation for losses, if such a right of claim has been granted to the legal entity in accordance with the terms of the agreement concluded with the credit institution.

The above claims shall be sent by the creditors of the credit institution in writing within 30 days from the date of receipt by the creditor of the notification or within 30 days from the date of publication by the credit institution in a printed publication intended for the publication of information on the state registration of legal entities of a notice of the decision taken to reorganize the credit institution. organizations.

From the date of the adoption of a decision on the reorganization of a credit institution until the date of its completion, a credit institution shall be obliged to disclose information on material facts (events, actions) affecting the financial and economic activities of the credit institution. For the purposes of this Federal Law, such facts (events, actions) mean:

1) reorganization of the credit institution, its subsidiaries and dependent companies;

2) the occurrence of facts that caused a one-time increase or decrease in the value of the credit institution's assets by more than 10 percent, facts that caused a one-time increase in the credit institution's net profit or net losses by more than 10 percent, the performance by the credit institution of one-time transactions, the amount of which or the value of property according to which amounts to 10 or more percent of the assets of the credit institution as of the date of the transaction;

3) the acquisition by a person of at least 5 per cent of the ordinary shares of a credit institution (at least 5 per cent of shares in the authorized capital of a credit institution), as well as any change as a result of which the amount of such shares (stakes) owned by this person has become more or less than 5, 10, 15, 20, 25, 30, 50 or 75 percent of the placed ordinary shares of a credit institution (stakes in the charter capital of a credit institution);

4) information on decisions of general meetings of shareholders (members) of the credit institution;

5) information on accrued and (or) paid income on issuance securities of a credit institution established in the form of a joint-stock company (on a part of the net profit of a credit institution established in the form of a limited liability company or an additional liability company distributed among its participants);

6) in accordance with Chapter XI.1 of Federal Law No. 208-FZ "On Joint Stock Companies" of December 26, 1995, sending a voluntary or mandatory offer (including a competing offer) to the owners of securities of a credit institution established in the form of an open joint stock company on the acquisition of shares, as well as other issue-grade securities convertible into shares, or notices of the right to demand the repurchase of securities or a demand for the repurchase of securities.

Disclosure of information on significant facts (events, actions) affecting the financial and economic activities of a credit institution is carried out by publishing it in the printed publication indicated in the statement of the credit institution on the decision to reorganize the credit institution. Such publication is carried out within a period not exceeding five days from the moment of occurrence of the said facts (events, actions).

A credit institution is obliged to post information about material facts (events, actions) also on its official website on the Internet information and telecommunications network within a period not exceeding three days from the moment the specified facts (events, actions) occur.

The provisions of this article shall also apply when a credit institution is reorganized at the request of the Bank of Russia in the cases established by federal laws.

Chapter III. Ensuring the stability of the banking system, protecting the rights and interests of depositors and creditors of credit institutions

Article 24 financial reliability credit institution

In order to ensure financial reliability, a credit institution is obliged to create reserves (funds), including for the depreciation of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum amounts of reserves (funds) are established by the Bank of Russia. The amount of deductions to reserves (funds) from profit before taxation is established by federal tax laws.

A credit institution is obliged to carry out the classification of assets, separating doubtful and bad debts, and create reserves (funds) to cover possible losses in the manner established by the Bank of Russia.

A credit institution is obliged to comply with the mandatory ratios established in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". The numerical values ​​of the mandatory ratios are established by the Bank of Russia in accordance with the said Federal Law.

A credit institution is obliged to organize internal control that ensures an appropriate level of reliability corresponding to the nature and scale of operations.

When dismissed from office, the sole executive body of a credit institution is obliged to transfer the property and documents of the credit institution to a person from among its leaders. In the absence of such a person at the time of dismissal of the sole executive body, he is obliged to ensure the safety of the property and documents of the credit institution, notifying the Bank of Russia of the measures taken.

Article 25

The Bank is obliged to comply with the required reserve ratio deposited with the Bank of Russia, including the terms, volumes and types of attracted funds. The procedure for depositing required reserves is determined by the Bank of Russia in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".

The Bank is obliged to have an account with the Bank of Russia for holding required reserves. The procedure for opening the said account and carrying out operations on it shall be established by the Bank of Russia.

Article 26. Banking secrecy

A credit institution, the Bank of Russia, an organization that performs the functions of compulsory deposit insurance guarantee the secrecy of transactions, accounts and deposits of their customers and correspondents. All employees of a credit institution are required to keep secret about the operations, accounts and deposits of its customers and correspondents, as well as about other information established by the credit institution, unless this is contrary to federal law.

Certificates on transactions and accounts of legal entities and citizens carrying out entrepreneurial activity without forming a legal entity, are issued by a credit institution to itself, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, customs authorities of the Russian Federation, the federal executive body in the field of financial markets, the Pension Fund of the Russian Federation, the Fund social insurance of the Russian Federation and bodies for the enforcement of judicial acts, acts of other bodies and officials in cases provided for by legislative acts on their activities, and, if there is the consent of the head of the investigative body, to bodies of preliminary investigation in cases that are in their proceedings.

In accordance with the legislation of the Russian Federation, certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to internal affairs bodies in the exercise of their functions to identify, prevent and suppress tax crimes.

Certificates on accounts and deposits of individuals are issued by a credit institution to itself, courts, bodies for the enforcement of judicial acts, acts of other bodies and officials, an organization that performs the functions of compulsory insurance of deposits, upon the occurrence of insured events provided for by the federal law on insurance of deposits of individuals in the banks of the Russian Federation, and with the consent of the head of the investigative body - to the bodies of preliminary investigation in cases being processed by them.

In the event of the death of their owners, certificates on accounts and deposits are issued by a credit institution to persons indicated by the owner of an account or deposit in a testamentary disposition made to a credit institution, to notary offices in respect of inheritance cases pending on the contributions of deceased depositors, and in respect of accounts of foreign citizens - to foreign consular offices. institutions.

Information on operations of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals is provided by credit institutions to the authorized body that takes measures to counter the legalization (laundering) of proceeds from crime, in cases, in the manner and in the amount provided for by the Federal Law "On counteracting the legalization (laundering) of proceeds from crime".

The Bank of Russia, an organization that performs the functions of compulsory deposit insurance, is not entitled to disclose information about accounts, deposits, as well as information about specific transactions and operations from the reports of credit institutions, received by it as a result of the performance of licensing, supervisory and control functions, except for cases prescribed by federal laws.

Auditing organizations are not entitled to disclose to third parties information about operations, accounts and deposits of credit organizations, their clients and correspondents obtained in the course of their audits, except as otherwise provided by federal laws.

The authorized body that takes measures to counter the legalization (laundering) of proceeds from crime shall not be entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime", except in cases provided for by the said Federal Law. The federal executive body in charge of financial markets is not entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Counteracting the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation", except in cases where stipulated by the said Federal Law.

For disclosure of banking secrecy, the Bank of Russia, an organization that performs the functions of compulsory deposit insurance, credit, audit and other organizations, an authorized body that takes measures to counter the legalization (laundering) of proceeds from crime, a currency control body authorized by the Government of the Russian Federation, and currency control agents, as well as their officials and their employees, are liable, including compensation for damage, in accordance with the procedure established by federal law.

An organization that performs the functions of compulsory insurance of deposits is not entitled to disclose to third parties information received in accordance with the federal law on insurance of deposits of individuals in banks of the Russian Federation.

Information on operations of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals with their consent is provided by credit institutions for the purpose of forming credit histories in the credit history bureau in the manner and on the terms that are provided for by the agreement concluded with the credit history bureau in accordance with with the Federal Law "On credit histories".

Banking paying agents guarantee the secrecy of account transactions and accounts of individuals whose payments are accepted by them in accordance with Article 13.1 of this Federal Law.

(In accordance with the Federal Law of June 27, 2011 N 162-FZ, after one year after the day of official publication, part thirteen of Article 26 will be reworded:

"Payment system operators are not entitled to disclose to third parties information about transactions and accounts of payment system participants and their customers, except as otherwise provided by federal laws.")

Documents and information related to the currency transactions, opening and maintaining accounts and provided for by the Federal Law "On Currency Regulation and Currency Control", are provided by credit institutions to the currency control body authorized by the Government of the Russian Federation, tax authorities and customs authorities as currency control agents in the cases, procedure and volume that are provided for by the specified Federal by law.

Currency control bodies and currency control agents are not entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Currency Regulation and Currency Control", except as otherwise provided by federal laws.

Information on trading and clearing accounts of legal entities and on operations on these accounts is provided by credit institutions to the federal executive body in the field of financial markets in the manner prescribed by the Federal Law "On Clearing and Clearing Activities".

The federal executive body in charge of financial markets is not entitled to disclose to third parties information received in accordance with the Federal Law "On Clearing and Clearing Activity".

Operational centres, payment clearing centers are not entitled to disclose to third parties information on operations and accounts of payment system participants and their clients, obtained in the course of rendering operational services, clearing services to payment system participants, except for the transfer of information within the payment system, as well as cases stipulated by federal laws.

The provisions of this article shall apply to information on transactions of clients of credit institutions carried out by bank payment agents (subagents).

The provisions of this article also apply to information on electronic money balances of clients of credit institutions and information on electronic money transfers by credit institutions on the orders of their clients.

Article 27

The funds and other valuables of legal entities and individuals held in accounts and deposits or kept in a credit institution, as well as the balance of electronic funds, may be seized only by a court and an arbitration court, a judge, as well as by order of the authorities preliminary investigation in the presence of a court decision.

When imposing a seizure on the funds on accounts and deposits, or on the balance of electronic funds, the credit institution immediately upon receipt of a decision to impose a seizure shall terminate debit transactions on this account (deposit), as well as the transfer of electronic funds within the limits of the balance of electronic funds that have been seized.

Foreclosure on funds and other valuables of individuals and legal entities that are on accounts and deposits or stored in a credit institution, as well as on the balance of electronic funds, can only be levied on the basis of executive documents in accordance with the legislation of the Russian Federation.

A credit institution, the Bank of Russia shall not be liable for damage caused as a result of the seizure or foreclosure of funds and other valuables of their clients, except as otherwise provided by law.

Confiscation of money and other valuables may be carried out on the basis of a court verdict that has entered into legal force.

Chapter IV. Interbank Relations and Customer Service

Article 28. Interbank transactions

(In accordance with Federal Law No. 162-FZ of June 27, 2011, after one year from the date of official publication, the words "settlement centers and" established in accordance with the established procedure will be deleted.)

Credit institutions on a contractual basis may attract and place funds from each other in the form of deposits (deposits), loans, make settlements through settlement centers and correspondent accounts opened in accordance with the established procedure, and perform other mutual operations provided for by licenses issued by Bank of Russia.

The credit institution informs the Bank of Russia on a monthly basis of newly opened correspondent accounts in the Russian Federation and abroad.

Credit institutions establish correspondent relations with foreign banks registered in the territories of offshore zones of foreign states in the manner determined by the Bank of Russia.

Correspondent relations between a credit institution and the Bank of Russia are carried out on a contractual basis.

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.

If there is a shortage of funds to provide loans to customers and fulfill the obligations assumed, the credit institution may apply for loans to the Bank of Russia on the conditions determined by it.

(In accordance with the Federal Law of June 27, 2011 N 162-FZ, after one year after the day of official publication, Article 28 will be supplemented by part seven of the following content:

"Credit institutions have the right to transfer funds within payment systems that meet the requirements of the Federal Law "On the National Payment System".)

Article 29

Interest rates on loans and (or) the procedure for their determination, including the determination of the amount interest rate on a loan, depending on the change in the conditions stipulated in the loan agreement, interest rates on deposits (deposits) and commission fees on operations are established by the credit institution by agreement with customers, unless otherwise provided by federal law.

A credit institution shall not have the right to unilaterally change the interest rates on loans and (or) the procedure for determining them, the interest rates on deposits (deposits), the commission fee and the validity period of these agreements with clients - individual entrepreneurs and legal entities, with the exception of cases provided for by federal law or an agreement with a client.

Under an agreement on a bank deposit (deposit) made by a citizen on the terms of its issuance after a certain period of time or upon the occurrence of circumstances stipulated by the agreement, the bank cannot unilaterally shorten the term of this agreement, reduce the amount of interest, increase or establish a commission on operations, with the exception of cases provided for by federal law.

Under a loan agreement concluded with a citizen borrower, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the procedure for determining them, increase or establish a commission on operations, except as otherwise provided by federal law .

A credit institution that owns an ATM is obliged to inform the holder of a payment card before the moment he makes settlements using a payment card, sends him instructions to the credit institution on the implementation of settlements on his bank accounts using ATMs belonging to this credit institution, with a warning inscription displayed on the screen of the ATM about the amount of the commission fee established by the credit institution - the owner of the ATM and charged by it for the performance of these operations in addition to the fee established by the agreement between the credit institution that issued the payment card and the holder of this card, or on the absence of such fee, and also reflected based on the results of these operations, information on the commission fee of the credit institution - the owner of the ATM in the event that such a fee is charged on the ATM receipt or on the absence of such fee.

Article 30

Relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law.

The agreement must specify interest rates on loans and deposits (deposits), the cost of banking services and the terms for their performance, including the terms for processing payment documents, the property liability of the parties for violations of the agreement, including liability for violation of obligations on the timing of payments, as well as the procedure for its termination and other essential terms of the contract.

Clients have the right to open the required number of settlement, deposit and other accounts in any currency in banks with their consent, unless otherwise provided by federal law.

The procedure for opening, maintaining and closing customer accounts in rubles and foreign currency by a bank is established by the Bank of Russia in accordance with federal laws.

Members of a credit organization do not have any advantages when considering the issue of obtaining a loan or providing them with other banking services, unless otherwise provided by federal law.

A credit institution is obliged, in the manner prescribed by the Federal Law "On Credit Histories", to submit all available information necessary for the formation of credit histories in relation to all borrowers who have agreed to submit it to at least one credit history bureau included in the state register of bureaus. credit histories.

Before concluding a loan agreement with a borrower - an individual and before changing the terms of a loan agreement with the specified borrower, which entails a change in the total cost of the loan, a credit institution is obliged to provide the borrower - an individual with information on the total cost of the loan, as well as the list and amounts of payments of the borrower - an individual, associated with non-compliance with the terms of the loan agreement.

The credit institution is obliged to determine in the loan agreement the full cost of the loan provided to the borrower - an individual, as well as indicate the list and amounts of payments by the borrower - an individual related to non-compliance with the terms of the loan agreement.

The calculation of the full cost of the loan should include payments by the borrower - an individual under the loan, related to the conclusion and execution of the loan agreement, including payments by the specified borrower in favor of third parties if the obligation of this borrower for such payments follows from the terms of the loan agreement, in which such third parties are identified.

If the full cost of the loan cannot be determined before the conclusion of the loan agreement with the borrower - an individual and before changing the terms of the loan agreement, entailing a change in the total cost of the loan, since the loan agreement implies different amounts of payments of the specified borrower on the loan, depending on his decision, then the credit institution is obliged to bring to the borrower - an individual information about the total cost of the loan, determined on the basis of the maximum possible loan amount and loan term.

The calculation of the full cost of the loan does not include payments by the borrower - an individual on the loan, related to non-compliance with the terms of the loan agreement.

The full cost of the loan is calculated by the credit institution and communicated by it to the borrower - an individual in the manner prescribed by the Bank of Russia.

Article 31

The credit institution makes settlements in accordance with the rules, forms and standards established by the Bank of Russia; in the absence of rules for conducting certain types of settlements - by agreement among themselves; when making international settlements - in the manner prescribed by federal laws and rules adopted in the international banking practice.

A credit institution, the Bank of Russia are obliged to transfer the client's funds and credit funds to his account no later than the next business day after receiving the relevant payment document, unless otherwise provided by federal law, an agreement or a payment document.

In the event of untimely or incorrect crediting or debiting funds from a customer's account, the credit institution or the Bank of Russia shall pay interest on the amount of these funds at the refinancing rate of the Bank of Russia.

Article 32. Antimonopoly rules

Credit institutions are prohibited from entering into agreements and performing concerted actions aimed at monopolizing the banking services market, as well as at restricting competition in banking.

The acquisition of shares (stakes) in credit institutions, as well as the conclusion of agreements providing for the exercise of control over the activities of credit institutions (groups of credit institutions), must not contradict antimonopoly rules.

Compliance with antimonopoly rules in the field of banking services is monitored State Committee Russian Federation for antitrust policy and support of new economic structures jointly with the Bank of Russia.

Article 33. Ensuring the repayment of loans

Credits provided by a bank may be secured by a pledge of immovable and movable property, including government and other securities, bank guarantees, and in other ways provided for by federal laws or an agreement.

If the borrower violates obligations under the agreement, the bank has the right to early collect the granted loans and interest accrued on them, if this is provided for by the agreement, and also levy execution on the pledged property in the manner established by federal law.

Article 34

The credit organization is obliged to take all measures provided for by the legislation of the Russian Federation to collect the debt.
A credit institution has the right to apply to an arbitration court with an application to initiate insolvency (bankruptcy) proceedings against debtors who do not fulfill their obligations to repay debts in accordance with the procedure established by federal laws.

Chapter V. Branches, Representative Offices and Subsidiaries of a Credit Organization in the Territory of a Foreign State

Article 35. Branches, representative offices and subsidiaries of a credit organization in the territory of a foreign state

A credit institution holding a general license may, with the permission of the Bank of Russia, establish branches in the territory of a foreign state and, after notifying the Bank of Russia, representative offices.

A credit institution holding a general license may, with the permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in a foreign state.

The Bank of Russia not later than three months from the date of receipt of the relevant application informs the applicant in writing of its decision - consent or refusal. Refusal must be motivated. If the Bank of Russia has not informed about the decision taken within the specified period, the relevant permission of the Bank of Russia shall be considered received.

Chapter VI. savings business

Article 36. Bank deposits of individuals

Deposit - funds in the currency of the Russian Federation or foreign currency placed by individuals for the purpose of storage and receipt of income. Income on the deposit is paid in cash in the form of interest. The deposit is returned to the depositor at his first request in the manner prescribed for this type of deposit by federal law and the relevant agreement.

Deposits are accepted only by banks that have such a right in accordance with a license issued by the Bank of Russia, participate in the system of compulsory insurance of deposits of individuals in banks and are registered with an organization that performs the functions of compulsory insurance of deposits. Banks ensure the safety of deposits and timely fulfillment of their obligations to depositors. Attraction of funds in deposits is formalized by the agreement in writing in two copies, one of which is issued to the depositor.

The right to attract deposits of individuals' funds may be granted to banks, from the date of state registration of which at least two years have passed. In case of a merger of banks, the specified period is calculated for a bank that has an earlier date of state registration. When the bank is transformed, the specified period is not interrupted.

Part four is no longer valid.

The right to attract deposits of individuals' funds may be granted to a newly registered bank or a bank, from the date of state registration of which less than two years have passed, if:

1) the size of the authorized capital of a newly registered bank or the amount of own funds (capital) of an existing bank is at least 3 billion 600 million rubles;

2) the bank complies with the obligation established by the regulation of the Bank of Russia to disclose to an unlimited circle of persons information about persons that have a significant (direct or indirect) influence on decisions made by the bank's management bodies.

Article 37. Bank depositors

Bank depositors may be citizens of the Russian Federation, foreign citizens and stateless persons.

Depositors are free to choose a bank to deposit their funds and may have deposits in one or more banks.

Depositors can dispose of deposits, receive income from deposits, make non-cash payments in accordance with the agreement.

Article 38. The system of compulsory insurance of deposits of individuals in banks

To provide guarantees for the return of citizens' funds attracted by banks and compensation for the loss of income on invested funds, a system of compulsory insurance of deposits of individuals in banks is being created.

Participants in the system of compulsory insurance of deposits of individuals in banks are an organization that performs the functions of compulsory insurance of deposits, and banks that attract funds from citizens.

The procedure for creating, forming and using the funds of the system of compulsory insurance of deposits of individuals in banks is determined by federal law.

Article 39. Voluntary deposit insurance funds

Banks have the right to create voluntary deposit insurance funds to ensure the return of deposits and the payment of income on them. Voluntary deposit insurance funds are created as non-profit organizations.

The number of banks - founders of the voluntary deposit insurance fund must be at least five with a total authorized capital of at least 20 times the minimum authorized capital established in accordance with this Federal Law for banks as of the date of the fund's creation.

The procedure for the creation, management and operation of voluntary deposit insurance funds is determined by their charters and federal laws.
The Bank is obliged to notify customers of its participation or non-participation in voluntary deposit insurance funds. In case of participation in the voluntary deposit insurance fund, the bank informs the client about the conditions of insurance.

Chapter VII. Accounting in credit institutions and supervision of their activities

Article 40. Accounting rules in a credit organization

The rules for maintaining accounting records, presenting financial and statistical reports, and drawing up annual reports by credit institutions are established by the Bank of Russia, taking into account international banking practice.

The Bank of Russia establishes the specifics of accounting by the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)".

Article 41. Supervision over the activity of a credit organization

Supervision over the activities of a credit institution is carried out by the Bank of Russia in accordance with federal laws.

Article 42

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. The statements of banking groups and the statements of bank holding companies are subject to an annual audit by an audit organization that, in accordance with the legislation of the Russian Federation, has a license to carry out inspections of credit institutions and has been carrying out an audit of credit institutions for at least two years. Licenses to carry out audits of credit institutions are issued in accordance with federal laws to audit organizations that carry out audit activity at least two years.

An audit check of a credit institution, banking groups and banking holding companies is carried out in accordance with the legislation of the Russian Federation.

The audit organization is obliged to draw up an opinion on the results audit containing information on the reliability of the financial statements of the credit institution, its compliance with the mandatory ratios established by the Bank of Russia, the quality of the management of the credit institution, the state of internal control and other provisions determined by federal laws and the charter of the credit institution.

The auditor's report shall be sent to the Bank of Russia within three months from the date of submission to the Bank of Russia of the annual reports of the credit institution, banking groups and bank holding companies.

Article 43

A credit institution submits to the Bank of Russia an annual report (including a balance sheet and a profit and loss statement) after confirmation of its authenticity by an audit organization. If a credit institution is able to exert significant (direct or indirect) influence on the activities of other legal entities (except for credit institutions), it shall prepare and submit the said report on a consolidated basis in the manner determined by the Bank of Russia.

A credit institution publishes in the open press an annual report (including a balance sheet and a profit and loss account) in the form and terms established by the Bank of Russia, after confirmation of its authenticity by an audit organization.

The parent credit institution of a banking group, the parent organization of a banking holding company (the managing company of a banking holding company) prepare and submit to the Bank of Russia, for the purpose of supervising the activities of credit institutions on a consolidated basis, in the manner determined by the Bank of Russia, consolidated statements on the activities of the banking group and consolidated statements on activities of the banking holding, each of which includes a consolidated accounting report, a consolidated profit and loss statement, as well as a risk calculation on a consolidated basis.

For the purposes of compiling, presenting and publishing consolidated financial statements on the activities of the banking group, the said consolidated financial statements must include the financial statements of other legal entities in respect of which the credit institutions that are part of the banking group may have a significant (direct or indirect) influence on the activities and decisions taken by the management bodies of these legal entities.

For the purposes of compiling, presenting and publishing consolidated financial statements on the activities of the banking holding company, the said consolidated financial statements must include the financial statements of other legal entities in respect of which the head organization of the banking holding company (management company of the banking holding company) and (or) credit institutions that are part of the banking of the holding may have a significant (direct or indirect) influence on the decisions made by the management bodies of these legal entities.

Legal entities in respect of which the parent credit organization of the banking group, the parent organization of the banking holding company (management company of the banking holding company) exercise significant (direct or indirect) influence, for the purposes of preparing consolidated financial statements, are required to submit reports on their activities to them.

The parent credit organization of a banking group, the parent organization of a banking holding company (management company of a banking holding company) shall not be entitled to disclose information received from other legal entities included in this banking group (this banking holding company) about their activities, except as otherwise provided by this Federal Law, or cases arising from the tasks of publishing consolidated financial statements.

Chairman
Supreme Soviet of the RSFSR
B.N. Yeltsin

Federal Law "On Banks and Banking Activities" dated December 2, 1990 N 395-1 as amended on March 14, 2013, with amendments and additions,effective from July 31, 2013

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT BANKS AND BANKING

(as amended by Federal Laws No. 17-FZ of 03.02.1996, No. 151-FZ of 31.07.1998, No. 126-FZ of 05.07.1999, No. 136-FZ of 08.07.1999, No. 82-FZ of 19.06.2001 , dated 08/07/2001 N 121-FZ, dated 03/21/2002 N 31-FZ, dated 06/30/2003 N 86-FZ, dated 12/08/2003 N 169-FZ, dated 12/23/2003 N 181-FZ, dated 12/23/2003 N 185-FZ, dated 06/29/2004 N 58-FZ, dated 07/29/2004 N 97-FZ, dated 11/2/2004 N 127-FZ, dated 12/29/2004 N 192-FZ, dated 12/30/2004 N 219-FZ, No. 106-FZ of 21.07.2005, No. 19-FZ of 02.02.2006, No. 60-FZ of 03.05.2006, No. 140-FZ of 27.07.2006, No. 231-FZ of 18.12.2006, No. 231-FZ of 29.12.2006 246-FZ, dated 17.05.2007 N 83-FZ, dated 07.24.2007 N 214-FZ, dated 02.10.2007 N 225-FZ, dated 02.11.2007 N 248-FZ, dated 04.12.2007 N 325-FZ, dated 03/03/2008 N 20-FZ, dated 04/08/2008 N 46-FZ, dated 12/30/2008 N 315-FZ, dated 02/28/2009 N 28-FZ, dated 04/28/2009 N 73-FZ, dated 06/03/2009 N 121 -FZ, dated 24.07.2009 N 213-FZ, dated 25.11.2009 N 281-FZ, dated 27.12.2009 N 352-FZ, dated 15.02.2010 N 11-FZ, dated 08.05.2010 N 83-FZ, dated 01.07 .2010 N 148-FZ, dated July 23, 2010 N 181-FZ, dated July 27, 2010 N 224-FZ, dated 11/15/2010 N 294-FZ, dated 02/07/2011 N 8-FZ (ed. November 21, 2011), No. 162-FZ dated June 27, 2011, No. 169-FZ dated July 1, 2011, No. 200-FZ dated July 11, 2011, No. 329-FZ dated November 21, 2011, No. 391-FZ dated December 3, 2011, No. 409-FZ of 06.12.2011, No. 97-FZ of 29.06.2012, No. 144-FZ of 28.07.2012, No. 231-FZ of 03.12.2012, No. 280-FZ of 29.12.2012, No. 280-FZ of 29.12.2012 282-FZ, dated March 14, 2013 N 29-FZ, as amended by the Decree of the Constitutional Court of the Russian Federation dated February 23, 1999 N 4-P, Federal Laws dated July 8, 1999 N 144-FZ, dated October 27, 2008 N 175-FZ )

Chapter I. GENERAL PROVISIONS

Article 1. Basic Concepts of this Federal Law

A credit organization is a legal entity that, in order to make profit as the main goal of its activities, on the basis of a special permit (license) of the Central Bank of the Russian Federation (Bank of Russia), has the right to carry out banking operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business entity.
Bank - a credit institution that has the exclusive right to carry out the following banking operations in aggregate: attraction of funds from individuals and legal entities to deposits, placement of these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities.
Non-bank credit organization:
1) a credit institution that has the right to carry out exclusively banking operations specified in paragraphs 3 and 4 (only in relation to bank accounts of legal entities in connection with the implementation of money transfers without opening bank accounts), as well as in paragraph 5 (only in connection with the implementation money transfers without opening bank accounts) and Clause 9, Part One, Article 5 of this Federal Law (hereinafter referred to as a non-bank credit institution that has the right to make money transfers without opening bank accounts and other related banking operations);
2) a credit institution that has the right to carry out certain banking operations provided for by this Federal Law. Permissible combinations of banking operations for such a non-bank credit institution are established by the Bank of Russia.
Foreign bank - a bank recognized as such under the laws of a foreign state in whose territory it is registered.

Article 2. Banking system of the Russian Federation and legal regulation of banking activities

The banking system of the Russian Federation includes the Bank of Russia, credit institutions, as well as branches and representative offices of foreign banks.
Legal regulation of banking activities is carried out by the Constitution of the Russian Federation, this Federal Law, the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", other federal laws, regulations of the Bank of Russia.

Article 3. Unions and associations of credit organizations

Credit organizations may create unions and associations that do not pursue profit-making purposes to protect and represent the interests of their members, coordinate their activities, develop interregional and international relations, satisfy scientific, informational and professional interests, develop recommendations for banking activities and solve other joint ventures. tasks of credit organizations. Unions and associations of credit organizations are prohibited from carrying out banking operations.
Unions and associations of credit organizations are created and registered in accordance with the procedure established by the legislation of the Russian Federation for non-profit organizations.
Unions and associations of credit organizations notify the Bank of Russia of their creation within one month after registration.

Article 4. Banking group and bank holding

A banking group is an association of credit institutions that is not a legal entity, in which one (parent) credit institution exercises direct or indirect (through a third party) significant influence on decisions taken by the management bodies of another (other) credit institution (credit institutions).
A bank holding company is an association of legal entities that is not a legal entity with the participation of a credit institution (credit institutions), in which a legal entity that is not a credit institution (the parent organization of a bank holding company) has the ability to directly or indirectly (through a third party) exert a significant influence on decisions accepted by the management bodies of the credit institution (credit institutions).
For the purposes of this Federal Law, significant influence means the ability to determine the decisions made by the management bodies of a legal entity, the conditions for its conduct of business activities due to participation in its authorized capital and (or) in accordance with the terms of an agreement concluded between legal entities that are part of a banking group and (or) a part of a banking holding, to appoint a sole executive body and (or) more than half of the collegiate executive body of a legal entity, as well as the ability to determine the election of more than half of the board of directors (supervisory board) of a legal entity.
The parent credit organization of a banking group, the parent organization of a banking holding company are obliged to notify the Bank of Russia in the manner prescribed by it of the formation of a banking group, banking holding company.
A commercial organization that, in accordance with this Federal Law, may be recognized as the head organization of a bank holding company, for the purpose of managing the activities of all credit institutions included in the bank holding company, has the right to create a management company of the bank holding company. In this case, the management company of the bank holding company shall perform the duties that, in accordance with this Federal Law, are assigned to the head organization of the bank holding company.
For the purposes of this Federal Law, the managing company of a bank holding company is recognized as a business entity whose main activity is the management of the activities of credit institutions included in the bank holding company. The management company of a banking holding is not entitled to engage in insurance, banking, production and trade activities. A commercial organization that, in accordance with this Federal Law, may be recognized as the parent organization of a bank holding company, must be able to determine the decisions of the management company of the bank holding company on issues falling within the competence of the meeting of its founders (participants), including its reorganization and liquidation.

Article 5. Banking Operations and Other Transactions of a Credit Organization

Banking transactions include:
1) attraction of funds of individuals and legal entities in deposits (on demand and for a certain period);
2) placement of the attracted funds specified in clause 1 of part one of this article on its own behalf and at its own expense;
3) opening and maintaining bank accounts of individuals and legal entities;
4) implementation of money transfers on behalf of individuals and legal entities, including correspondent banks, through their bank accounts;
5) collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities;
6) purchase and sale of foreign currency in cash and non-cash forms;
7) attraction to deposits and placement of precious metals;
8) issuance of bank guarantees;
9) making money transfers without opening bank accounts, including electronic money (except for postal money transfers).
Opening by credit institutions of bank accounts of individual entrepreneurs and legal entities, with the exception of state authorities, local authorities, is carried out on the basis of certificates of state registration of individuals as individual entrepreneurs, certificates of state registration of legal entities, as well as certificates of registration in tax authority.
A credit institution, in addition to the banking operations listed in part one of this article, is entitled to carry out the following transactions:
1) issuance of guarantees for third parties, providing for the fulfillment of obligations in cash;
2) acquisition of the right to demand from third parties the fulfillment of obligations in cash;
3) trust management of funds and other property under an agreement with individuals and legal entities;
4) carrying out transactions with precious metals and precious stones in accordance with the legislation of the Russian Federation;
5) leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables;
6) leasing operations;
7) provision of consulting and information services.
The credit organization is entitled to carry out other transactions in accordance with the legislation of the Russian Federation.
All banking operations and other transactions are carried out in rubles, and in the presence of an appropriate license from the Bank of Russia - in foreign currency. The rules for conducting banking operations, including the rules for their material and technical support, are established by the Bank of Russia in accordance with federal laws.
A credit organization is prohibited from engaging in production, trade and insurance activities. These restrictions do not apply to the conclusion of contracts that are derivative financial instruments and provide for either the obligation of one party to the contract to transfer the goods to the other party, or the obligation of one party on the terms specified at the conclusion of the contract, in the event that the other party requests to buy or sell the goods, if the obligation under delivery will be terminated without execution in kind, as well as for the conclusion of contracts in order to perform the functions of a central counterparty in accordance with the Federal Law "On Clearing and Clearing Activities".
Money transfers without opening bank accounts, with the exception of electronic money transfers, are carried out on behalf of individuals.

Article 6. Activities of a credit organization in the securities market

In accordance with the license of the Bank of Russia for banking operations, the bank has the right to issue, purchase, sell, record, store and other operations with securities that perform the functions of a payment document, with securities confirming the attraction of funds to deposits and bank accounts, with other securities, the implementation of transactions with which does not require a special license in accordance with federal laws, and is also entitled to exercise trust management of these securities under an agreement with individuals and legal entities.
A credit organization has the right to carry out professional activities in the securities market in accordance with federal laws.

Article 7. Corporate name of a credit institution

A credit institution must have a full company name and may have an abbreviated company name in Russian. A credit organization is also entitled to have a full company name and (or) an abbreviated company name in the languages ​​of the peoples of the Russian Federation and (or) foreign languages.
The trade name of a credit institution in Russian and the languages ​​of the peoples of the Russian Federation may contain foreign borrowings in Russian transcription or in transcriptions of the languages ​​of the peoples of the Russian Federation, with the exception of terms and abbreviations reflecting the organizational and legal form of the credit institution.
The corporate name of a credit institution must contain an indication of the nature of its activities by using the words "bank" or "non-bank credit institution".
Other requirements for the trade name of a credit institution are established by the Civil Code of the Russian Federation.
When considering an application for the state registration of a credit institution, the Bank of Russia must prohibit the use of the credit institution's business name if the proposed business name is already contained in the State Registration Book of Credit Institutions. The use of the words "Russia", "Russian Federation", "state", "federal" and "central" in the corporate name of a credit institution, as well as words and phrases formed on their basis, is allowed in the manner prescribed by federal laws.
No legal entity in the Russian Federation, with the exception of a legal entity that has received a banking license from the Bank of Russia, may use the words "bank", "credit organization" in its corporate name or otherwise indicate that this legal entity has the right to carry out banking operations.

Article 8

A credit institution is obliged to publish, in the forms and within the time limits established by the Bank of Russia, the following information on its activities:
quarterly - balance sheet, income statement, information on the level of capital adequacy, on the amount of reserves to cover doubtful loans and other assets;
annually - balance sheet and income statement with the conclusion of the audit firm (auditor) on their reliability.
A credit institution is obliged, at the request of an individual or legal entity, to provide him with a copy of the license for banking operations, copies of other permits (licenses) issued to it, if the need to obtain these documents is provided for by federal laws, as well as monthly balance sheets for the current year.
For misleading individuals and legal entities by failing to provide information or by providing false or incomplete information, a credit institution shall be liable in accordance with this Federal Law and other federal laws.
The parent credit organization of a banking group, the parent organization of a banking holding company (management company of a banking holding company) annually publish their consolidated accounting reports and consolidated profit and loss statements in the form, procedure and terms established by the Bank of Russia, after confirmation of their reliability by the conclusion of an audit firm (auditor ).
A credit institution licensed by the Bank of Russia to take deposits from individuals is required to disclose information on interest rates under bank deposit agreements with individuals (for the credit institution as a whole without disclosing information on individual individuals) and information on the credit institution’s debt under deposits of individuals. The procedure for disclosing such information is established by the Bank of Russia.

Article 9. Relations between a credit organization and the state

The credit institution is not liable for the obligations of the state. The state is not liable for the obligations of a credit institution, except in cases where the state itself has assumed such obligations.
The credit institution is not liable for the obligations of the Bank of Russia. The Bank of Russia is not liable for the obligations of a credit institution, unless the Bank of Russia has assumed such obligations.
Bodies of legislative and executive power and bodies of local self-government are not entitled to interfere in the activities of credit institutions, except in cases provided for by federal laws.
A credit institution, on the basis of a state or municipal contract for the provision of services for state or municipal needs, may fulfill certain instructions of the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments, carry out operations with funds from the federal budget, budgets of the constituent entities of the Russian Federation and local budgets and settlements with them, ensure the targeted use of budgetary funds allocated for the implementation of federal and regional programs. Such a contract should contain mutual obligations of the parties and provide for their responsibilities, conditions and forms of control over the use of budgetary funds.
A credit institution may not be obligated to carry out activities not provided for by its constituent documents, except in cases where the credit institution has assumed the relevant obligations, or in cases provided for by federal laws.

Article 10. Constituent documents of a credit organization

A credit institution has constituent documents provided for by federal laws for a legal entity of the corresponding organizational and legal form.
The charter of a credit institution must contain:
1) company name;
2) an indication of the legal form;
3) information about the address (location) of the governing bodies and separate subdivisions;
4) a list of ongoing banking operations and transactions in accordance with Article 5 of this Federal Law;
5) information on the amount of the authorized capital;
6) information on the system of management bodies, including executive bodies, and internal control bodies, on the procedure for their formation and on their powers;
7) other information provided for by federal laws for the charters of legal entities of the specified organizational and legal form.
A credit organization is obliged to register all changes made to its constituent documents. The documents stipulated by Clause 1 of Article 17 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs" and Bank of Russia regulations shall be submitted by a credit institution to the Bank of Russia in the manner prescribed by it. The Bank of Russia, within a month from the date of submission of all duly executed documents, makes a decision on the state registration of changes made to the constituent documents of a credit institution, and sends it to the federal body authorized in accordance with Article 2 of the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs" executive power (hereinafter referred to as the authorized registering body) information and documents necessary for the exercise by this body of the functions of maintaining a unified state register of legal entities.
On the basis of the said decision taken by the Bank of Russia and the necessary information and documents submitted by it, the authorized registering body, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following after the date of making the corresponding entry, informs the Bank of Russia about it. The interaction of the Bank of Russia with the authorized registering body on the issue of state registration of changes made to the constituent documents of a credit institution is carried out in the manner agreed by the Bank of Russia with the authorized registering body.

Article 11. Authorized capital of a credit organization

The authorized capital of a credit organization is made up of the amount of contributions of its participants and determines the minimum amount of property that guarantees the interests of its creditors.
The minimum amount of the authorized capital of a newly registered bank on the day of filing an application for state registration and issuance of a license for banking operations is set at 300 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license providing for the right to make settlements on behalf of legal entities, including correspondent banks, on their bank accounts, as of the date of filing an application for state registration and issuance of a license to carry out banking operations is set at 90 million rubles. The minimum amount of the authorized capital of a newly registered non-bank credit institution applying for a license for non-bank credit institutions entitled to carry out money transfers without opening bank accounts and other banking operations related to them, as of the date of filing an application for state registration and issuance of a license to carry out banking operations is set at 18 million rubles. The minimum amount of the authorized capital of a newly registered non-banking credit institution that does not apply for the said licenses as of the day of filing an application for state registration and issuance of a banking license is set at 18 million rubles.
Part three is no longer valid. - Federal Law of February 28, 2009 N 28-FZ.
The Bank of Russia establishes the maximum amount of property (non-monetary) contributions to the authorized capital of a credit institution, as well as a list of types of property in non-monetary form that can be contributed as payment for the authorized capital.
Raised funds may not be used to form the authorized capital of a credit institution. Payment of the charter capital of a credit institution in the event of an increase in its charter capital by offsetting claims against the credit institution is not allowed, with the exception of monetary claims for the payment of declared dividends in cash. The Bank of Russia is entitled to establish the procedure and criteria for assessing the financial position of the founders (members) of a credit institution.
Funds from the federal budget and state off-budget funds, free cash and other objects of property administered by federal government bodies cannot be used to form the authorized capital of a credit institution, except as otherwise provided by federal laws.
Funds from the budgets of the constituent entities of the Russian Federation, local budgets, free cash and other objects of property held by state authorities of the constituent entities of the Russian Federation and local self-government bodies may be used to form the authorized capital of a credit institution on the basis of a legislative act of a constituent entity of the Russian Federation or a decision body of local self-government in the manner prescribed by this Federal Law and other federal laws.
Unless otherwise provided by federal laws, the acquisition (except for the case when shares (stakes) are acquired when a credit institution is being established) and (or) receipt in trust management (hereinafter referred to as the acquisition) as a result of one transaction or several transactions by one legal entity or individual more than one percent of the shares (stakes) of a credit institution require notification of the Bank of Russia, and more than 20 percent require the prior consent of the Bank of Russia.
The prior consent of the Bank of Russia is also required for the establishment by a legal entity or an individual, as a result of one transaction or several transactions, of direct or indirect (through third parties) control over the shareholders (members) of a credit institution owning more than 20 percent of the shares (stakes) of a credit institution (hereinafter referred to as - establishment of control over the shareholders (members) of the credit institution).
The requirements established by this article shall also apply to cases of acquisition of more than one percent of shares (stakes) in a credit institution, more than 20 percent of shares (stakes) of a credit institution and (or) in the case of establishing control over shareholders (members) of a credit institution by a group of persons recognized as such in accordance with the Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition".
The Bank of Russia, no later than 30 days from the date of receipt of the application for the consent of the Bank of Russia to conclude a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution, informs the applicant in writing about his decision - on consent or refusal. If the Bank of Russia does not inform about the decision taken within the specified period, the corresponding transaction (transactions) is considered agreed.
A notice of the acquisition of more than one percent of the shares (stakes) of a credit institution shall be sent to the Bank of Russia no later than 30 days from the date of such acquisition.
The consent of the Bank of Russia to conclude a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution may be obtained after the transaction (hereinafter referred to as the subsequent consent) if the acquisition of shares in a credit institution and (or) the establishment of control over shareholders (members) of a credit institution is carried out during a public offering of shares, as well as in other cases established by this Federal Law. The possibility of obtaining subsequent consent provided for by this part also applies to the acquisition of more than 20 percent of the shares of a credit institution in the course of a public offering of shares and (or) to the establishment of control over shareholders (members) of a credit institution by a group of persons recognized as such in accordance with the Federal Law of July 26, 2006 of the year N 135-FZ "On Protection of Competition".
The procedure for obtaining the preliminary consent and subsequent consent of the Bank of Russia to conclude a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution, and the procedure for notifying the Bank of Russia of acquisition of more than one percent of shares (stakes) in a credit institution are established by federal laws and Bank of Russia regulations adopted in accordance with them.
The Bank of Russia has the right to refuse to give consent to a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution, in cases where an unsatisfactory financial position of a person is established making a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution, violating antimonopoly rules, as well as in cases where, in relation to a person committing a transaction (transactions) aimed at acquiring more than 20 percent of the shares (stakes) of a credit institution and (or) establishing control over shareholders (members) of a credit institution, there are court decisions that have entered into force and established the facts of the commission of unlawful actions by the specified person in bankruptcy , intentional and (or) fictitious bankruptcy, and in other cases stipulated by federal laws.
The Bank of Russia refuses to give consent to the conclusion of a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution, if the court previously established the fault of the person committing a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) establishing control over shareholders (members) of a credit institution, inflicting losses on any credit institution in the performance of its duties as a member of the board of directors (supervisory council) of a credit institution, the sole executive body, his deputy and (or) a member of the collegial executive body (board, directorate).
The founders of the bank do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration.

Article 11.1. Management bodies of the credit organization

The governing bodies of a credit institution, along with the general meeting of its founders (participants), are the board of directors (supervisory board), the sole executive body and the collective executive body.
The current management of the activities of a credit institution is carried out by the sole executive body and collegial executive body.
The sole executive body, its deputies, members of the collegial executive body (hereinafter referred to as the head of the credit institution), the chief accountant of the credit institution, the head of its branch are not entitled to hold positions in other organizations that are credit or insurance organizations, professional participants in the securities market, as well as in organizations engaged in leasing activities or affiliated with a credit institution employing its head, chief accountant, head of its branch, except for the case provided for by this part. If credit institutions are in relation to each other the main and subsidiary economic companies, the sole executive body of the subsidiary credit institution has the right to hold positions (except for the position of the chairman) in the collegiate executive body of the credit institution - the parent company.
Candidates for the positions of members of the board of directors (supervisory board), head of a credit institution, chief accountant, deputy chief accountants of a credit institution, as well as for positions of the head, deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution must meet the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them.
A credit institution is obliged to notify the Bank of Russia in writing of all proposed appointments to the positions of the head of the credit institution, chief accountant, deputy chief accountants of the credit institution, as well as to the positions of the head, deputy heads, chief accountant, deputy chief accountants of a branch of the credit institution. The notice must contain the information provided for by subparagraph 8 of Article 14 of this Federal Law. The Bank of Russia, within a month from the date of receipt of the said notification, shall agree to the said appointments or submit a reasoned refusal in writing on the grounds provided for in Article 16 of this Federal Law.
A credit institution is obliged to notify the Bank of Russia in writing of the dismissal of the head of a credit institution, chief accountant, deputy chief accountants of a credit institution, as well as the head, deputy heads, chief accountant, deputy chief accountants of a branch of a credit institution no later than the business day following the day making such a decision.
A credit institution is obliged to notify the Bank of Russia in writing of the election (dismissal) of a member of the board of directors (supervisory board) within three days from the date of such decision.

Article 11.2. The minimum amount of own funds (capital) of a credit institution

The minimum amount of own funds (capital) is established for the bank in the amount of 300 million rubles, except for the cases provided for by parts four to seven of this article.
The amount of own funds (capital) of a non-bank credit institution applying for the status of a bank, on the 1st day of the month in which the corresponding application was submitted to the Bank of Russia, must be at least 300 million rubles.
A banking license granting a credit institution the right to carry out banking operations with funds in rubles and foreign currency, to attract funds from individuals and legal entities in rubles and foreign currency as deposits (hereinafter referred to as a general license), may be issued to a credit institution that has its own funds (capital) of at least 900 million rubles as of the 1st day of the month in which the application for a general license was submitted to the Bank of Russia.
A bank that had own funds (capital) of less than 180 million rubles as of January 1, 2007 is entitled to continue its activities provided that the amount of its own funds (capital) does not decrease in comparison with the level reached as of January 1, 2007.
The amount of own funds (capital) of a bank that meets the requirements established by part four of this article, from January 1, 2010, must be at least 90 million rubles.
The amount of own funds (capital) of a bank that meets the requirements established by parts four and five of this article, as well as a bank established after January 1, 2007, from January 1, 2012 must be at least 180 million rubles.
The amount of own funds (capital) of a bank that meets the requirements established by parts four to six of this article, as well as a bank established after January 1, 2007, from January 1, 2015 must be at least 300 million rubles.
If the bank's own funds (capital) decrease as a result of a change by the Bank of Russia in the methodology for determining the amount of a bank's own funds (capital), a bank that had own funds (capital) of 180 million rubles or more as of January 1, 2007, as well as a bank established after 1 January 2007, within 12 months should reach the amount of own funds (capital) in the amount of 180 million rubles, and from January 1, 2015 - 300 million rubles, calculated according to the new methodology for determining the amount of own funds (capital) of the bank, determined by the Bank of Russia, and a bank that had own funds (capital) as of January 1, 2007 in the amount of less than 180 million rubles - the larger of the two values: the amount of own funds (capital) it had as of January 1, 2007, calculated according to the new methodology for determining the amount of own funds (capital) of a bank determined by the Bank of Russia, or the amount of own funds (capital) established by parts five - seven my present article, on the appropriate date.

Article 11.3. Elimination of violations committed during the acquisition and (or) receipt of shares (stakes) of a credit institution in trust management

If the Bank of Russia discovers that the acquirer of shares (stakes) in a credit institution or the person who has established control over shareholders (members) of a credit institution violates the requirements of this Federal Law and Bank of Russia regulations adopted in accordance with it on obtaining prior consent or subsequent consent of the Bank of Russia for the conclusion of a transaction (transactions) aimed at acquiring more than 20 percent of shares (stakes) in a credit institution and (or) at establishing control over shareholders (members) of a credit institution, the Bank of Russia shall issue an order to eliminate such a violation by this person.
The Bank of Russia order to eliminate the violation shall be sent by the Bank of Russia no later than 30 days from the date of discovery of such a violation to the following persons:
1) a person who has entered into a transaction (transactions) aimed at acquiring more than 20 per cent of the shares (stakes) of a credit institution in violation;
2) a person who has established control over a shareholder (member) of a credit institution in violation.
Copies of the order of the Bank of Russia specified in part two of this article shall be sent to the credit institution whose shares (stakes) were acquired in violation and (or) control over whose shareholders (members) was established in violation, and to the shareholder (member) of the credit institution, control in respect of which it was established in violation.
The order of the Bank of Russia to eliminate the relevant violation is subject to execution by the acquirer of shares (stakes) in a credit institution or by the person who established control over the shareholders (members) of the credit institution who committed the violation, within a period not exceeding 90 days from the date of receipt of such an act in one of the following ways:
1) obtaining from the Bank of Russia a subsequent consent to the acquisition of shares (stakes) of a credit institution and (or) the establishment of control over shareholders (members) of a credit institution carried out in violation, in the manner established by a Bank of Russia regulation;
2) making a transaction (transactions) aimed at the alienation of shares (stakes) of a credit institution (termination of trust management of shares (stakes) of a credit institution), which were acquired in violation, and (or) at the termination of control over shareholders (members) of a credit institution, established in violation.
A person who has fulfilled the Bank of Russia’s order to eliminate the violation by making transactions specified in Clause 2 of Part 4 of this Article must notify the credit institution and the Bank of Russia of this no later than five days from the date of execution of the order in accordance with the procedure established by the Bank of Russia.
The form of the Bank of Russia order to eliminate the violation is established by a Bank of Russia regulation.
From the date of receipt of the Bank of Russia order to eliminate the violation by the credit institution whose shares (stakes) were acquired and (or) whose shareholders (members) control was established in violation, and until the day it is executed or canceled by the acquirer of the shares (stakes) of the credit institution who allowed violation, and (or) a shareholder (participant) of the credit institution, control over which was established with violation, have the right to vote only for shares (stakes) of the credit institution that do not exceed 20 percent of the shares (stakes) of the credit institution (additional threshold values ​​that exceed 20 percent and for which a separate prior consent or subsequent consent has not been obtained, if the need to obtain such consent is provided for by Bank of Russia regulations). The remaining shares (stakes) of the credit institution acquired in violation and (or) owned by the shareholder (member) of the credit institution, control over which was established in violation, are not voting and are not taken into account when determining the quorum of the general meeting of shareholders (members) of the credit institution.
The Bank of Russia has the right to appeal in court the decisions of the general meeting of shareholders (members) of a credit institution adopted in violation of the requirements established by part seven of this article, and the transactions made in pursuance of these decisions, if participation in the voting by shares (interests) acquired with violation, or participation in the voting of shareholders (members) of the credit institution, control over which was established with violation, influenced the decisions taken by the general meeting of shareholders (members) of the credit institution.
If the acquirer of shares (stakes) in a credit institution and (or) the person who has established control over the shareholders (members) of a credit institution fails to comply with the Bank of Russia’s order to eliminate the violation within the established time limit, the Bank of Russia shall have the right to file a claim for invalidation of the transaction (transactions) directed for the acquisition of more than 20% of shares (stakes) in a credit institution and (or) for the establishment of control over shareholders (members) of a credit institution, as well as subsequent transactions of these persons aimed at acquiring shares (stakes) of this credit institution and (or) for establishing control over the shareholders (members) of this credit institution.

Chapter II. PROCEDURE FOR REGISTRATION OF CREDIT ORGANIZATIONS
AND LICENSING OF BANKING OPERATIONS

Article 12

Credit institutions are subject to state registration in accordance with the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", subject to the special procedure for state registration of credit institutions established by this Federal Law.
The decision on the state registration of a credit institution is made by the Bank of Russia. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of credit institutions, as well as other information provided for by federal laws, is carried out by the authorized registering body on the basis of a decision of the Bank of Russia on the appropriate state registration. The interaction of the Bank of Russia with the authorized registering body on issues of state registration of credit institutions is carried out in the manner agreed by the Bank of Russia with the authorized registering body.
For the purpose of exercising its control and supervisory functions, the Bank of Russia maintains the Book of State Registration of Credit Institutions in accordance with the procedure established by federal laws and regulations of the Bank of Russia adopted in accordance with them.
For the state registration of credit institutions, a state fee is collected in the manner and in the amount established by the legislation of the Russian Federation.
A credit institution is obliged to inform the Bank of Russia of changes in the information specified in Clause 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information on licenses obtained, within three days from the date of such changes. The Bank of Russia, no later than one business day from the date of receipt of the relevant information from the credit institution, notifies the authorized registering body about this, which makes an entry in the Unified State Register of Legal Entities about the change in information about the credit institution.
A banking license for a credit institution shall be issued after its state registration in accordance with the procedure established by this Federal Law and Bank of Russia regulations adopted in accordance with it.
A credit institution has the right to carry out banking operations from the moment it receives a license issued by the Bank of Russia.
Part eight became invalid on January 1, 2007. - Federal Law of 03.05.2006 N 60-FZ.

Article 13. Licensing of banking operations

Banking operations are carried out only on the basis of a license issued by the Bank of Russia in the manner established by this Federal Law, except for the cases specified in Parts nine and ten of this Article and in the Federal Law "On the National Payment System".
Licenses issued by the Bank of Russia are recorded in the register of issued banking licenses.
The register of licenses issued to credit institutions is subject to publication by the Bank of Russia in the official publication of the Bank of Russia (the Bulletin of the Bank of Russia) at least once a year. Changes and additions to the specified register are published by the Bank of Russia within a month from the date of their entry into the register.
The banking license shall indicate the banking operations to which the given credit institution is entitled, as well as the currency in which these banking operations may be carried out.
A license for banking operations is issued without limitation of its validity period.
Carrying out banking operations by a legal entity without a license, if obtaining such a license is mandatory, entails the collection from such a legal entity of the entire amount received as a result of these operations, as well as the collection of a fine in the double amount of this amount to the federal budget. Recovery is carried out in court at the suit of the prosecutor, the relevant federal executive body authorized to do so by federal law, or the Bank of Russia.
The Bank of Russia has the right to file a claim with an arbitration court for the liquidation of a legal entity carrying out banking operations without a license, if obtaining such a license is mandatory.
Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law.
The State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)" has the right to carry out banking operations, the right to carry out which is granted to it on the basis of the Federal Law "On the Development Bank".
A commercial organization that is not a credit institution and performs the functions of a central counterparty in accordance with the Federal Law "On Clearing and Clearing Activities" is entitled to carry out, without a license issued by the Bank of Russia, the operations specified in Clause 6, Part One, Article 5 of this Federal Law, when concluding on the exchange of contracts for the acquisition (alienation) of foreign currency in order to perform the functions of a central counterparty.

Article 13.1. Lost strength. - Federal Law of June 27, 2011 N 162-FZ.

Article 14

For state registration of a credit institution and obtaining a license for banking operations, the following documents are submitted to the Bank of Russia in accordance with the procedure established by it:
1) an application for the state registration of a credit institution and the issuance of a license to carry out banking operations; the application shall also contain information on the address (location) of the permanent executive body of the credit institution, at which communication with the credit institution is carried out;
2) constituent agreement (original or notarized copy), if its signing is provided for by federal law;
3) charter (original or notarized copy);
4) a business plan approved by the meeting of founders (members) of the credit institution, minutes of the meeting of founders (members) containing decisions on the approval of the charter of the credit institution, as well as candidates for appointment to the positions of the head of the credit institution and the chief accountant of the credit institution. The procedure for drawing up a business plan for a credit institution and the criteria for its evaluation are established by Bank of Russia regulations;
5) documents confirming the payment of the state fee for the state registration of a credit institution and for the provision of a license to carry out banking operations when establishing a credit institution;
6) audit reports on the reliability of the financial statements of the founders - legal entities;
7) documents (according to the list established by the regulations of the Bank of Russia) confirming the sources of origin of funds contributed by founders - individuals to the authorized capital of a credit institution;
8) questionnaires of candidates for the positions of the head of the credit institution, chief accountant, deputy chief accountants of the credit institution, as well as for the positions of the head, deputy heads, chief accountant, deputy chief accountants of the branch of the credit institution. These questionnaires are filled in by these candidates with their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information:
that these persons have a higher legal or economic education (with a copy of a diploma or a document replacing it) and experience in managing a department or other subdivision of a credit institution related to banking operations for at least one year, and in the absence of special education, experience in managing such division for at least two years;
on the presence (absence) of a criminal record;
9) questionnaires of candidates for the positions of the sole executive body and chief accountant of a non-bank credit institution entitled to transfer funds without opening bank accounts and other banking operations related to them. These questionnaires are filled in by these candidates with their own hands and must contain the information established by the regulations of the Bank of Russia, as well as information:
on the availability of higher professional education for these persons (with the presentation of a copy of a diploma or a document replacing it);
on the presence (absence) of a criminal record.
In addition to the documents specified in part one of this article, the Central Bank of the Russian Federation independently requests from the federal executive body that carries out state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) enterprises, information on state registration of legal entities that are founders credit institution, and requests information from the tax authority on the fulfillment by the founders - legal entities of obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets for the last three years. The credit organization has the right to submit documents containing the specified information on its own initiative.
The provisions of subparagraph 8 of part one of this article shall not apply to the case of submission of documents for the state registration of a non-bank credit institution entitled to transfer funds without opening bank accounts and other related banking operations, and obtaining a license for banking operations.

Article 15

When submitting the documents listed in Article 14 of this Federal Law, the Bank of Russia shall issue to the founders of a credit institution a written confirmation of receipt from them of the documents required for state registration of the credit institution and obtaining a banking license.
A decision on the state registration of a credit institution and the issuance of a license to carry out banking operations or on a refusal to do so shall be made within a period not exceeding six months from the date of submission of all documents provided for by this Federal Law, and such a decision shall be made in respect of a non-bank credit institution entitled to implementation of money transfers without opening bank accounts and other banking operations related to them - within a period not exceeding three months.
The Bank of Russia, after making a decision on the state registration of a credit institution, sends to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining the unified state register of legal entities.
On the basis of the said decision taken by the Bank of Russia and the necessary information and documents submitted by it, the authorized registering body, within a period of not more than five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following after the date of making the corresponding entry, informs the Bank of Russia about it.
The Bank of Russia, no later than three working days from the date of receipt from the authorized registering body of information on the entry about the credit institution made in the Unified State Register of Legal Entities, notifies its founders about this with a demand to pay 100 percent of the declared authorized capital of the credit institution within a month and issues a document to the founders , confirming the fact of making an entry about the credit institution in the unified state register of legal entities.
Non-payment or incomplete payment of the authorized capital within the established period is the basis for the Bank of Russia to apply to the court with a demand to liquidate the credit institution.
To pay for the authorized capital, the Bank of Russia opens a correspondent account with the Bank of Russia for a registered bank, and, if necessary, for a non-bank credit institution. Details of the correspondent account are indicated in the notice of the Bank of Russia on the state registration of a credit institution and the issuance of a license for banking operations.
Upon presentation of documents confirming the payment of 100 percent of the declared authorized capital of a credit institution, the Bank of Russia shall issue a banking license to the credit institution within three days.
Part seven is excluded. - Federal Law of June 19, 2001 N 82-FZ.

Article 16

Denial of state registration of a credit institution and the issuance of a banking license to it is allowed only on the following grounds:
1) non-compliance of candidates proposed for the positions of the head of a credit institution, the chief accountant of a credit institution and his deputies with the qualification requirements established by federal laws and Bank of Russia regulations adopted in accordance with them. Under the non-compliance of candidates proposed for these positions, these qualification requirements are understood as:
their lack of higher legal or economic education and experience in managing a department or other division of a credit institution whose activities are related to banking operations, or lack of two-year experience in managing such a department or division (for candidates for the positions of the sole executive body and chief accountant of a non-banking credit institution, having the right to carry out money transfers without opening bank accounts and other banking operations related to them - they do not have higher professional education);
the presence of a criminal record for committing crimes in the field of economics;
committing, within one year preceding the date of submission of documents to the Bank of Russia for the state registration of a credit institution, an administrative offense in the field of trade and finance, established by a decision of the body authorized to consider cases of administrative offenses that has entered into force;
the presence, within two years preceding the date of submission of documents to the Bank of Russia for the state registration of a credit institution, of the facts of termination of the employment agreement (contract) with the indicated persons at the initiative of the administration on the grounds provided for in paragraph 2 of Article 254 of the Code of Labor Laws of the Russian Federation;
within three years preceding the date of filing documents for the state registration of a credit institution with the Bank of Russia, the credit institution in which each of the said candidates held the position of the head of the credit institution is required to replace him or her as the head of the credit institution in the manner prescribed by the Federal the law "On the Central Bank of the Russian Federation (Bank of Russia)";
non-compliance of the business reputation of these candidates with the requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them;
availability of other grounds established by federal laws;
2) the unsatisfactory financial position of the founders of the credit institution or their failure to fulfill their obligations to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;
3) non-compliance of documents submitted to the Bank of Russia for the state registration of a credit institution and obtaining a license for banking operations with the requirements of federal laws and Bank of Russia regulations adopted in accordance with them;
4) non-compliance of the business reputation of candidates for the positions of members of the board of directors (supervisory board) with the qualification requirements established by federal laws and regulations of the Bank of Russia adopted in accordance with them, they have a criminal record for committing a crime in the field of economics.
The decision to refuse state registration of a credit institution and to issue a banking license to it shall be communicated to the founders of the credit institution in writing and must be motivated.
Denial of state registration of a credit institution and the issuance of a banking license to it, failure of the Bank of Russia to adopt an appropriate decision within the established time limit may be appealed to an arbitration court.
Business reputation in accordance with this article is understood as an assessment of the professional and other qualities of a person, allowing him to hold an appropriate position in the management bodies of a credit institution.

Article 17

For the state registration of a credit organization with foreign investments and a branch of a foreign bank and for their obtaining a license to carry out banking operations, in addition to the documents specified in Article 14 of this Federal Law, the duly executed documents listed below shall be additionally submitted.
A foreign legal entity represents:
1) a decision on his participation in the establishment of a credit institution on the territory of the Russian Federation or on the opening of a bank branch;
2) a document confirming the registration of a legal entity, and balance sheets for the previous three years, confirmed by an audit report;
3) a written consent of the relevant control body of the country of its location to participate in the creation of a credit institution in the territory of the Russian Federation or to open a branch of the bank in cases where such permission is required by the legislation of the country of its location.
A foreign individual submits a first-class (according to international practice) confirmation of the solvency of this person by a foreign bank.

Article 18. Additional requirements for the establishment and operation of credit organizations with foreign investments and branches of foreign banks

The size (quota) of participation of foreign capital in the banking system of the Russian Federation is established by federal law on the proposal of the Government of the Russian Federation, agreed with the Bank of Russia. This quota is calculated as the ratio of the total capital owned by non-residents in the authorized capital of credit institutions with foreign investment and the capital of branches of foreign banks to the total authorized capital of credit institutions registered in the Russian Federation.
The Bank of Russia stops issuing licenses for banking operations to banks with foreign investments, branches of foreign banks upon reaching the established quota.
Part three is no longer valid. - Federal Law of December 29, 2006 N 246-FZ.
The Bank of Russia has the right to impose a ban on increasing the charter capital of a credit institution at the expense of non-residents' funds and on the alienation of shares (stakes) in favor of non-residents, if the result of this action is to exceed the quota for participation of foreign capital in the banking system of the Russian Federation.
Part five is no longer valid. - Federal Law of December 29, 2006 N 246-FZ.
The Bank of Russia shall have the right, upon agreement with the Government of the Russian Federation, to establish restrictions on banking operations for credit institutions with foreign investments and branches of foreign banks, if in the relevant foreign states banks with Russian investments and branches of Russian banks are subject to restrictions in their establishment and activities.
The Bank of Russia has the right to establish, in accordance with the procedure established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", additional requirements for credit institutions with foreign investments and branches of foreign banks regarding the procedure for submitting reports, approving the composition of management and the list of banking operations carried out.

Article 19

In case of violation of federal laws, regulations and instructions of the Bank of Russia, mandatory standards established by it, failure to provide information, provision of incomplete or inaccurate information, failure to provide information to credit history bureaus in case of obtaining the consent of the subject of the credit history, as well as the commission of actions that create a real threat to the interests depositors and creditors, the Bank of Russia has the right, by way of supervision, to apply to a credit institution the measures established by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".

Article 20

The Bank of Russia may revoke a banking license from a credit institution in the following cases:
1) establishing the unreliability of the information on the basis of which the said license was issued;
2) delays in the commencement of banking operations provided for by this license for more than one year from the date of its issuance;
3) establishing facts of significant unreliability of reporting data;
4) delays of more than 15 days in the submission of monthly reports (reporting documentation);
5) carrying out, including one-time, banking operations not provided for by the said license;
6) non-compliance with federal laws regulating banking activity, as well as Bank of Russia regulations, if the measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" were repeatedly applied to the credit institution within one year, as well as repeated violations within one year of the requirements provided for by Articles 6 and 7 (with the exception of paragraph 3 of Article 7) of the Federal Law "On counteracting the legalization (laundering) of proceeds from crime".
7) repeated, within one year, culpable failure to comply with the requirements contained in the executive documents of the courts, arbitration courts for the recovery of funds from the accounts (from deposits) of the clients of the credit institution in the presence of funds on the accounts (in deposits) of these persons;
8) there is a petition from the provisional administration, if by the end of the period of activity of the said administration, established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", there are grounds for its appointment, provided for by the said Federal Law;
9) repeated failure by the credit institution to submit to the Bank of Russia, within the established time limit, updated information required to make changes to the Unified State Register of Legal Entities, with the exception of information on obtained licenses;
10) non-compliance by a credit institution that is a manager of mortgage coverage with the requirements of the Federal Law "On Mortgage Securities" and regulatory legal acts of the Russian Federation issued in accordance with it, as well as failure to eliminate violations within the established time limits, if within one year the credit institution was repeatedly subjected to measures provided for by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)";
11) repeated violations within one year of the requirements of the Federal Law "On Counteracting the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation" and regulatory legal acts adopted in accordance with it, taking into account the specifics established by the said Federal Law.
The Bank of Russia is obliged to revoke a banking license in the following cases:
1) if the capital adequacy of the credit institution falls below 2 percent.
If during the last 12 months preceding the moment when, in accordance with this article, the specified license must be revoked from a credit institution, the Bank of Russia changed the methodology for calculating the capital adequacy of credit institutions, for the purposes of this article, the methodology in accordance with which the capital adequacy of a credit organization reaches its maximum value;
2) if the amount of own funds (capital) of the credit institution is below the minimum value of the authorized capital established as of the date of state registration of the credit institution. The said grounds for revocation of a banking license shall not apply to credit institutions during the first two years from the date of issuance of a banking license;
3) if the credit institution fails to fulfill, within the period established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", the requirements of the Bank of Russia to bring the amount of authorized capital and the amount of own funds (capital) into line;
4) if the credit institution is unable to satisfy the claims of creditors for monetary obligations and (or) fulfill the obligation to make mandatory payments within 14 days from the date of their satisfaction and (or) fulfillment. At the same time, these requirements in the aggregate must be at least 1000 times the minimum wage established by federal law;
5) if the bank has not reached, as of January 1, 2015, the minimum amount of own funds (capital) established by part seven of Article 11.2 of this Federal Law, and does not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution;
6) if the bank in the period after January 1, 2015 for three consecutive months allows a decrease in the amount of own funds (capital) below the minimum amount of own funds (capital) established by part seven of Article 11.2 of this Federal Law, with the exception of a decrease due to a change in the methodology for determining the amount own funds (capital) and does not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution;
7) if a bank, the amount of own funds (capital) of which as of January 1, 2007 is equal to 180 million rubles or more, as well as a bank established after January 1, 2007, for three consecutive months, allow a decrease in the amount of own funds (capital) below the minimum the amount of own funds (capital) established as of the relevant date by parts six and seven of Article 11.2 of this Federal Law, with the exception of a decrease due to a change in the methodology for determining the amount of own funds (capital), and do not file an application with the Bank of Russia to change their status to the status of a non-bank credit organizations;
8) if the bank, the amount of own funds (capital) of which as of January 1, 2007 is less than 180 million rubles, has not reached, as of the relevant date, the amount of own funds (capital) established by parts five through seven of Article 11.2 of this Federal Law, or if this bank is in for three consecutive months allows a decrease in the amount of own funds (capital), except for cases of such a decrease due to the application of a modified methodology for determining the amount of own funds (capital) of the bank, to a value less than the larger of the two values: the amount of own funds (capital) available as of January 1, 2007, or the amount of own funds (capital) established by Parts 5-7 of Article 11.2 of this Federal Law, and does not file an application with the Bank of Russia to change its status to the status of a non-bank credit institution;
9) if a bank that had own funds (capital) as of January 1, 2007 in the amount equal to 180 million rubles or more, as well as a bank established after January 1, 2007, did not comply with the requirements established by part eight of Article 11.2 of this Federal Law, and have not submitted an application to the Bank of Russia to change their status to the status of a non-bank credit institution;
10) if a bank that, as of January 1, 2007, had its own funds (capital) in the amount of less than 180 million rubles, did not comply with the requirements established by part eight of Article 11.2 of this Federal Law and did not file an application with the Bank of Russia to change its status to the status of a non-banking credit organization.
In the cases provided for by Part 2 of this Article, the Bank of Russia revokes a credit institution's banking license within 15 days from the date of receipt by the Bank of Russia bodies responsible for revoking the said license of reliable information on the existence of grounds for revoking this license from the credit institution.
Revocation of a banking license on other grounds, with the exception of the grounds provided for by this Federal Law, is not allowed.
The decision of the Bank of Russia to revoke a banking license from a credit institution shall enter into force on the date of adoption of the relevant act of the Bank of Russia and may be appealed within 30 days from the date of publication of a notice on the revocation of a banking license in the Bulletin of the Bank of Russia. An appeal against said decision of the Bank of Russia, as well as the application of measures to secure claims against a credit institution, shall not suspend the said decision of the Bank of Russia.
A notice on revocation of a banking license from a credit institution shall be published by the Bank of Russia in the official publication of the Bank of Russia, Bulletin of the Bank of Russia, within a week from the date of the relevant decision.
After the banking license of a credit institution is revoked, the credit institution must be liquidated in accordance with the requirements of Article 23.1 of this Federal Law, and if it is declared bankrupt, in accordance with the requirements of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
After revoking a banking license from a credit institution, the Bank of Russia:
no later than the working day following the day of revocation of the said license, appoints a provisional administration to the credit institution in accordance with the requirements of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions";
performs the actions provided for in Article 23.1 of this Federal Law.
From the moment of revocation of the banking license from the credit institution:
1) the time limit for fulfilling the obligations of the credit institution that arose before the date of revocation of the license for banking operations is considered to have come. At the same time, the amount of monetary obligations and obligations to make obligatory payments of a credit institution denominated in foreign currency is determined in rubles at the exchange rate established by the Bank of Russia on the date of revocation of the banking license from the credit institution;
2) the accrual of interest and financial sanctions stipulated by federal law or an agreement on all types of the credit institution's indebtedness shall be terminated, with the exception of financial sanctions for non-fulfillment or improper fulfillment by the credit institution of its current obligations;
3) the execution of executive documents on property recovery is suspended, the enforcement of other documents, the recovery of which is carried out in an indisputable manner, is not allowed, with the exception of the execution of executive documents on the recovery of debts on current obligations of the credit institution;
4) unless otherwise provided by federal law, until the date of entry into force of the decision of an arbitration court on declaring a credit organization insolvent (bankrupt) or on liquidating a credit organization, it is prohibited:
making transactions with the property of a credit institution, including the fulfillment by a credit institution of obligations, with the exception of transactions related to the current obligations of a credit institution, determined in accordance with this article;
fulfillment of the obligation to make mandatory payments that arose prior to the day the credit institution's banking license was revoked;
termination of obligations to the credit institution by offsetting similar counterclaims;
5) the acceptance and execution of payments on the correspondent accounts of the credit institution to the accounts of the credit institution's customers (individuals and legal entities) are terminated. Credit institutions and institutions of the Bank of Russia return payments received after the date of revocation of the license for banking operations in favor of the clients of the credit institution to the accounts of payers in sending banks;
6) the credit institution returns to the customers of the credit institution their securities and other property accepted and (or) acquired by the credit institution at their expense under storage agreements, trust management agreements, depository agreements and brokerage service agreements.
The current liabilities of a credit institution are understood as:
1) obligations to pay expenses related to the continuation of the activities of the credit institution (including utility, lease and operating payments, expenses for communication services, ensuring the safety of property), expenses for the performance of the functions of the temporary administration appointed by the Bank of Russia to manage the credit institution, payment labor of persons working under an employment contract, payment of severance benefits to these persons in the event of their dismissal, taking into account the specifics established by the Federal Law "On Insolvency (Bankruptcy)", as well as other expenses associated with the liquidation of a credit institution after the date of revocation of a banking license ;
2) obligations to pay mandatory payments arising from the date of revocation of the license for banking operations;
3) obligations to transfer money withheld from wages (alimony, personal income tax, trade union and insurance contributions and other payments imposed on the employer in accordance with federal laws) paid to employees of a credit institution in accordance with federal laws.
Payment of expenses related to the fulfillment of current obligations of a credit institution shall be made by the temporary administration appointed by the Bank of Russia to manage the credit institution on the basis of the cost estimate approved by the Bank of Russia.
In the period after the date of revocation of the license to carry out banking operations and until the day the decision of the arbitration court on declaring the credit institution insolvent (bankrupt) or on its liquidation comes into force, the credit institution shall have the right to:
1) collect and receive debt, including on previously issued loans, return advance payments previously made by the credit institution, receive funds from the redemption of securities and income from securities owned by the credit institution;
2) to return the property of the credit institution held by third parties;
3) receive income from earlier banking operations and concluded transactions, as well as from operations related to the professional activities of this credit institution in the securities market;
4) upon agreement with the Bank of Russia, return funds erroneously credited to the correspondent account or correspondent sub-account of the credit institution. The procedure for agreeing on the return of erroneously credited funds is established by the regulations of the Bank of Russia;
5) has expired. - Federal Law of July 28, 2012 N 144-FZ;
6) carry out other actions to perform the functions of the provisional administration appointed by the Bank of Russia to manage a credit institution, provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" and Bank of Russia regulations adopted in accordance with it;
7) determine the amount of monetary obligations to the clearing organization, clearing participants and (or) the amount of claims to the clearing organization, clearing participants arising from financial contracts concluded under the terms of the master agreement (single contract), which corresponds to the approximate terms of the contracts provided for in Article 51.5 of the Federal of Law No. 39-FZ of April 22, 1996 "On the Securities Market", and (or) concluded on the terms of the organized trading rules, and (or) concluded on the terms of the clearing rules, terminate obligations by offsetting, netting in accordance with the federal law on clearing activity and the legislation of the Russian Federation on insolvency (bankruptcy).

Article 21. Consideration of disputes involving a credit organization

Decisions and actions (inaction) of the Bank of Russia or its officials may be appealed by a credit institution to a court or an arbitration court in accordance with the procedure established by federal laws.
A credit institution has the right to apply to the Bank of Russia with requests and applications in connection with decisions and actions (inaction) of the Bank of Russia, to which the Bank of Russia is obliged to respond within a month on the merits of the issues raised therein.
Disputes between a credit institution and its clients (individuals and legal entities) are resolved in the manner prescribed by federal laws.

Article 22. Branches, representative offices and internal structural subdivisions of a credit organization

A branch of a credit institution is its separate subdivision located outside the location of the credit institution and carrying out on its behalf all or part of the banking operations stipulated by the license of the Bank of Russia issued to the credit institution.
The representative office of a credit institution is its separate subdivision, located outside the location of the credit institution, representing its interests and protecting them. A representative office of a credit organization is not entitled to carry out banking operations.
Branches and representative offices of a credit institution are not legal entities and carry out their activities on the basis of regulations approved by the credit institution that created them.
The heads of branches and representative offices are appointed by the head of the credit institution that created them and act on the basis of a power of attorney issued to them in the prescribed manner.
A credit institution opens branches and representative offices in the Russian Federation from the moment of notification of the Bank of Russia. The notice shall indicate the postal address of the branch (representative office), its powers and functions, information about the managers, the scale and nature of the planned operations, as well as an imprint of its seal and samples of signatures of its leaders.
Part six is ​​no longer valid. - Federal Law of July 21, 2005 N 106-FZ.
Branches of a credit institution with foreign investment in the territory of the Russian Federation shall be registered by the Bank of Russia in accordance with the procedure established by it.
An internal structural subdivision of a credit institution (its branch) is its (its) subdivision located outside the location of the credit institution (its branch) and carrying out banking operations on its behalf, the list of which is established by Bank of Russia regulations, under a Bank of Russia license issued by the credit institution. organizations (regulations on a branch of a credit institution).
Credit institutions (their branches) have the right to open internal structural subdivisions outside the locations of credit institutions (their branches) in the forms and procedure established by Bank of Russia regulations.
The authority of a branch of a credit institution to make a decision to open an internal structural subdivision must be provided for by the regulation on the branch of a credit institution.

Article 23. Liquidation or reorganization of a credit organization

The liquidation or reorganization of a credit institution shall be carried out in accordance with federal laws subject to the requirements of this Federal Law. At the same time, the state registration of a credit institution in connection with its liquidation and the state registration of a credit institution created through its reorganization shall be carried out in the manner prescribed by the Federal Law "On the State Registration of Legal Entities and Individual Entrepreneurs", taking into account the specifics established by this Federal Law and adopted in accordance with the regulations of the Bank of Russia. The information and documents required for the state registration of a credit institution in connection with its liquidation and the state registration of a credit institution established through reorganization shall be submitted to the Bank of Russia. The list of the specified information and documents, as well as the procedure for their submission, is determined by the Bank of Russia.
After the Bank of Russia has made a decision on the state registration of a credit institution in connection with its liquidation or the state registration of a credit institution established through its reorganization, it shall send to the authorized registering body the information and documents necessary for this body to carry out the functions of maintaining the Unified State Register of Legal Entities.
On the basis of this decision taken by the Bank of Russia and the necessary information and documents submitted by it, the authorized registering body, within five working days from the date of receipt of the necessary information and documents, makes an appropriate entry in the unified state register of legal entities and no later than the working day following the day of making corresponding entry, notifies the Bank of Russia about it.
Interaction between the Bank of Russia and the authorized registering body on the issue of state registration of a credit institution in connection with its liquidation or on the state registration of a credit institution established through reorganization shall be carried out in the manner agreed by the Bank of Russia with the authorized registering body.
A written notice of the commencement of the procedure for reorganizing a credit institution with an attached decision to reorganize the credit institution shall be sent by the credit institution to the Bank of Russia within three working days after the date of adoption of the said decision. If two or more credit institutions participate in the reorganization, such notification shall be sent by the credit institution that was the last to make a decision on the reorganization of the credit institution or determined by the said decision. The Bank of Russia shall post this notice on its official website on the Internet information and telecommunication network and, no later than one business day from the date of receipt of this notice from the credit institution, send to the authorized registering body information on the commencement of the reorganization procedure of the credit institution (credit institutions) with the attachment of the specified a decision on the basis of which the specified body makes an entry in the unified state register of legal entities that the credit institution (credit institutions) is (are) in the process of reorganization.
The state registration of a credit institution in connection with its liquidation is carried out within 45 working days from the date of submission to the Bank of Russia of all duly executed documents.
State registration of a credit institution established by way of reorganization, unless a decision has been made to refuse such registration, shall be carried out within six months from the date of submission to the Bank of Russia of all duly executed documents.
The Bank of Russia has the right to prohibit the reorganization of a credit institution if, as a result of it, grounds arise for the application of measures to prevent insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
In the event of termination of a credit institution's activities on the basis of a decision of its founders (participants), the Bank of Russia, at the request of the credit institution, shall decide to revoke the banking license. The procedure for the submission by a credit institution of the said application is regulated by the regulations of the Bank of Russia.
If, after the decision of the founders (members) of a credit institution to liquidate it, the Bank of Russia, on the basis of Article 20 of this Federal Law, decides to revoke its banking license, the decision of the founders (members) of the credit institution to liquidate it and other related decisions of the founders (members) of the credit institution or the decisions of the liquidation commission (liquidator) appointed by the founders (members) of the credit institution shall become null and void. A credit institution is subject to liquidation in accordance with the procedure provided for in Article 23.1 of this Federal Law.
If a banking license is annulled or revoked, the credit institution shall return the said license to the Bank of Russia within 15 days from the date of such decision.
The founders (participants) of a credit institution who have made a decision to liquidate it shall appoint a liquidation commission (liquidator), approve the interim liquidation balance sheet and the liquidation balance sheet of the credit institution upon agreement with the Bank of Russia. The liquidation commission is obliged to transfer the documents of the credit institution subject to mandatory storage for storage in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, in accordance with the list approved by the federal executive body authorized by the Government of the Russian Federation and the Bank of Russia.
The liquidation of a credit institution shall be considered completed, and the credit institution terminated its activities after the authorized registering body makes an appropriate entry in the Unified State Register of Legal Entities.

Article 23.1. Liquidation of a credit institution initiated by the Bank of Russia (forced liquidation)

The Bank of Russia, within 15 working days from the date of revocation of a banking license from a credit institution, is obliged to apply to an arbitration court with a demand for the liquidation of a credit institution (hereinafter referred to as the application of the Bank of Russia for the forced liquidation of a credit institution), unless by the day of revocation of the specified license, the credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
If, by the date of revocation of a banking license, a credit institution has signs of insolvency (bankruptcy) provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions", or the presence of these signs is established by the provisional administration appointed by the Bank of Russia to manage the credit institution after the date of revocation credit institution of the said license, the Bank of Russia applies to the arbitration court with an application to declare the credit institution insolvent (bankrupt) in accordance with the procedure established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
The arbitration court considers the application of the Bank of Russia for the forced liquidation of a credit institution in accordance with the rules established by the Arbitration Procedure Code of the Russian Federation, and taking into account the specifics established by this Federal Law. An application by the Bank of Russia for the compulsory liquidation of a credit institution shall be considered by an arbitration court within a period not exceeding one month from the date of filing the said application.
The arbitration court decides on the liquidation of the credit institution and the appointment of a liquidator of the credit institution, unless it is established that there are signs of insolvency (bankruptcy) of the credit institution on the date of revocation of its banking license. When considering an application by the Bank of Russia for the forced liquidation of a credit institution, a preliminary court hearing, as provided for by the Arbitration Procedure Code of the Russian Federation, shall not be held.
The arbitration court sends the decision on the liquidation of the credit institution to the Bank of Russia and the authorized registering body, which makes an entry in the unified state register of legal entities that the credit institution is in the process of liquidation.

Article 23.2. Liquidator of a credit organization

The nomination of a liquidator of a credit organization to an arbitration court and the approval of this candidature by an arbitration court shall be carried out in accordance with the procedure provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Organizations" for the nomination and approval of a bankruptcy commissioner of a credit organization.
The liquidator of a credit institution that had a license from the Bank of Russia to take deposits from individuals is the Deposit Insurance Agency.
The arbitration court approves as the liquidator of a credit organization that did not have a license from the Bank of Russia to attract funds from individuals in deposits, an arbitration manager who meets the requirements of the Federal Law "On Insolvency (Bankruptcy)" and is accredited with the Bank of Russia as a bankruptcy trustee in the event of bankruptcy of credit organizations.
The liquidator of a credit institution begins to exercise his powers from the date of entry into force of the decision of the arbitration court on the liquidation of the credit institution and the appointment of a liquidator of the credit institution and is valid until the date of making an entry on the liquidation of the credit institution in the unified state register of legal entities.
The liquidator of a credit organization in the process of liquidating a credit organization must act in good faith and reasonably and take into account the rights and legitimate interests of creditors of the credit organization, society and the state. The liquidator of a credit institution in the course of the liquidation of a credit institution shall have the rights and fulfill the obligations provided for by this Federal Law, and, to the extent not regulated by it, by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for the bankruptcy trustee of a credit institution.
The release or dismissal of a liquidator of a credit institution from office shall be carried out in accordance with the procedure provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings.

Article 23.3. Consequences of the Arbitration Court's Decision to Liquidate a Credit Organization

The decision of the arbitration court on the liquidation of a credit institution shall enter into force from the date of its adoption. An appeal against a decision of an arbitration court on the liquidation of a credit institution shall not suspend its execution.
From the day the decision of the arbitration court on the liquidation of a credit organization comes into force, the consequences provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Organizations" for the case of declaring the credit organization insolvent (bankrupt) occur.

Article 23.4. Regulation of procedures for the liquidation of a credit institution

The liquidation of a credit institution shall be carried out in the manner and in accordance with the procedures provided for by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings, with the specifics established by this Federal Law.
Creditors of a credit institution in liquidation shall have the rights provided for by this Federal Law, and, to the extent not regulated by it, by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions". The liquidator of a credit organization is obliged to hold the first meeting of creditors of the liquidated credit organization no later than 60 days after the expiry date of the period established for filing creditors' claims.
Control over the activities of the liquidator of a credit institution, the procedure for submitting reports by him to the Bank of Russia, as well as the verification by the Bank of Russia of the activities of the liquidator of a credit institution shall be carried out in the manner prescribed by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" for bankruptcy proceedings.
After the expiration of the period established for filing claims of the creditors of the credit institution, the liquidator of the credit institution draws up an interim liquidation balance sheet, which must contain information on the composition of the property of the liquidated credit institution, a list of claims of the creditors of the credit institution, as well as the results of their consideration. The interim liquidation balance sheet is considered at a meeting of creditors and (or) a meeting of the committee of creditors of a credit institution and, after such consideration, is subject to agreement with the Bank of Russia.
Claims of a credit institution's creditors shall be satisfied in accordance with the interim liquidation balance sheet starting from the date of its approval by the Bank of Russia and in the order of priority stipulated by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
The procedure for making transactions with the property of a credit institution that is not included in the bankruptcy estate in accordance with the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions" in the event of the insolvency (bankruptcy) of the credit institution is determined by the said Federal Law.
If the funds available to a credit institution are not sufficient to satisfy the claims of the creditors of the credit institution, the liquidator of the credit institution shall sell the property of the credit institution in accordance with the procedure established by the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions".
The term for the liquidation of a credit organization may not exceed 12 months from the date of entry into force of the decision of the arbitration court on the liquidation of the credit organization. The said time limit may be extended by the arbitration court at the justified request of the liquidator of the credit institution.
If, in the course of the liquidation procedure of a credit organization, it becomes apparent that the value of the property of the credit organization in respect of which the decision on liquidation has been made is insufficient to satisfy the claims of creditors of the credit organization, the liquidator of the credit organization shall be obliged to send an application to the arbitration court for declaring the credit organization insolvent (bankrupt).
A report on the results of the liquidation of a credit institution, together with the liquidation balance sheet, shall be heard at a meeting of creditors or a meeting of the committee of creditors of the credit institution and approved by the arbitration court in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy)".
The ruling of the arbitration court on the approval of the report of the liquidator of a credit institution on the results of the liquidation and the completion of the liquidation of the credit institution shall be submitted by the liquidator of the credit institution to the Bank of Russia with the documents provided for by Bank of Russia regulations for state registration of a credit institution in connection with its liquidation, within ten days from date of such determination.

Article 23.5. Features of the reorganization of a credit institution in the form of a merger, acquisition and transformation

Not later than 30 days from the date of the decision on the reorganization of a credit institution, the credit institution is obliged to post information about this on its official website on the Internet information and telecommunication network and notify its creditors of this decision in one of the following ways:
1) by sending a written notice to each creditor (by post with acknowledgment of receipt) and publishing in a printed publication intended for publishing information on the state registration of legal entities, a message about the decision taken;
2) by publishing a notice of the decision taken in a print publication intended for the publication of information on the state registration of legal entities, as well as in one of the print publications intended for the publication of regulatory legal acts of state authorities of the constituent entity of the Russian Federation on whose territory the branch (branches) is located; ) of this credit institution.
The said notification (message) must contain the following information:
1) on the form of reorganization, the procedure and term for its implementation;
2) in the event of a reorganization in the form of a merger and transformation - on the proposed organizational and legal form, the proposed location of the credit institution created as a result of the reorganization and on the list of banking operations that it intends to carry out;
3) in case of reorganization in the form of merger - on the organizational and legal form, on the location of the credit institution to which the merger is carried out, and on the list of banking operations that such a credit institution carries out and intends to carry out;
4) a printed publication that will publish information about significant facts (events, actions) affecting the financial and economic activities of the credit institution.
The procedure for notifying creditors of a decision taken to reorganize a credit institution is determined by the general meeting of participants (shareholders) or by the board of directors (supervisory board) of the credit institution, if the charter of the credit institution refers this issue to its competence, and is brought to the attention of creditors by posting relevant information in places available to them in the credit institution and in all its divisions. The credit institution is obliged, at the request of the person concerned, to provide him with a copy of the said decision. The fee charged by the credit institution for the provision of such a copy cannot exceed the cost of its production.
State registration of a credit institution established as a result of reorganization and entry into the Unified State Register of Legal Entities of records on the termination of the activities of reorganized credit institutions shall be carried out if there is evidence of notification of creditors in the manner prescribed by this article.
A creditor of a credit institution that is an individual in connection with the reorganization of a credit institution has the right to demand early performance of the relevant obligation, and if early performance is impossible, termination of the obligation and compensation for losses, if such an obligation arose before the date:
1) receipt by him of a written notice (in the case of using the method of notifying creditors specified in clause 1 of part one of this article);
2) the publication by the credit institution in a printed publication intended for the publication of information on the state registration of legal entities of a notice on the decision taken to reorganize the credit institution (in the case of using the method of notifying creditors specified in clause 2 of part one of this article).
A creditor of a credit institution being a legal entity, in connection with the reorganization of a credit institution, has the right to demand early performance or termination of the corresponding obligation and compensation for losses, if such a right of claim has been granted to the legal entity in accordance with the terms of the agreement concluded with the credit institution.
The above claims shall be sent by the creditors of the credit institution in writing within 30 days from the date of receipt by the creditor of the notification or within 30 days from the date of publication by the credit institution in a printed publication intended for the publication of information on the state registration of legal entities of a notice of the decision taken to reorganize the credit institution. organizations.
From the date of the adoption of a decision on the reorganization of a credit institution until the date of its completion, a credit institution shall be obliged to disclose information on material facts (events, actions) affecting the financial and economic activities of the credit institution. For the purposes of this Federal Law, such facts (events, actions) mean:
1) reorganization of the credit institution, its subsidiaries and dependent companies;
2) the occurrence of facts that caused a one-time increase or decrease in the value of the credit institution's assets by more than 10 percent, facts that caused a one-time increase in the credit institution's net profit or net losses by more than 10 percent, the performance by the credit institution of one-time transactions, the amount of which or the value of property according to which amounts to 10 or more percent of the assets of the credit institution as of the date of the transaction;
3) the acquisition by a person of at least 5 per cent of the ordinary shares of a credit institution (at least 5 per cent of shares in the authorized capital of a credit institution), as well as any change as a result of which the amount of such shares (stakes) owned by this person has become more or less than 5, 10, 15, 20, 25, 30, 50 or 75 percent of the placed ordinary shares of a credit institution (stakes in the charter capital of a credit institution);
4) information on decisions of general meetings of shareholders (members) of the credit institution;
5) information on accrued and (or) paid income on issuance securities of a credit institution established in the form of a joint-stock company (on a part of the net profit of a credit institution established in the form of a limited liability company or an additional liability company distributed among its participants);
6) in accordance with Chapter XI.1 of Federal Law No. 208-FZ "On Joint Stock Companies" of December 26, 1995, sending a voluntary or mandatory offer (including a competing offer) to the owners of securities of a credit institution established in the form of an open joint stock company on the acquisition of shares, as well as other issue-grade securities convertible into shares, or notices of the right to demand the repurchase of securities or a demand for the repurchase of securities.
Disclosure of information on significant facts (events, actions) affecting the financial and economic activities of a credit institution is carried out by publishing it in the printed publication indicated in the statement of the credit institution on the decision to reorganize the credit institution. Such publication is carried out within a period not exceeding five days from the moment of occurrence of the said facts (events, actions). A credit institution is obliged to post information about material facts (events, actions) also on its official website on the Internet information and telecommunications network within a period not exceeding three days from the moment the specified facts (events, actions) occur.
The provisions of this article shall also apply when a credit institution is reorganized at the request of the Bank of Russia in the cases established by federal laws.

Chapter III. ENSURING THE STABILITY OF THE BANKING
SYSTEMS, PROTECTION OF THE RIGHTS, INTERESTS OF INVESTORS
AND CREDITORS OF CREDIT ORGANIZATIONS

Article 24. Ensuring the financial reliability of a credit organization

In order to ensure financial reliability, a credit institution is obliged to create reserves (funds), including for the depreciation of securities, the procedure for the formation and use of which is established by the Bank of Russia. The minimum amounts of reserves (funds) are established by the Bank of Russia. The amount of deductions to reserves (funds) from profit before taxation is established by federal tax laws.
A credit institution is obliged to carry out the classification of assets, separating doubtful and bad debts, and create reserves (funds) to cover possible losses in the manner established by the Bank of Russia.
A credit institution is obliged to comply with the mandatory ratios established in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". The numerical values ​​of the mandatory ratios are established by the Bank of Russia in accordance with the said Federal Law.
A credit institution is obliged to organize internal control that ensures an appropriate level of reliability corresponding to the nature and scale of operations.
When dismissed from office, the sole executive body of a credit institution is obliged to transfer the property and documents of the credit institution to a person from among its leaders. In the absence of such a person at the time of dismissal of the sole executive body, he is obliged to ensure the safety of the property and documents of the credit institution, notifying the Bank of Russia of the measures taken.

Article 25

The Bank is obliged to comply with the required reserve ratio deposited with the Bank of Russia, including the terms, volumes and types of attracted funds. The procedure for depositing required reserves is determined by the Bank of Russia in accordance with the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)".
The Bank is obliged to have an account with the Bank of Russia for holding required reserves. The procedure for opening the said account and carrying out operations on it shall be established by the Bank of Russia.

Article 26. Banking secrecy

A credit institution, the Bank of Russia, an organization that performs the functions of compulsory deposit insurance guarantee the secrecy of transactions, accounts and deposits of their customers and correspondents. All employees of a credit organization are required to keep secret about transactions, accounts and deposits of its customers and correspondents, as well as about other information established by the credit organization, unless this is contrary to federal law.
Certificates on operations and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to themselves, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, the federal executive body in the field of financial markets, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and the bodies for the enforcement of judicial acts, acts of other bodies and officials in cases provided for by legislative acts on their activities, and if there is the consent of the head of the investigative body - to the bodies of preliminary investigation in cases that are in their production .
In accordance with the legislation of the Russian Federation, certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to internal affairs bodies in the exercise of their functions to identify, prevent and suppress tax crimes.
Certificates on accounts and deposits of individuals are issued by a credit institution to itself, courts, bodies for the enforcement of judicial acts, acts of other bodies and officials, an organization that performs the functions of compulsory insurance of deposits, upon the occurrence of insured events provided for by the federal law on insurance of deposits of individuals in the banks of the Russian Federation, and with the consent of the head of the investigative body - to the bodies of preliminary investigation in cases being processed by them.
Certificates on transactions, accounts and deposits of individuals are issued by a credit institution to the heads (officials) of federal state bodies, the list of which is determined by the President of the Russian Federation, the Chairman of the Central Bank of the Russian Federation and senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation ) if there is a request sent in the manner determined by the President of the Russian Federation, in the event of verification in accordance with the Federal Law "On Combating Corruption" of information on income, expenses, property and obligations of a property nature:
1) citizens applying for filling public positions in the Russian Federation, unless a different procedure for verifying the specified information is established by federal constitutional law or federal law;
2) citizens applying for a position of a judge;
3) citizens applying for public positions in the constituent entities of the Russian Federation, positions of heads of municipalities, municipal positions filled on a permanent basis;
4) citizens applying for positions in the federal civil service, positions in the state civil service of the constituent entities of the Russian Federation, positions in the municipal service;
4.1) citizens applying for positions of members of the Board of Directors of the Central Bank of the Russian Federation, positions in the Central Bank of the Russian Federation;
5) citizens applying for positions of the head (sole executive body), deputy heads, members of the board (collective executive body), whose duties are performed on a permanent basis, in a state corporation, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund, other organizations created by the Russian Federation on the basis of federal laws;
5.1) citizens applying for positions of heads of state (municipal) institutions;
6) citizens applying for certain positions on the basis of an employment contract in organizations created to fulfill the tasks assigned to federal state bodies;
7) persons replacing the positions specified in paragraphs 1-6 of this part;
8) spouse (s) and minor children of citizens and persons specified in paragraphs 1-7 of this part.
Certificates of availability of accounts, deposits (deposits) and (or) balances of funds on accounts, deposits (deposits), statements of operations on accounts, deposits (deposits) of individuals, certificates of electronic money balances and electronic money transfers funds of individuals are issued by a credit institution in the manner prescribed by the legislation of the Russian Federation on taxes and fees, at the request of tax authorities, sent on the basis of requests from authorized bodies of foreign states in cases stipulated by international treaties of the Russian Federation.
Certificates on accounts and deposits in the event of the death of their owners are issued by a credit institution to persons indicated by the owner of an account or deposit in a testamentary disposition made to a credit institution, to notary offices on inheritance cases pending in their proceedings on the deposits of deceased depositors, and in relation to accounts of foreign citizens - to consular institutions foreign states.
Information on operations, accounts and deposits of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals is submitted by credit institutions to the authorized body that performs the functions of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, in cases, procedure and volume, which are provided by the Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism".
The Bank of Russia, heads (officials) of federal state bodies, the list of which is determined by the President of the Russian Federation, senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation), an organization performing the functions of compulsory deposit insurance, are not entitled to disclose information on transactions, accounts and deposits, as well as information on specific transactions and transactions from the reports of credit institutions obtained by them as a result of the performance of licensing, supervisory and control functions, except as otherwise provided by federal laws.
Auditing organizations are not entitled to disclose to third parties information about operations, accounts and deposits of credit organizations, their clients and correspondents obtained in the course of their audits, except as otherwise provided by federal laws.
The authorized body exercising the functions of countering the legalization (laundering) of proceeds from crime and the financing of terrorism is not entitled to disclose to third parties information received from credit organizations in accordance with the Federal Law "On Counteracting the Legalization (Laundering) of Proceeds from Crime, and Financing of Terrorism", except for the cases provided for by the said Federal Law.
The federal executive body in charge of financial markets is not entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Counteracting the Misuse of Insider Information and Market Manipulation and on Amendments to Certain Legislative Acts of the Russian Federation", except in cases where stipulated by the said Federal Law.
For disclosure of banking secrecy, the Bank of Russia, heads (officials) of federal state bodies, the list of which is determined by the President of the Russian Federation, senior officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation), an organization that performs the functions of compulsory deposit insurance, credit, audit and other organizations, an authorized body exercising the functions of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, a currency control body authorized by the Government of the Russian Federation, and currency control agents, as well as officials and employees of these bodies and organizations bear responsibility, including compensation for damage caused, in the manner prescribed by federal law.
Payment system operators are not entitled to disclose to third parties information about transactions and accounts of payment system participants and their customers, except as otherwise provided by federal laws.
Information on transactions of legal entities, citizens engaged in entrepreneurial activities without forming a legal entity, and individuals with their consent is provided by credit institutions for the purpose of forming credit histories in the credit history bureau in the manner and on the terms that are provided for by the agreement concluded with the credit history bureau in accordance with with the Federal Law "On credit histories".
The heads (officials) of federal state bodies, the list of which is determined by the President of the Russian Federation, and the highest officials of the constituent entities of the Russian Federation (heads of the highest executive bodies of state power of the constituent entities of the Russian Federation) are not entitled to disclose to third parties data on transactions, accounts and deposits of individuals, received in accordance with the regulatory legal acts of the Russian Federation on combating corruption in the Bank of Russia, credit institutions, as well as in branches and representative offices of foreign banks.
Documents and information related to conducting foreign exchange transactions, opening and maintaining accounts and provided for by the Federal Law "On Foreign Exchange Regulation and Foreign Exchange Control" are submitted by credit institutions to the foreign exchange control authority authorized by the Government of the Russian Federation, tax authorities and customs authorities as agents of foreign exchange control in cases, in the manner and to the extent provided for by the said Federal Law.
Currency control bodies and currency control agents are not entitled to disclose to third parties information received from credit institutions in accordance with the Federal Law "On Currency Regulation and Currency Control", except as otherwise provided by federal laws.
Information on trading and clearing accounts of legal entities and on operations on said accounts shall be submitted by credit institutions to the federal executive body in charge of financial markets in the manner prescribed by the Federal Law "On Clearing and Clearing Activities".
The federal executive body in charge of financial markets is not entitled to disclose to third parties information received in accordance with the Federal Law "On Clearing and Clearing Activity".
Operational centres, payment clearing centers shall not be entitled to disclose to third parties information on transactions and accounts of payment system participants and their clients, obtained in the course of rendering operational services, clearing services to payment system participants, except for the transfer of information within the payment system, as well as cases provided for federal laws.
The provisions of this article shall apply to information on transactions of clients of credit institutions carried out by bank payment agents (subagents).
The provisions of this article also apply to information on electronic money balances of clients of credit institutions and information on electronic money transfers by credit institutions on the orders of their clients.
Documents and information that contain banking secrecy of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are provided by credit institutions to the customs authorities of the Russian Federation in the cases, procedure and volume provided for by the Customs Code of the Customs Union and Federal Law No. 27 November 2010 311-FZ "On customs regulation in the Russian Federation".
The customs authorities of the Russian Federation and their officials shall not be entitled to disclose information containing banking secrecy received by them from credit institutions, except as otherwise provided for by federal laws. For the disclosure of bank secrecy, the customs authorities of the Russian Federation and their officials shall bear responsibility, including compensation for damages, in the manner prescribed by federal law.

Article 27

The funds and other valuables of legal entities and individuals held in accounts and deposits or kept in a credit institution, as well as the balance of electronic funds, may be seized only by a court and an arbitration court, a judge, as well as by order of the authorities preliminary investigation in the presence of a court decision.
When imposing a seizure on the funds on accounts and deposits, or on the balance of electronic funds, the credit institution immediately upon receipt of a decision to impose a seizure shall terminate debit transactions on this account (deposit), as well as the transfer of electronic funds within the limits of the balance of electronic funds that have been seized.
Foreclosure on funds and other valuables of individuals and legal entities that are on accounts and deposits or stored in a credit institution, as well as on the balance of electronic funds, can only be levied on the basis of executive documents in accordance with the legislation of the Russian Federation.
A credit institution, the Bank of Russia shall not be liable for damage caused as a result of the seizure or foreclosure of funds and other valuables of their clients, except as otherwise provided by law.
Confiscation of money and other valuables may be carried out on the basis of a court verdict that has entered into legal force.

Chapter IV. INTERBANK RELATIONSHIPS AND SERVICES
CLIENTS

Article 28. Interbank transactions

Credit institutions on a contractual basis may raise and place funds with each other in the form of deposits (deposits), loans, make settlements through correspondent accounts opened with each other, and perform other mutual operations provided for by licenses issued by the Bank of Russia.
The credit institution informs the Bank of Russia on a monthly basis of newly opened correspondent accounts in the Russian Federation and abroad.
Credit institutions establish correspondent relations with foreign banks registered in the territories of offshore zones of foreign states in the manner determined by the Bank of Russia.
Correspondent relations between a credit institution and the Bank of Russia are carried out on a contractual basis.
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.
If there is a shortage of funds to provide loans to customers and fulfill the obligations assumed, the credit institution may apply for loans to the Bank of Russia on the conditions determined by it.
Credit institutions are entitled to make money transfers within payment systems that meet the requirements of the Federal Law "On the National Payment System".

Article 29

Interest rates on loans and (or) the procedure for determining them, including determining the amount of the interest rate on a loan depending on changes in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and commission on operations are established by the credit institution in agreement with clients, unless otherwise provided by federal law.
A credit institution does not have the right to unilaterally change interest rates on loans and (or) the procedure for determining them, interest rates on deposits (deposits), commission fees and the validity period of these agreements with clients - individual entrepreneurs and legal entities, except for the cases provided for federal law or contract with the client.
Under an agreement on a bank deposit (deposit) made by a citizen on the terms of its issuance after a certain period of time or upon the occurrence of circumstances stipulated by the agreement, the bank cannot unilaterally shorten the term of this agreement, reduce the amount of interest, increase or establish a commission on operations, with the exception of cases provided for by federal law.
Under a loan agreement concluded with a citizen borrower, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the procedure for determining them, increase or establish a commission on operations, except as otherwise provided by federal law .
A credit institution that owns an ATM is obliged to inform the holder of a payment card before the moment he makes settlements using a payment card, sends him instructions to the credit institution on the implementation of settlements on his bank accounts using ATMs belonging to this credit institution, with a warning inscription displayed on the screen of the ATM about the amount of the commission fee established by the credit institution - the owner of the ATM and charged by it for the performance of these operations in addition to the fee established by the agreement between the credit institution that issued the payment card and the holder of this card, or on the absence of such fee, and also reflected based on the results of these operations, information on the commission fee of the credit institution - the owner of the ATM in the event that such a fee is charged on the ATM receipt or on the absence of such fee.

Article 30

Relations between the Bank of Russia, credit institutions and their clients are carried out on the basis of agreements, unless otherwise provided by federal law.
The agreement must specify interest rates on loans and deposits (deposits), the cost of banking services and the terms for their performance, including the terms for processing payment documents, the property liability of the parties for violations of the agreement, including liability for violation of obligations on the timing of payments, as well as the procedure for its termination and other essential terms of the contract.
Clients have the right to open the required number of settlement, deposit and other accounts in any currency in banks with their consent, unless otherwise provided by federal law.
The procedure for opening, maintaining and closing customer accounts in rubles and foreign currency by a bank is established by the Bank of Russia in accordance with federal laws.
Members of a credit organization do not have any advantages when considering the issue of obtaining a loan or providing them with other banking services, unless otherwise provided by federal law.
A credit institution is obliged, in the manner prescribed by the Federal Law "On Credit Histories", to submit all available information necessary for the formation of credit histories in relation to all borrowers who have agreed to submit it to at least one credit history bureau included in the state register of bureaus. credit histories.
Before concluding a loan agreement with a borrower - an individual and before changing the terms of a loan agreement with the specified borrower, which entails a change in the total cost of the loan, a credit institution is obliged to provide the borrower - an individual with information on the total cost of the loan, as well as the list and amounts of payments of the borrower - an individual, associated with non-compliance with the terms of the loan agreement.
The credit institution is obliged to determine in the loan agreement the full cost of the loan provided to the borrower - an individual, as well as indicate the list and amounts of payments by the borrower - an individual related to non-compliance with the terms of the loan agreement.
The calculation of the full cost of the loan should include payments by the borrower - an individual under the loan, related to the conclusion and execution of the loan agreement, including payments by the specified borrower in favor of third parties if the obligation of this borrower for such payments follows from the terms of the loan agreement, in which such third parties are identified.
If the full cost of the loan cannot be determined before the conclusion of the loan agreement with the borrower - an individual and before changing the terms of the loan agreement, entailing a change in the total cost of the loan, since the loan agreement implies different amounts of payments of the specified borrower on the loan, depending on his decision, then the credit institution is obliged to bring to the borrower - an individual information about the total cost of the loan, determined on the basis of the maximum possible loan amount and loan term.
The calculation of the full cost of the loan does not include payments by the borrower - an individual on the loan, related to non-compliance with the terms of the loan agreement.
The full cost of the loan is calculated by the credit institution and communicated by it to the borrower - an individual in the manner prescribed by the Bank of Russia.

Article 31

The credit institution makes settlements in accordance with the rules, forms and standards established by the Bank of Russia; in the absence of rules for conducting certain types of settlements - by agreement among themselves; when making international settlements - in the manner prescribed by federal laws and rules adopted in international banking practice.
A credit institution, the Bank of Russia are obliged to transfer the client's funds and credit funds to his account no later than the next business day after receiving the relevant payment document, unless otherwise provided by federal law, an agreement or a payment document.
In the event of untimely or incorrect crediting or debiting funds from a customer's account, the credit institution or the Bank of Russia shall pay interest on the amount of these funds at the refinancing rate of the Bank of Russia.

Article 32. Antimonopoly rules

Credit institutions are prohibited from entering into agreements and performing concerted actions aimed at monopolizing the banking services market, as well as at restricting competition in banking.
The acquisition of shares (stakes) in credit institutions, as well as the conclusion of agreements providing for the exercise of control over the activities of credit institutions (groups of credit institutions), must not contradict antimonopoly rules.
Compliance with antimonopoly rules in the field of banking services is controlled by the State Committee of the Russian Federation for Antimonopoly Policy and Support for New Economic Structures together with the Bank of Russia.

Article 33. Ensuring the repayment of loans

Credits provided by a bank may be secured by a pledge of immovable and movable property, including government and other securities, bank guarantees, and in other ways provided for by federal laws or an agreement.
If the borrower violates obligations under the agreement, the bank has the right to early collect the granted loans and interest accrued on them, if this is provided for by the agreement, and also levy execution on the pledged property in the manner established by federal law.

Article 34

The credit organization is obliged to take all measures provided for by the legislation of the Russian Federation to collect the debt.
A credit institution has the right to apply to an arbitration court with an application to initiate insolvency (bankruptcy) proceedings against debtors who do not fulfill their obligations to repay debts in accordance with the procedure established by federal laws.

Chapter V. BRANCHES, REPRESENTATIONS
AND SUBSIDIARY ORGANIZATIONS OF THE CREDIT ORGANIZATION
ON THE TERRITORY OF A FOREIGN STATE

Article 35. Branches, representative offices and subsidiaries of a credit organization in the territory of a foreign state

A credit institution holding a general license may, with the permission of the Bank of Russia, establish branches in the territory of a foreign state and, after notifying the Bank of Russia, representative offices.
A credit institution holding a general license may, with the permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in a foreign state.
The Bank of Russia not later than three months from the date of receipt of the relevant application informs the applicant in writing of its decision - consent or refusal. Refusal must be motivated. If the Bank of Russia has not informed about the decision taken within the specified period, the relevant permission of the Bank of Russia shall be considered received.

Chapter VI. SAVINGS BUSINESS

Article 36. Bank deposits of individuals

Deposit - funds in the currency of the Russian Federation or foreign currency placed by individuals for the purpose of storage and receipt of income. Income on the deposit is paid in cash in the form of interest. The deposit is returned to the depositor at his first request in the manner prescribed for this type of deposit by federal law and the relevant agreement.
Deposits are accepted only by banks that have such a right in accordance with a license issued by the Bank of Russia, participate in the system of compulsory insurance of deposits of individuals in banks and are registered with an organization that performs the functions of compulsory insurance of deposits. Banks ensure the safety of deposits and timely fulfillment of their obligations to depositors. Attraction of funds in deposits is formalized by the agreement in writing in two copies, one of which is issued to the depositor.
The right to attract deposits of individuals' funds may be granted to banks, from the date of state registration of which at least two years have passed. In case of a merger of banks, the specified period is calculated for a bank that has an earlier date of state registration. When the bank is transformed, the specified period is not interrupted.
Part four is no longer valid. - Federal Law of December 23, 2003 N 181-FZ.
The right to attract deposits of individuals' funds may be granted to a newly registered bank or a bank, from the date of state registration of which less than two years have passed, if:
1) the size of the authorized capital of a newly registered bank or the amount of own funds (capital) of an existing bank is at least 3 billion 600 million rubles;
2) the bank complies with the obligation established by the regulation of the Bank of Russia to disclose to an unlimited circle of persons information about persons that have a significant (direct or indirect) influence on decisions made by the bank's management bodies.

Article 37. Bank depositors

Bank depositors may be citizens of the Russian Federation, foreign citizens and stateless persons.
Depositors are free to choose a bank to deposit their funds and may have deposits in one or more banks.
Depositors can dispose of deposits, receive income from deposits, make non-cash payments in accordance with the agreement.

Article 38. The system of compulsory insurance of deposits of individuals in banks

To provide guarantees for the return of citizens' funds attracted by banks and compensation for the loss of income on invested funds, a system of compulsory insurance of deposits of individuals in banks is being created.
Participants in the system of compulsory insurance of deposits of individuals in banks are an organization that performs the functions of compulsory insurance of deposits, and banks that attract funds from citizens.
The procedure for creating, forming and using the funds of the system of compulsory insurance of deposits of individuals in banks is determined by federal law.

Article 39. Voluntary deposit insurance funds

Banks have the right to create voluntary deposit insurance funds to ensure the return of deposits and the payment of income on them. Voluntary deposit insurance funds are created as non-profit organizations.
The number of banks - founders of the voluntary deposit insurance fund must be at least five with a total authorized capital of at least 20 times the minimum authorized capital established in accordance with this Federal Law for banks as of the date of the fund's creation.
The procedure for the creation, management and operation of voluntary deposit insurance funds is determined by their charters and federal laws.
The Bank is obliged to notify customers of its participation or non-participation in voluntary deposit insurance funds. In case of participation in the voluntary deposit insurance fund, the bank informs the client about the conditions of insurance.

Chapter VII. ACCOUNTING IN CREDIT ORGANIZATIONS
AND SUPERVISION OF THEIR ACTIVITIES

Article 40. Accounting rules in a credit organization

The rules for maintaining accounting records, presenting financial and statistical reports, and drawing up annual reports by credit institutions are established by the Bank of Russia, taking into account international banking practice.
The Bank of Russia establishes the specifics of accounting by the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)".

Article 40.1. Ensuring the storage of information on the activities of a credit institution

In order to store information about the property, liabilities of a credit institution and their movement, the credit institution is obliged to record all transactions and other transactions in databases on electronic media that allow the storage of the information contained in them for at least five years from the date of inclusion of information in the databases, and provide access to such information as of each business day. The procedure for creating, maintaining and storing databases containing such information is established by the Bank of Russia.
Ensuring the storage of information contained in the databases, the maintenance of which is provided for by this article, is also carried out by creating them backups.
If a credit institution has grounds for revoking a license provided for by this Federal Law, the Bank of Russia shall send to the credit institution a request to create and transfer for storage to the Bank of Russia backup copies of the databases maintained by this Article.
If a credit institution fails to take measures to ensure the storage of information contained in the databases, the maintenance of which is provided for by this article, including by creating backup copies thereof, the head of the credit institution shall be liable in accordance with federal law.

Article 41. Supervision over the activity of a credit organization

Supervision over the activities of a credit institution is carried out by the Bank of Russia in accordance with federal laws.

Article 42

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. The statements of banking groups and the statements of bank holding companies are subject to an annual audit by an audit organization that, in accordance with the legislation of the Russian Federation, has a license to carry out inspections of credit institutions and has been carrying out an audit of credit institutions for at least two years. Licenses to carry out audits of credit institutions are issued in accordance with federal laws to audit organizations that have been carrying out audit activities for at least two years.
An audit check of a credit institution, banking groups and banking holding companies is carried out in accordance with the legislation of the Russian Federation.
The audit organization is obliged to draw up an opinion on the results of the audit, containing information on the reliability of the financial statements of the credit institution, its compliance with the mandatory ratios established by the Bank of Russia, the quality of the management of the credit institution, the state of internal control and other provisions determined by federal laws and the charter of the credit institution.
The auditor's report shall be sent to the Bank of Russia within three months from the date of submission to the Bank of Russia of the annual reports of the credit institution, banking groups and bank holding companies.

Article 43

A credit institution submits to the Bank of Russia an annual report (including a balance sheet and a profit and loss statement) after confirmation of its authenticity by an audit organization. If a credit institution is able to exert significant (direct or indirect) influence on the activities of other legal entities (except for credit institutions), it shall prepare and submit the said report on a consolidated basis in the manner determined by the Bank of Russia.
A credit institution publishes in the open press an annual report (including a balance sheet and a profit and loss account) in the form and terms established by the Bank of Russia, after confirmation of its authenticity by an audit organization.
The parent credit institution of a banking group, the parent organization of a banking holding company (the managing company of a banking holding company) prepare and submit to the Bank of Russia, for the purpose of supervising the activities of credit institutions on a consolidated basis, in the manner determined by the Bank of Russia, consolidated statements on the activities of the banking group and consolidated statements on activities of the banking holding, each of which includes a consolidated accounting report, a consolidated profit and loss statement, as well as a risk calculation on a consolidated basis.
For the purposes of compiling, presenting and publishing consolidated financial statements on the activities of the banking group, the said consolidated financial statements must include the financial statements of other legal entities in respect of which the credit institutions that are part of the banking group may have a significant (direct or indirect) influence on the activities and decisions taken by the management bodies of these legal entities.
For the purposes of compiling, presenting and publishing consolidated financial statements on the activities of the banking holding company, the said consolidated financial statements must include the financial statements of other legal entities in respect of which the head organization of the banking holding company (management company of the banking holding company) and (or) credit institutions that are part of the banking of the holding may have a significant (direct or indirect) influence on the decisions made by the management bodies of these legal entities.
Legal entities in respect of which the parent credit organization of the banking group, the parent organization of the banking holding company (management company of the banking holding company) exercise significant (direct or indirect) influence, for the purposes of preparing consolidated financial statements, are required to submit reports on their activities to them.
The parent credit organization of a banking group, the parent organization of a banking holding company (management company of a banking holding company) shall not be entitled to disclose information received from other legal entities included in this banking group (this banking holding company) about their activities, except as otherwise provided by this Federal Law, or cases arising from the tasks of publishing consolidated financial statements.

Chairman
Supreme Soviet of the RSFSR
B.N.YELTSIN
Moscow, House of Soviets of the RSFSR
December 2, 1990
N 395-1

Bank - a commercial institution that is a legal entity, which, in accordance with this Law and on the basis of a license (permit) issued by the Central Bank of the RSFSR (hereinafter referred to as the Bank of Russia in the text of this Law), is granted the right to raise funds from legal entities and individuals and on its own behalf, place them on the terms of repayment, payment and urgency, as well as carry out other banking operations.

Individual banking operations may be performed by institutions that are not banks (hereinafter referred to as other credit institutions in the text of this Law).

The provisions of this Law shall apply to other credit institutions, unless otherwise specified in the text of this Law. The provisions of this Law shall apply to the Bank of Russia only in cases expressly provided for by this Law.

Banks are formed on the basis of any form of ownership (including with the attraction of foreign capital) provided for by the legislation of the RSFSR, and carry out their activities on a commercial basis.

The Bank of Russia, the Bank for Foreign Trade of the RSFSR, the Savings Bank of the RSFSR, commercial banks of various types, as well as other credit institutions that have received a license to carry out certain banking operations, form the banking system of the RSFSR.

To finance individual targeted republican, regional and other programs, special banks (development banks) may be created in the manner and on the terms provided for by the relevant legislative acts of the RSFSR.

Banks may form unions, associations and other associations to coordinate their activities, protect the interests of their members and implement joint programs, if their creation does not contradict the requirements of the antimonopoly legislation of the RSFSR and other legislative acts of the RSFSR.

The activities of banks, the authorized capital of which is formed at the expense of Soviet and foreign legal entities and individuals, foreign banks, as well as branches of non-resident banks, is regulated by this Law and other legislative acts of the RSFSR on the activities of these banks.

Banks can perform the following banking operations and transactions:

a) attract deposits (deposits) and provide loans under an agreement with the borrower;

b) carry out settlements on behalf of clients and correspondent banks and their cash services;

c) open and maintain accounts of clients and correspondent banks, including foreign ones;

d) finance capital investments on behalf of the owners or managers of the invested funds, as well as at the expense of the bank's own funds;

e) issue, buy, sell and store payment documents and securities (checks, letters of credit, bills of exchange, shares, bonds and other documents), carry out other operations with them;

f) issue guarantees, guarantees and other obligations for third parties, providing for execution in monetary form;

g) acquire rights to claim for the supply of goods and provision of services, accept the risks of fulfilling such claims and collect these claims (forfaiting), as well as perform these operations with additional control over the movement of goods (factoring);

h) buy from Soviet and foreign legal entities and individuals and sell to them foreign currency in cash and currency held on accounts and deposits;

i) to buy and sell in the RSFSR and abroad precious metals, stones, as well as products made from them;

j) attract and place precious metals in deposits, carry out other transactions with these valuables in accordance with international banking practice;

k) raise and place funds and manage securities on behalf of clients (trust (trust) operations);

l) provide brokerage and consulting services, carry out leasing operations;

m) carry out other operations and transactions with the permission of the Bank of Russia, issued within its competence.

All operations provided for by this article may be carried out both in rubles and in foreign currency, subject to the availability of an appropriate license.

Banks are prohibited from carrying out production and trade operations material values, as well as insurance of all types, except for insurance of currency and credit risks.

The term "bank" or other phrases using this term may be used in a company name or advertising purposes only by legal entities licensed to conduct banking operations in accordance with this Law.

Banks in the RSFSR are not liable for the obligations of the state, the state is not liable for the obligations of banks, except in cases provided for by the laws of the RSFSR.

Banks in the RSFSR are independent of state authorities and management when they make decisions related to the conduct of banking operations.

It is prohibited for employees of public authorities and management bodies to participate (combining positions) in the management bodies of banks.

Banks operate on the basis of their charters adopted in accordance with the legislation of the RSFSR.

The charter of the bank must contain:

name of the bank and its location (postal address);

list of banking operations carried out by the bank;

the size of the authorized capital, reserve, insurance and other funds formed by the bank;

an indication that the bank is a legal entity and operates on a commercial basis;

data on the bank's management bodies, their structure, formation procedure and functions.

The charters of banks are prepared in accordance with the recommendations of the Bank of Russia and may include other provisions that do not contradict the acts of the legislation of the RSFSR and are related to the specifics of the activities of banks.

Banks are required to notify the Bank of Russia of all changes made to the Charter.

The authorized capital of the bank consists of funds of legal entities and individuals, which serves as collateral for the bank's obligations.

The authorized capital is formed from the funds of at least three bank participants.

Funds of the Councils of People's Deputies of all levels and their executive bodies, funds of political organizations, as well as funds of specialized public funds (including charitable ones) cannot be used to form the authorized capital of the bank.

Chapter II PROCEDURE FOR OPENING AND TERMINATION OF BANKS

The Bank operates on the basis of a license issued by the Bank of Russia. The license provides for a list of operations performed by the bank.

To obtain a license, founders of banks submit the following documents to the Bank of Russia:

a) an application for a license;

b) constituent documents (memorandum of association, charter of the bank, protocol on the adoption of the charter and appointment of the governing bodies of the bank);

c) economic justification;

d) data on the heads of the bank (chairman (director), chief accountant and their deputies).

When there is a change in the personal composition of the bank's management, documents confirming professional quality newly appointed officials.

To obtain a license for banking operations by a joint bank with the participation of Soviet and foreign capital, a foreign bank or a branch of a non-resident bank, the following documents legalized in the prescribed manner shall be additionally submitted to the documents specified in Article 12 of this Law:

a) foreign legal entities:

the decision of the relevant body of the foreign founder (participant) on his participation in the creation of a bank on the territory of the RSFSR or on the opening of a branch;

charter or other document confirming the status of a legal entity, and its published balance sheets for the previous three years;

written consent of the control body of the country of residence of the foreign founder (participant) to his participation in the creation of a bank on the territory of the RSFSR or to open a branch;

b) foreign citizens:

confirmation of a first-class (according to international practice) foreign bank on the solvency of this person;

To ensure equal competitive conditions for all banks, the Bank of Russia may impose additional requirements on the founders of joint banks with the participation of Soviet and foreign capital and non-resident banks regarding the minimum and maximum amounts of their authorized capital.

The Bank of Russia registers the statutes of banks and maintains a register (regional book of registrations) of banks that have received licenses. Entries in the register are made simultaneously with the issuance of a license.

Banks acquire the right to carry out banking operations from the moment they receive a license. In case of liquidation or reorganization of banks, the license is returned to the Bank of Russia, and the entry in the register is cancelled.

The register of banks, amendments and additions to it are published by the Bank of Russia in the open press.

The Bank of Russia considers banks' applications for issuing a license to conduct banking operations and registering their Charters within a period not exceeding three months from the date of receipt of all documents provided for by this Law.

The Bank of Russia may refuse to issue a banking license and register a bank's Charter on any of the following grounds:

inconsistency of the constituent agreement and the charter with the legislation in force in the RSFSR;

unsatisfactory financial position of the founders (according to the conclusion of the audit organization), threatening the interests of depositors and creditors of the bank.

The Bank of Russia may revoke a license issued to a bank in the following cases:

a) discovery of false information on the basis of which the license was issued;

b) provision by the bank of false data in the reporting provided for in Article 31

c) delay in the commencement of the bank's activities for more than one year from the date of issue of its license;

d) carrying out by the bank of operations not provided for by the license of the Bank of Russia;

e) detection of other violations provided for in Article 33 of the Law of the RSFSR "On the Central Bank of the RSFSR (Bank of Russia)"

f) detection of violations by the bank of the requirements of the antimonopoly legislation of the RSFSR;

g) declaring the bank insolvent (bankrupt);

h) refusal to comply with the instructions of the State Tax Service of the RSFSR on the payment in an indisputable manner of taxes and other payments due to the budgetary system - on the proposal of the head or deputy heads of the State Tax Service of the RSFSR;

i) repeated non-execution of orders of arbitration courts.

The revocation of a license must be preceded by preventive measures aimed at eliminating the violations specified in this article of the Law. The revocation of the license acts as a decision to liquidate the bank.

Decisions of the Bank of Russia on issues of issuing and revoking a license, registering charters of banks, as well as other decisions related to the performance by the Bank of Russia of supervisory functions, may be appealed by the bank to the Supreme Arbitration Court of the Russian Federation.

Damage caused to banks shall be compensated in the manner prescribed by the legislation of the RSFSR.

Banks registered by the Bank of Russia have the right to open branches and representative offices on the territory of the RSFSR and outside it on the basis of the legislation in force in the respective territory.

The bank is terminated in accordance with the legislation of the RSFSR.

Chapter III ENSURING THE FINANCIAL STABILITY OF THE BANK. PROTECTION OF THE RIGHTS, INTERESTS OF ITS CREDITORS AND INVESTORS

All banks on the territory of the RSFSR must keep required reserves with the Bank of Russia.

The Bank of Russia, in accordance with the articles and the Law of the RSFSR "On the Central Bank (Bank of Russia)", establishes the ratio of required reserves of banks deposited with the Bank of Russia.

Banks are required to have their own insurance and reserve funds, the procedure for the formation and use of which is established by the Bank of Russia and the charters of banks.

Banks are required to comply with the following economic standards established by the Bank of Russia:

the minimum amount of the authorized capital of the bank;

the limiting ratio between the size of the authorized capital of the bank and the amount of its assets, taking into account the risk assessment;

balance sheet liquidity indicators;

the minimum amount of required reserves placed with the Bank of Russia;

the maximum amount of risk per borrower;

limiting the size of currency and exchange rate risks;

restrictions on the use of attracted deposits for the acquisition of shares of legal entities.

Banks, including the Bank of Russia, guarantee the secrecy of transactions, accounts and deposits of their customers and correspondents. All employees of the bank are obliged to keep secret the operations, accounts and deposits of the bank, its customers and correspondents.

Information on operations and accounts of legal entities and other organizations may be issued to the organizations themselves, their higher authorities, courts, investigating authorities, arbitration courts, audit organizations, as well as financial authorities on tax issues.

Certificates on accounts and deposits of citizens are issued, in addition to the clients themselves and their representatives, to the courts and investigating authorities in cases that are in their proceedings, in cases where funds and other valuables of clients are seized, foreclosed or confiscation of property is applied.

Certificates on accounts and deposits in the event of the death of their owners are issued to persons indicated by the owner of the account or deposit in the testamentary disposition made to the bank, to state notaries' offices on inheritance cases in their proceedings on the contributions of deceased depositors, as well as to foreign consular institutions.

The funds and other valuables of legal entities held in banks may be seized only by court decisions, decisions of investigating bodies or arbitration courts, and collection can be levied only on writ of execution issued by courts, by orders of arbitration bodies and other executive documents, and in cases provided for by the legislation of the RSFSR, at the request of financial authorities and other organizations.

Cash and other valuables of foreign and international organizations held in banks may be seized or foreclosed only on the basis of a decision of courts or arbitration courts in the manner prescribed by current legislation.

Money and other valuables of citizens located in banks may be seized only on the basis of:

decisions of courts and resolutions of investigative bodies on criminal cases being handled by them, as well as in cases provided by law for considering cases on confiscation of property;

decisions of courts (decrees of people's judges) in the production of which are civil cases arising from criminal cases, cases on the recovery of alimony (in the absence of earnings or other property that can be levied) or on the division of a contribution that is the joint property of the spouses.

Foreclosure on money and other valuables of citizens may be levied on the basis of a sentence or a court decision that satisfies a civil claim arising from a criminal case, a court decision or a decision of a people's judge on the recovery of alimony (in the absence of earnings or other property that can be foreclosed ) or a court decision on the division of the contribution, which is the joint property of the spouses.

Confiscation of funds and other valuables of citizens may be carried out on the basis of a judgment that has entered into legal force or a decision on the confiscation of property issued in accordance with the Law.

Chapter IV RELATIONS BETWEEN BANKS AND CUSTOMER SERVICE BY BANKING

Banks on a contractual basis can attract and place funds with each other in the form of deposits, loans and perform other mutual transactions provided for by their charters.

If there is a shortage of funds to lend to clients and fulfill their obligations, banks may apply for loans to the Bank of Russia on terms determined by the Bank of Russia.

Interest rates and the amount of commission on bank operations are set by banks independently, taking into account the provisions provided for in Article 15 of the Law of the RSFSR "On the Central Bank of the RSFSR (Bank of Russia)" and within the limits of the monetary policy requirements of the Bank of Russia.

Relations between banks and clients are contractual. Clients independently choose banks for credit and settlement services.

Banks carry out settlements in the forms established by the Bank of Russia, as well as in the forms accepted in international banking practice.

Banks are prohibited from using their unions, associations and other associations to reach agreements aimed at monopolizing the banking operations market in matters of setting interest rates and commission fees, on

Interest rates on loans and (or) the procedure for determining them, including determining the amount of the interest rate on a loan depending on changes in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and commission on operations are established by the credit institution in agreement with clients, unless otherwise provided by federal law.

A credit institution does not have the right to unilaterally change interest rates on loans and (or) the procedure for determining them, interest rates on deposits (deposits), commission fees and the validity period of these agreements with clients - individual entrepreneurs and legal entities, except for the cases provided for federal law or contract with the client.

Under an agreement on a bank deposit (deposit) made by a citizen on the terms of its issuance after a certain period of time or upon the occurrence of circumstances stipulated by the agreement, the bank cannot unilaterally shorten the term of this agreement, reduce the amount of interest, increase or establish a commission on operations, with the exception of cases provided for by federal law.

Under a loan agreement concluded with a citizen borrower, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the procedure for determining them, increase or establish a commission on operations, except as otherwise provided by federal law .

A credit institution that owns an ATM is obliged to inform the holder of a payment card before the moment he makes settlements using a payment card, sends him instructions to the credit institution on the implementation of settlements on his bank accounts using ATMs belonging to this credit institution, with a warning inscription displayed on the screen of the ATM about the amount of the commission fee established by the credit institution - the owner of the ATM and charged by it for the performance of these operations in addition to the fee established by the agreement between the credit institution that issued the payment card and the holder of this card, or on the absence of such fee, and also reflected based on the results of these operations, information on the commission fee of the credit institution - the owner of the ATM in the event that such a fee is charged on the ATM receipt or on the absence of such fee.

Judicial practice under Article 29

Decision dated October 10, 2019 in case No. А56-64409/2019

Arbitration Court of St. Petersburg and the Leningrad Region (AC of St. Petersburg and the Leningrad Region)

The stated requirements include a requirement to invalidate the transaction debiting the Plaintiff's account of funds in the amount of 1,200,000 rubles under bank order No. 900102 dated 29. 04.2019 and the requirement to invalidate the transaction, debiting the Claimant's account of funds in the amount of 1,200,000 rubles under bank order No. 535960 dated 04.26....

Decision dated September 19, 2019 in case No. А04-5035/2019

Arbitration Court of the Amur Region (AC of the Amur Region)

Client and a copy of his seal financial statements in the composition and in the forms approved by the Ministry of Finance of the Russian Federation, with a mark of the division of the Federal Tax Service of Russia on acceptance). 29. 04.2019 MTS-Bank PJSC, as part of the fulfillment of the requirements of Federal Law No. 115-FZ dated 07.08.2001 "On counteracting the legalization (laundering) of proceeds from crime and the financing of...

Resolution of September 4, 2019 in case No. А40-674/2019

Ninth Arbitration Court of Appeal (9 AAS)

In the cases stipulated by the bank account agreement, the client pays for the bank's services for performing transactions with funds in the account. As follows from Part 1 of Art. 29 of the Federal Law “On Banks and Banking Activities”, commission fees for transactions are established by a credit institution by agreement with customers, unless otherwise provided by federal law. According to paragraph 2.1 ....

Decision No. 2-182/2019 2-182/2019~M-170/2019 M-170/2019 dated August 30, 2019 in case No. 2-182/2019

Verkhovsky District Court (Oryol Region) - Civil and administrative

And the requirements of the law. A unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed, except as otherwise provided by law. By virtue of h. 1 Article. 29 of the Federal Law "On Banks and Banking" interest rates on loans and (or) the procedure for their determination, including the determination of the interest rate on a loan, depending ...

Decision No. 2-1751/2019 2-1751/2019~M-1162/2019 M-1162/2019 dated August 28, 2019 in case No. 2-1751/2019

Kstovsky city court (Nizhny Novgorod region) - Civil and administrative

The number is anonymous). – credit card service charge. Based on the foregoing, referring to Article.Article. 8, 11, 12, 15, 309, 310, 811, 819 of the Civil Code of the Russian Federation, Art. 29, 30 of the Federal Law "On Banks and Banking", clauses 1.4, 1.8 of the Regulations of the Bank of Russia "On the Issuance of Bank Cards and on Transactions Made Using Payment...

Decision dated August 28, 2019 in case No. А19-9527/2019

Arbitration Court of the Irkutsk Region (AC of the Irkutsk Region)

That the fee for using the loan amount consists of a constant percentage and a variable value depending on market fluctuations, in itself does not contradict the provisions of Articles 29, 30 of the Federal Law of December 2, 1990 No. 395-1 “On banks and banking activities”. The provisions of Part 4 of Article 29 of the Federal Law “On Banks and Banking Activities” cannot ...

Decision dated August 27, 2019 in case No. А46-9780/2019

Arbitration Court of the Omsk Region (AC of the Omsk Region)

16 of the Law of the Russian Federation of 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights), part 1, part 4 of Article 29, Article 30 of the Law of the Russian Federation No. 395-1 of 02.12.1990 “ On banks and banking activities”, paragraph 15 of part 9 of article 5, part 2, part 15 of article ...