Documents required for registration and obtaining a license

A list of such documents is contained in Art. 14 of the Law "On Banks and Banking Activities" and includes:

1) an application addressed to the head of the Bank of Russia with a request for registration and issuance of a banking license, indicating the address of the permanent executive body of the organization (should be drawn up in the form approved by the Decree of the Government of the Russian Federation "On approval of forms and requirements for the execution of documents used in state registration legal entities, as well as individuals as individual entrepreneurs"dated June 19, 2002 No. 439);

2) the original or a notarized copy of the memorandum of association (when its signing is provided for by law);

3) charter (original or notarized copy);

4) minutes of the meeting of founders;

5) business plan approved by the meeting of founders;

6) documents on the payment of the state fee (2 thousand rubles) for the upcoming registration of the bank and the license fee (0.1% of the amount of the bank's authorized capital) for considering the issue of issuing a license;

7) copies of documents on state registration of founders - legal entities, audit reports on the reliability of their financial statements, as well as certificates from the authorities tax service on the fulfillment by founders - legal entities of obligations to budgets for the last three years (for details, see subparagraph 3.1.7 of Instruction No. 109);

8) documents confirming the sources of origin of funds contributed to the bank's UK by founders - individuals (Instruction No. 109 does not mention this item);

9) completed questionnaires of candidates for the positions of the head, chief accountant and deputy chief accountant of the bank.

The listed and some other documents (see below about them) must be submitted to the TS of the Central Bank at the location of the bank in the name of the head of the TS. The deadline for filing documents is not set in the law, but Instruction No. 109 requires that this be done within a month from the moment the founders sign the constituent documents and that a cover letter be attached to the package of documents (its contents and purpose are not explained).

In addition, in accordance with Instruction No. 109, the founders must submit:

Documents confirming the ownership of at least one of them to the building (premises) in which the bank will be located, or the obligation to provide it for rent (sublease) in case of registration of the bank (meaning the option when such a building is not included in the Bank's Criminal Code );

A written notice containing a list of members of the board of directors (supervisory board) of the bank and information about the absence of grounds preventing the election of these persons to the board of directors (supervisory board) of the bank.

Simultaneously with the application for registration and issuance of a license, an application for registration with the tax authority must be submitted (see the document of the Central Bank of an operational nature dated April 29, 2003 No. 66-T).

The law requires founders who are natural persons to submit declarations of their income certified by tax authorities. In the Regulations of the Central Bank "On the acquisition by individuals of shares (shares) in the authorized capital credit institution» dated March 26, 1999 No. 72-P, it is explained that in the situation under consideration, the newly created bank must submit to the TS of the Central Bank the documents necessary to verify the legitimacy of paying the bank's capital at the expense of individuals and confirming their satisfactory financial position. Such documents in the Regulation include not only properly executed income declarations, but also certificates of income from the place of work, the availability of funds in accounts with credit institutions, etc. At the same time, these individuals do not have to provide evidence (certificates) that they do not have debts to the budgets.

Instruction No. 109, “not resting on our laurels”, prescribes that the founders of the bank, in addition to all of the above, submit a number of documents (see subparagraphs 3.1.10-3.1.15). You can not even ask a rhetorical question as to whether there are too many papers.

Registration procedure

In the Law on Banks, the procedure for registering a newly created bank is spelled out very concisely. In fact, here (Article 15) there are only two norms, the second of which is essential: the TU of the Central Bank, having received from the founders all the documents necessary for registering and licensing a new bank, must issue them a certificate stating that the documents have been accepted; The Bank of Russia must make a decision on registering a new bank and issuing a license to it within a period not exceeding six months. It seems that this period is clearly too long, especially in the current conditions, when new banks are established quite rarely.

The registration procedure is described in more detail in Chapter 6 of Instruction No. 109. The following items attract attention here:

The term for consideration of documents by the TS of the Bank of Russia should not exceed three months from the date of their receipt;

If there are comments on the submitted documents, and also if the set of documents is incomplete, then they are returned to the founders with a written opinion; corrected and resubmitted documents are considered newly received (this, unfortunately, is a bureaucratic tradition);

In the absence of comments, the TR sends its positive opinion to the central office of the Bank of Russia, which must contain complete information, on the basis of which it was concluded that the bank could be registered and issued a license (see clause 6.10 of the Instructions), moreover, more than a solid package of original documents submitted by the founders (see clause 6.11 of Instruction No. 109). The TU of the Central Bank carries out all this work, also adhering to the requirements of the letter dated July 29, 1997 No. 493;

The central office of the Bank of Russia considers the received documents (within a period not exceeding six months from the date of receipt of the documents by the TS of the Central Bank) and makes a decision on the possibility of registering a bank (adhering, in particular, to the procedures outlined in Regulation No. 454 of May 26, 1997 ).

The Bank is subject to registration in accordance with the Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated May 8, 2001 No. 129-FZ, taking into account the special procedure for registering credit institutions established in the Law "On Banks and Banking Activity". In practice, this means the following.

In accordance with Law No. 129, state registration of legal entities is entrusted to the authorized federal executive body, which maintains all relevant registers. The newly created bank submits all the documents necessary for registration to the Bank of Russia (TU), which, having found no reasons for refusal, decides on its registration. Previously, the registration procedure actually ended with the fact that the Central Bank, on the basis of its own decision, entered a new bank in the Book of State Registration of Credit Institutions.

Now the procedure has become more bureaucratic: the Bank of Russia, having made a positive decision on the registration of a new bank, must send to the authorized registering body the information and documents necessary for this body to maintain a unified state register of legal entities. At the same time, the interaction of the Bank of Russia with the specified body on all issues of registration of credit institutions from their inception to liquidation is carried out in the manner agreed upon by these two bodies (see the Central Bank document “On the Procedure for Interaction between the Ministry of Taxation of Russia and the Bank of Russia on State Registration of Credit Institutions” dated 27 June 2002 No. 82-T, containing the relevant regulations).

On the basis of the said decision of the Bank of Russia and the information and documents submitted by it, the authorized body, within a period of not more than five working days, makes an appropriate entry about the new legal entity in the unified state register of legal entities and notifies the Bank of Russia of this no later than the next working day. Upon receipt of such a message, the Bank of Russia makes an appropriate entry in the State Registration Book of Credit Institutions, which it still maintains itself, notifies the founders of the bank about this no later than three working days (issues to them a document confirming the fact that an entry about the bank has been made in the unified state register of legal entities). persons) and invites them to pay 100% of the MC declared by the bank within a month.

After that, the Bank of Russia signs the certificate of registration of the bank. Further, the relevant department of the Central Bank no later than the next business day: puts on the title page of each copy of the constituent documents a stamp with the date of registration of the bank and its registration number; sends two copies of the certificate of registration of the bank and its constituent documents to its respective TS. As a result, the new legal entity receives two registration numbers: the main state one (with the authorized registering body) and the serial number (with the Bank of Russia), although there is clearly little point in this.

From the moment of state registration, the bank receives the status of a legal entity. He does not yet have the right to conduct banking operations; he also cannot use the funds already contributed by the founders to the MC.

In turn, the TS of the Central Bank: sends the founders a notification of the completed registration, which also indicates the details of the correspondent account opened with the Bank of Russia RCC to pay for all 100% of the bank's authorized capital (in accordance with Article 15 of the Law on Banks, such payment must be completed within one month from the date of receipt of the notification. set time is the basis for the annulment of decision 6 of the registration of the bank); enters information on the registration of a new bank in the register of credit institutions located in the territory under its jurisdiction; issues one copy of the questionnaires of candidates for! positions of heads of executive bodies and the chief accountant of the bank with a note of approval, a certificate of state registration of the bank and one copy of its constituent documents to the chairman of the board or another authorized person of the bank, confirming in writing the receipt of these documents.

After that, the bank can proceed with the appointment of agreed candidates for the positions of managers and chief accountant, of which the bank must notify the TS of the Central Bank in writing within three working days (it is necessary to indicate the number and date of the decision of the authorized management body of the bank on the appointment of these persons to positions and attach a certified copy of such decision to be notified).

On the next day after receiving the notification from the bank, the TU Central Bank sends: a message to the subordinate RCC about the possibility of accepting cards with sample signatures of managers and the chief accountant of the new bank; notification to the central office of the Bank of Russia about the appointment of previously agreed candidates for the positions of managers and chief accountant of the bank.

The Law “On Banks and Banking Activities” (Article 16) allows only the following grounds on which a bank being created can be denied registration and, accordingly, issuance of a license:

1) non-compliance of the proposed candidates for the positions of heads of executive bodies and/or chief accountant with the qualification requirements;

2) unsatisfactory financial position of the founders or their failure to fulfill their obligations to the budgets for the last three years;

3) non-compliance of the documents submitted for registration and obtaining a license with the requirements of laws and regulations of the Central Bank adopted in accordance with them, although in this case it would be more correct to simply return the documents for revision;

4) non-compliance of the business reputation of “candidates for the positions of members of the council” with the qualification requirements established in federal laws and the regulations of the Bank of Russia adopted in accordance with them, the presence of a criminal record for committing a crime in the field of economics (the disputability of this norm has already been mentioned earlier).

The decision to refuse registration and accordingly issue a license is communicated to the founders in writing and must be motivated.

Obtaining a license

After registration, the main condition for obtaining a license remains 100% formation of the Criminal Code within a month and documentary confirmation this fact. In Art. 15 of the Law "On Banks and Banking Activities" it is written: "Upon presentation of documents confirming the payment of 100% of the declared authorized capital of a credit institution, the Bank of Russia issues a banking license to the credit institution within three days."

It is possible to confirm the fact that the Criminal Code is actually fully formed in the following order (see Chapter 7 of Instruction No. 109).

Within a period not exceeding one month from the date when, according to the bank, his MC is paid in full, he submits to the TS of the Central Bank documents certifying the completeness and legitimacy of payment (their list is given in clause 7.2 of the Instruction).

Based on the documents received from the bike, created in the form of an LLC, the TU of the Central Bank (its division dealing with licensing issues), within a period not exceeding 10 days from the date of their receipt, sends a conclusion to the central office of the Bank of Russia on the legality of payment of the UK.

A bank established in the form of a JSC shall, within a month, send documents to the Bank of Russia for registration of a report on the results of the 1st share issue. On the basis of the same documents as in the previous case, received from a bank established in the form of a joint-stock company, the TS of the Central Bank (a division dealing with licensing issues), within a period not exceeding 10 days from the date of their receipt, checks the legality of payment of the MC and sends its conclusion on the possibility of registering a report on the results of the issue of shares either with the subdivision registering the issues of shares in this TS, or with the department of the Central Office of the Bank of Russia performing similar functions.

After registering the report on the results of the issue of shares, the specified department or the relevant division of the TC of the Central Bank sends a copy of the letter on the registration of the report to the TC of the Central Bank (a division dealing with licensing issues), after receiving which the specified division sends to the central office of the Central Bank a conclusion on the legitimacy of payment of the MC of the new bank.

Confirmation of timely and legal payment of 100% of the UK is the basis for issuing a bank license to conduct banking operations. Having received the conclusion of its TS on the legitimacy of paying for the entire MC, the Bank of Russia, within three working days, decides to issue a license to the new bank and sends two copies of it to the territorial institution. TU Central Bank issues one copy of the license to the chairman of the board of the bank or another authorized person, confirming in writing the receipt of the specified document.

The establishment and activities of the Bank and a non-bank credit institution (NCO) are mainly regulated by such federal laws as the Federal Law “On Banks and Banking Activities” (hereinafter referred to as the Banking Law), the Federal Law “On central bank Russian Federation(Bank of Russia).

NCOs (non-bank credit organizations) first appeared relatively recently compared to the appearance of the first banks. Such organizations appeared in the 1990s on the recommendation of the International Monetary Fund.

Both the Bank and the NCO are lending institutions. Their difference lies in the fact that the Bank can carry out any banking operations (including any combination of them) prescribed in the law on banking activities, and the NBCO can perform certain types of banking operations established for it by the Bank of Russia.

Credit organizations can unite into non-profit corporate organizations - associations and unions that cannot carry out banking operations and are not created for profit. Their creation is regulated by the legislation on non-profit organizations.

An NCO and a Bank may operate only if they have a license; the decision on state registration of such organizations is made by the Bank of Russia.

Cost of services for registration of a non-bank credit organization

Registration of a non-bank credit organization

from 6 months

from 200 000 rub.

Procedure for registering a credit organization

Credit institutions are created in the form of limited liability companies and joint-stock companies JSC and must contain in their name an indication of the nature of the activity by reflecting the words "non-bank credit organization" or "bank" in the name.

The charter of a credit institution, regardless of its OPF, is its only founding document. When registering the Bank, it must be formed authorized capital(MC) in the amount of at least 300 million rubles, and when registering a non-banking credit institution, the size of the minimum UK is 90 million rubles. If necessary, the lawyers of the International Law Company will help you determine the minimum size of the Criminal Code required to register your NCO. Only the founders' own funds, but not attracted in any way, can be used to form the charter capital of a credit institution.

The decision on state registration of a credit institution is made by the Bank of Russia, it is issued by the Bank of Russia within 6 months from the date of sending documents for state registration of a credit institution. For a credit institution making a transfer Money without opening a bank account, such a period will be 3 months. Directly enters information about a registered credit organization into the state register tax office, authorized to maintain the state register (EGRLE) jur. persons, on the basis of a decision taken by the Bank of Russia within 5 working days. Further, the Bank of Russia notifies the founders of the accomplished fact of entering information about the credit institution into the state register no more than 3 working days later. From this moment, within 1 month, the declared authorized capital must be paid by 100%.

After the state registration of a credit institution (inclusion of information about it in the state register) and full payment of the authorized capital, within 3 days such a credit institution is issued a license without limitation of the validity period, under which it will be able to carry out banking operations. Carrying out banking operations by a credit institution without a license is unacceptable and is punishable by a fine at the request of the prosecutor to the court. Including citizens who carry out banking operations illegally, administrative, civil and criminal liability is imposed.

Documents required for registration of a non-bank credit institution, a Bank

For state registration of a non-bank credit institution or a Bank, the following set of documents is required:

an application for state registration of a non-bank credit institution or a Bank with a request for a license to carry out banking operations;

charter in the original or a copy certified by a notary;

business plan approved by the founders at the founding meeting of the CO;

minutes of the founding meeting on the establishment of a non-bank credit institution or the Bank;

documents confirming the payment of state duties for state registration of a credit institution (CO) and for granting a license for banking operations;

the auditor's report on the accounting (financial) statements of the founders who are legal entities;

documents confirming the sources of origin of funds contributed to the authorized capital of the CO by the founders - individuals;

questionnaires filled in by hand, candidates for the positions of head of the KO, chief accountant, including deputy chief accountants of the KO

documents that allow assessing the business reputation of the founders of the CO, as well as candidates for members of the Board of Directors of the CO and other persons in accordance with the legislation of the Russian Federation.

On its own initiative, the KO may be provided with information (documentation) on the state registration of its founders - legal entities. persons, including information on the fulfillment by them of all obligations to the budget over the past 3 years.

To form a set of documents for state registration of a non-bank credit institution or a Bank, you must:

the desired name of the credit institution (CO): full and abbreviated, in a foreign language;

information about the address (location) of the governing bodies of the KO;

a list of banking operations and transactions carried out by the CI;

information on the size of the authorized capital of the KO;

information about the system of all management bodies of the KO, including the procedure for their formation and a list of their powers;

information on the number of founders of the CO, their size of shares in the UK, as well as ordinary copies of civil passports, personal TIN and contact phone numbers of the founders - individuals;

copies of extracts from the Unified State Register of Legal Entities, constituent documents and documents confirming the state registration of the founders - legal entities of the CO;

copies of the civil passport of citizens who are members of the governing executive bodies of the KO, copies of their personal TIN and information about their contact phone numbers;

documents confirming official sources origin of the funds of the founders of the KO.

The specified list of information and documents is the minimum required, more detailed necessary documentation and information will be requested by our specialists in the field of registration of a non-bank credit institution at the time of signing the contract for the provision legal services or immediately prior to the signing of said contract.

In the Russian Federation, the registration of credit institutions is carried out in accordance with the federal laws "On State Registration of Legal Entities and Individual Entrepreneurs" and "On Banks and Banking Activity". 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 accordance with the procedure agreed by the Bank of Russia with the authorized registering body.

Documents required for state registration of a credit organization

For state registration of a credit institution and obtaining a license to conduct banking operations, the Central Bank of the Russian Federation requires the founders of the bank to submit to territorial office Bank of Russia at the place of its intended location, along with a cover letter, certain documents. Their analysis will help determine the potential financial stability, competitiveness of the future bank, the feasibility of its operation, the ability to meet the needs of customers, work within the framework of existing laws. Such documents include the following.

1. An application for the state registration of a credit institution, drawn up in accordance with the form approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439 “On approval of forms and requirements for execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs” . It also contains information about the location of the permanent executive body of the credit institution. The application shall be accompanied by an application for the state registration of a credit institution and the issuance of a license for banking operations.

2. Memorandum of Association, which contains:

• the obligation of the founders to create a credit organization;
• the procedure for joint activities to create it;
• the composition of the founders of the credit institution;
• conditions for the transfer by the founders of their property to the credit institution and their participation in its activities;
• conditions and procedure for the distribution of profits between the founders;
• the procedure for the withdrawal of founders from its composition;
• the size of the authorized capital. The Federal Law "On Banks and Banking Activities" states that the authorized capital of a credit institution is made up of the amount of deposits of its participants and determines the minimum amount of property that guarantees the interests of its creditors. Minimum size the authorized capital of newly registered credit institutions is established by the Bank of Russia depending on the type of credit institutions;
• the size of the share of each founder in the authorized capital;
• size and composition of deposits;
• the procedure and terms for making contributions to the charter capital of a credit institution upon its establishment;
• information on the composition and competence of the governing bodies and the procedure for their decision-making.

Memorandum of Association must be signed everyone founders.

3. Charter approved by the meeting of founders of the credit organization. It must contain:

• corporate and abbreviated name of the credit institution in Russian;
• information on the location of the management bodies of the credit institution and its separate subdivisions;
• the list of banking operations and transactions carried out by the credit institution, determined in accordance with Art. 5 FZ "On banks and banking activities";
• information on the amount of the authorized capital, on the procedure for its formation, as well as on the size of the reserve fund and annual deductions for its formation;
• information on the system of management bodies of the credit institution, including its executive bodies, and internal control bodies of the credit institution, on the procedure for their formation and their powers;
• provisions relating to ensuring the accounting and preservation of documents, as well as their timely transfer to state storage in accordance with the established procedure during the reorganization and liquidation of a credit institution;
• provisions defining the procedure for reorganization and liquidation of a credit institution.

4. A credit institution's business plan drawn up in accordance with the requirements established by the regulatory documents of the Bank of Russia and approved by the general meeting of founders.
5. Minutes of the general meeting of founders, containing decisions:

• on the establishment of a credit institution;
• on the approval of its name;
• on approval of the charter of the credit organization;
• on approval of candidates for appointment to the positions of the sole executive body, his deputies, members of the collegial executive body of the credit institution, chief accountant, deputy chief accountants of the credit institution;
• on approval of the business plan;
• on the election of members of the board of directors;
• on approval of the monetary value of the founders' contributions to the charter capital of a credit institution in the form of non-monetary property;
• on the appointment of a person authorized to sign documents submitted to the Bank of Russia for state registration.

6. Documents confirming the payment of the state duty (fee) for registering a credit institution (in the amount of 2,000 rubles) and the license fee for considering the issue of issuing a license for banking operations (in the amount of 0.1% of the authorized capital).

7. Copies of documents confirming the state registration of the founders, or containing such extracts from the relevant Unified State Register, copies of constituent documents, audit reports on the reliability of the financial statements of the founders with the application of balance sheets, profit and loss statements for the last 3 years of activity, confirmation by the tax authorities of the implementation obligations of the founders to the budgets, copies of publications in which the financial statements founders.

8. Questionnaires of candidates for the positions of managers, chief accountant and deputy chief accountant of a credit institution. They are filled in by these persons personally and contain information about their higher legal or economic education; experience in managing a department or other subdivision of a credit institution; information about a criminal record. Documents must also be submitted confirming the education of applicants and the right of these candidates to carry out labor activities in the territory of the Russian Federation. In addition, it is necessary to submit a notice in writing containing a list of members of the board of directors of the credit institution and information on the absence of grounds preventing the election of these persons to the board of directors of the credit institution.

9. Copies of documents confirming the ownership (lease) right of the founder or other person to the completed building (premises) in which the credit institution will be located, the obligation to lease it after the state registration of the credit institution and the consent of the lessor to this, if if the building is not made as a contribution to the charter capital of the credit institution.

10. Documents required for the preparation of an opinion on the compliance by the credit institution with the requirements for conducting cash transactions.

11. Notification of the acquisition of more than 5% of the shares (stakes) of a credit institution.

12. Conclusion of the federal antimonopoly body.

13. Documents required for registration of the first issue of shares of a credit institution.

14. List of founders of the credit institution, which must be submitted on paper.

All documents for registering a credit institution and obtaining a banking license shall be submitted to the territorial office of the Bank of Russia at the proposed location of the credit institution being created no later than one month after the conclusion of the memorandum of association and the approval of the charter of the credit institution for companies with additional or limited liability and the conclusion of an agreement on preparation and approval of the charter of a credit institution when creating a joint-stock company.

Upon receipt of these documents, the territorial branch of the Bank of Russia shall issue to the founders of the credit institution a written confirmation of their receipt and review these documents within 90 days. If at the same time there are certain comments on them, the Bank of Russia returns them to the founders for revision with a written opinion. In the absence of comments, the territorial branch of the Bank of Russia sends a positive opinion to the Department for Licensing Activities and Financial Recovery of Credit Institutions of the Bank of Russia, which must contain complete information, on the basis of which a conclusion was made about the possibility of state registration of the newly created credit institution and the issuance of a license for banking operations. It includes:

• information about the terms of consideration of documents;
• business plan evaluation;
• information on the compliance of the premises of the credit institution for transactions with valuables with the requirements established by the regulations of the Bank of Russia;
• information on the submission to the territorial branch of the Bank of Russia of a notice of the acquisition of more than 5% of the shares (stakes) of a credit institution and the existence of a connection between the founders, as well as on the characteristics of such a connection (on the existence of an agreement, on participation in each other's capital or other form of connection);
• information on the preliminary approval of the acquisition by the founders of more than 20% of the shares (stakes) of the credit institution;
• information on the compliance of candidates for the positions of heads of a credit institution, chief accountant, deputy chief accountant with the qualification requirements;
• information on the compliance of the business reputation of candidates for the positions of members of the board of directors with the qualification requirements and on the absence of a criminal record for committing crimes in the economic sphere;
• information on the submission by the founders of documents for obtaining a license for banking operations. Documents submitted by the founders of the credit institution shall be attached to the opinion.

A decision on the state registration of a credit institution and the issuance of a license for banking operations or on a refusal to do so by the Bank of Russia on the basis of consideration of the said documents shall be made within a period not exceeding 6 months from the date of submission of all documents provided for by the Federal Law "On Banks and Banking Activity". After making a decision on the state registration of a credit institution, the Bank of Russia, within 3 days, 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 no more than 5 business 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 business day following after the date of making the corresponding entry, informs the Bank of Russia about it.

After receiving a notification from the authorized registering body that an entry on the registration of a credit institution has been made in the Unified State Register of Legal Entities, the Bank of Russia shall enter into the Book of State Registration of Credit Institutions information about the main state registration number of the credit institution and the date of its assignment. And no later than 3 working days from the date of receipt from the authorized registering body of information about the entry made in the Unified State Register of Legal Entities about the credit institution, notifies its founders about this with a requirement to pay 100% of the declared authorized capital of the credit institution within a month and issues to the founders a document confirming the fact of making an entry about the credit institution in the Unified State Register of Legal Entities. For the state registration of credit institutions, a state fee is levied in the manner and in the amount established by the legislation of the Russian Federation. The announcement of the state registration of a credit organization is published in the Bulletin of the Bank of Russia.

Grounds for denial of state registration of a credit institution

The Bank of Russia has the right refuse state registration credit institution for the following reasons:

1. non-compliance with the qualification requirements of candidates for the positions of heads of executive bodies, the chief accountant and his deputies. The non-compliance of candidates proposed for these positions with these qualification requirements is understood as: their lack of higher legal or economic education and experience in managing a department, other division of a credit institution whose activities are related to banking operations, or the lack of two years of experience in managing such a department, division; the presence of a criminal record for committing crimes in the field of economics; committed within the last year administrative offense in the field of trade and finance; the presence during the last 2 years of facts of termination of the employment agreement (contract) with the indicated persons at the initiative of the administration; within the last 3 years, the credit institution, in which each of these candidates was the head of the credit institution, has been requested to replace him as the head of the credit institution in the manner prescribed by the Federal 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. 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 3 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 issue a banking license to it shall be communicated to the founders of the credit institution in writing and must be motivated. Refusal to state registration of a credit organization and issue it a license to carry out banking operations may be appealed against in an arbitration court.

Procedure for Licensing Banking Activities of Newly Established Credit Institutions

State registration is not a sufficient basis for a credit institution to start operating; for this, it needs to obtain a banking license, which is issued in accordance with the procedure established by the Federal Law “On Banks and Banking Activity” and Bank of Russia regulations adopted in accordance with it. The grounds for issuing a license for banking operations are:

• confirmation of timely and legal payment of 100% of the declared authorized capital;
• registration of a report on the results of the first issue of shares of a credit institution in the form of a joint-stock company.

The founders must pay the announced authorized capital within 1 month after receiving the notice of registration and submit documents confirming this payment to the Bank of Russia. Such documents, in accordance with the Instruction of the Central Bank of the Russian Federation No. 109, include: payment orders with a mark of execution; acts of acceptance and transfer of property of the founders, contributed to the authorized capital on the balance sheet of the credit institution; the conclusion of an independent appraiser on the valuation of property in non-monetary form, as well as the conclusion of the state financial control body; copies of documents confirming the credit institution's ownership of non-monetary property contributed by the founders as a contribution to the charter capital; a complete list of the founders of the credit institution. If a credit institution is established in the form of a joint-stock company, a report on the results of the first issue of shares shall be submitted.

After reviewing these documents, the Bank of Russia issues a banking license to the credit institution within three days. For considering the issue of issuing a license, a license fee is charged in the amount determined by the Bank of Russia, but not more than 1% of the declared authorized capital of the credit institution. This fee goes to the federal budget.

The following types of banking licenses may be issued to a newly established bank:

• a license to carry out banking operations with funds in rubles (without the right to attract funds from individuals to deposits);
• banking license with funds in rubles and foreign currency(without the right to attract funds to deposits). In the presence of the specified license, the bank has the right to establish correspondent relations with an unlimited number of foreign banks;
• license to attract deposits and placement of precious metals. The specified license may be issued to the bank simultaneously with the license for banking operations with funds in rubles and foreign currency (without the right to attract funds to deposits).

The following types of licenses for banking operations may be issued to a newly created non-banking credit institution, depending on its purpose:

• license for banking operations with funds in rubles or with funds in rubles and foreign currency for settlement non-bank credit organizations;
• a license to carry out banking operations with funds in rubles or with funds in rubles and foreign currency for non-bank credit institutions engaged in deposit and credit operations.

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.

There are certain features of state registration and licensing of a credit institution with foreign investment and branches of foreign banks. Procedure for State Registration and Licensing of Credit Institutions with Foreign Investments and Branches foreign bank are regulated by the Federal Law “On Banks and Banking Activities”, Regulation of the Central Bank of the Russian Federation No. 437 “On the Specifics of Registration of Credit Institutions with Foreign Investments and on the Procedure for Obtaining Prior Permission from the Bank of Russia to Increase the Authorized Capital of a Registered Credit Institution at the expense of Non-Residents”, as well as the Instruction of the Central Bank of the Russian Federation dated January 14, 2004 No. 109-I "On the procedure for the Bank of Russia to take a decision on the state registration of credit institutions and the issuance of licenses for banking operations." In accordance with these documents, the main feature of the state registration of credit institutions with foreign participation and obtaining a license by them is to obtain a preliminary permit from the Bank of Russia for the creation of credit institutions with foreign investments. Prior permission is understood as the principal consent of the Bank of Russia to the participation of a specific non-resident in the creation of a resident credit institution. When considering the issue of issuing a permit, the Bank of Russia takes into account:

• the level of use of the quota for the participation of foreign capital in the banking system of Russia;

• financial position and business reputation of non-resident founders;

• order of submission of applications.

The Bank of Russia also takes into account the amount of foreign investment in the banking system of the Russian Federation from the states where the founders are located, as well as the nature of bilateral relations between the Russian Federation and the state where each of the founders is located. In addition, the Bank of Russia takes special control measures in relation to foreign investments in the banking system of the Russian Federation from non-resident founders with a place of registration in one of the states with a preferential tax regime and the absence of tariff methods of customs regulation or in relation to investments from a resident in which the share of such non-resident exceeds 50%.

In order to obtain a permit, the founders submit to the Central Office of the Bank of Russia (Department for Licensing Banking and Auditing Activities) an application (petition) for issuing a permit to establish a credit institution with foreign investment. The application must contain an indication of non-residents - the alleged founders of the credit institution (full official name - for legal entities; last name, first name, patronymic - for individuals), their location, legal status (citizenship (nationality) - for individuals), the exact amount of the alleged participation of each non-resident in the authorized capital of the credit institution (in numerical and percentage terms). When a non-resident acquires more than 10% of the authorized capital of a resident credit institution being created, the application must contain information about the founders of such a non-resident legal entity, indicating their location and a brief description of their activities. The application shall be signed by a person authorized to do so by the meeting of the founders of the credit institution with foreign investment. Attached to the application:

• founding documents;
• decision of the authorized body of a legal entity on its participation in the authorized capital of a credit institution in the territory of the Russian Federation;
• a copy of the document (or an extract from it) confirming the registration of the legal entity;
• balance sheets for the previous 3 years of activity, confirmed by an audit report;
• a written consent of the relevant control body of the country of its location to participate in the authorized capital of a credit institution in the territory of the Russian Federation or a conclusion of this body that there is no need to obtain such consent, and a confirmation of a first-class foreign bank in accordance with international banking practice is attached to a foreign individual ( short-term obligations which they have according to the classification IBCA, Mood" s or StandardandPoor rating below AA,prime- 1) solvency of this person (ability to pay his share in the authorized capital).

The Bank of Russia may request additional information necessary for making a decision.

After the Bank of Russia considers this application and the documents attached to it, it sends it to the founders information mail Bank of Russia or protocol of intent, signed by the founders of the specified credit institution and the Bank of Russia, if non-residents are expected to participate in the charter captain of a subsidiary credit institution of a foreign bank (resident). At the same time, the possibility of exchanging information in the field of banking supervision between the authorized state body of the country that is the location of the main founder and the Bank of Russia is taken into account. The permit (Protocol of Intentions) is valid for 1 year from the date of its receipt (signing).

After obtaining permission from the Bank of Russia for the state registration of a credit institution with foreign investments and a branch of a foreign bank and obtaining a license for banking operations, the founders, in addition to the documents submitted by Russian credit institutions, additionally submit duly executed documents:

• a decision on the participation of a foreign bank in the establishment of a credit institution in the territory of the Russian Federation or on the opening of a branch of a bank;
• a document confirming the registration of a legal entity, and balance sheets for the previous 3 years, confirmed by an audit report;
• a written consent of the relevant control body of the country of its location to participate in the creation of a credit institution on 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;
• confirmation by a first-class (according to international practice) foreign bank of the solvency of a foreign individual.

The said documents shall be accompanied by a copy of the permission of the Bank of Russia to establish a credit organization with foreign investments.

The Bank of Russia reviews these documents in accordance with the established procedure and makes a decision on state registration and issuance of a license to conduct banking operations. If the Bank of Russia rejects an application for issuing a permit to establish a credit institution with foreign investment, a reasoned refusal is sent to the founders. 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 establish, in the manner determined 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 mandatory ratios, reporting procedures, approval of the composition of management and the list of banking operations carried out , as well as regarding the minimum amount of the authorized capital of newly registered credit institutions with foreign investments and the minimum amount of capital of newly registered branches of foreign banks.

The number of credit institutions with the participation of foreign capital over the past 9 years has increased from 136 to 202, although in some periods their decline was observed (Table 4.1), which is largely due to the tightening of requirements for these organizations. On the whole, credit institutions with foreign participation accounted for about 12% of all credit institutions in 2010. At the same time, 80 credit institutions with 100% participation of foreign capital.

Table 4.1. Number of credit institutions with foreign participation

Credit organizations with foreign participation

Banking activity without registration or without a license in Russia is prohibited. In accordance with the Federal Law “On Banks and Banking Activities” (Article 13), the implementation by a legal entity of banking operations without a license 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 present in court of Arbitration a claim for the liquidation of a legal entity carrying out banking operations without a license.

Citizens who illegally carry out banking operations bear civil, administrative or criminal liability in accordance with the procedure established by law. For example, in accordance with the Criminal Code of the Russian Federation (Article 172), banking activities without registration or a license or in violation of license requirements and conditions that caused large damage to citizens, organizations or the state, or associated with the extraction of income on a large scale, are punished:

• a fine in the amount of 100 thousand to 300 thousand rubles. or in size wages or other income of the convict for a period of 1 to 2 years;
• imprisonment for up to 4 years with a fine of up to 80 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to 6 months or without it;
• imprisonment for a term of 3 to 7 years with a fine of up to 1 million rubles. or in the amount of wages or other income of the convicted person for a period of up to 5 years or without it, if such a violation was committed by an organized group or is associated with the extraction of income on an especially large scale.

Legal basis for the creation and licensing of banks

The legal basis for the creation and licensing of banks and credit organizations are federal laws:

• "On State Registration of Legal Entities and Individual Entrepreneurs",
• "On the Central Bank of the Russian Federation (Bank of Russia)",
• "On banks and banking activity",
• "On joint-stock companies",
• "On Limited Liability Companies"
• "On insurance of deposits of individuals in banks of the Russian Federation",
• Bank of Russia Instruction No. 109-I dated January 14, 2004 “On the procedure for the Bank of Russia to take a decision on the state registration of credit institutions and the issuance of licenses for banking operations”,
• Bank of Russia Instruction No. 76-I dated August 24, 1998 “On the Peculiarities of Regulating the Activities of Banks Establishing and Having Branches in the Territory of a Foreign State”,
• Bank of Russia Instruction No. 128-I dated March 10, 2006 “On the Rules for Issuing and Registering valuable papers credit institutions in the territory of the Russian Federation,
• Regulation of the Bank of Russia No. 437 dated April 23, 1997 “On the Peculiarities of Registration of Credit Institutions with Foreign Investments and the Procedure for Obtaining Prior Permission from the Bank of Russia to Increase the Authorized Capital of a Registered Credit Institution at the expense of Non-Residents”,
• Regulation of the Bank of Russia No. 153-P dated 21.09.2001 “On the Peculiarities of Prudential Regulation of the Activities of Non-bank Credit Institutions Engaged in Deposit and Credit Operations”,
• Bank of Russia Regulation No. 230-P dated 04.06.2003 “On Reorganization of Credit Institutions in the Form of Mergers and Acquisitions”,
• Bank of Russia Regulation No. 218-P dated March 18, 2003 “On the Procedure and Criteria for Assessing the Financial Position of Legal Entities — Founders (Members) of Credit Institutions”,
• Bank of Russia Regulation No. 268-P dated April 19, 2005 “On the Procedure and Criteria for Assessing the Financial Position of Legal Entities — Founders (Members) of Credit Institutions”,
• Bank of Russia Ordinance No. 1186-U dated 14.08.2002 “On payment of the charter captain of credit institutions at the expense of budgets of all levels, state non-budgetary funds, free cash and other property objects administered by state authorities and local governments”,
• Instruction of the Bank of Russia No. 513-U dated March 19, 1999 “On the procedure for paying the authorized capital of credit institutions in foreign currency and recording the relevant transactions in accounting accounts”,
• Bank of Russia Instruction No. 1176-U dated July 5, 2002 “On Business Plans of Credit Institutions”,
• Bank of Russia Ordinance No. 1292-U dated June 19, 2003 “On the procedure for a non-bank credit institution to submit documents to the Bank of Russia for the Bank of Russia to make a decision on obtaining bank status by a non-bank credit institution”,
• Bank of Russia Ordinance No. 1379-U dated January 16, 2004 “On assessing the financial stability of a bank in order to recognize it as sufficient for participation in the deposit insurance system” and other regulatory legal acts of the Bank of Russia.

(approved by the Central Bank of the Russian Federation 07.06.2000 N 113-P)

CENTRAL BANK OF THE RUSSIAN FEDERATION

June 7, 2000 N 113-P

POSITION
ON THE PROCEDURE FOR STATE REGISTRATION OF CREDIT ORGANIZATIONS CREATED ON THE INITIATIVE OF THE STATE CORPORATION "AGENCY FOR RESTRUCTURING OF CREDIT ORGANIZATIONS" AND LICENSING OF THEIR ACTIVITIES

Chapter 1. GENERAL PROVISIONS

1.1. In order to carry out procedures for the restructuring of a credit institution managed by the state corporation "Agency for the Restructuring of Credit Institutions" (hereinafter referred to as the Agency), including the restructuring of its assets (liabilities), the Agency, in accordance with Article 20 of the Federal Law "On the Restructuring of Credit Institutions" organizations" shall have the right, in accordance with the credit institution's restructuring plan, to create a new credit institution.

When registering and licensing the banking activities of credit institutions established on the initiative of the Agency, Bank of Russia Instruction No. 75-I dated July 23, 1998 "On the procedure for applying federal laws governing the procedure for registering credit institutions and licensing banking activities" ("Bulletin of the Bank of Russia" No. 55 dated August 12, 1998), subject to the amendments and additions made (hereinafter referred to as Instruction No. 75-I), is applied in cases not provided for by these Regulations.

1.2. A new credit institution created on the initiative of the Agency must have an authorized capital not lower than the minimum amount of the authorized capital provided for by federal laws and Bank of Russia regulations for non-bank credit institutions in the field of settlements (settlement non-bank credit institutions) as of the date of submission of documents for registration to the Bank of Russia credit organization. The formation of the authorized capital of a credit institution is carried out in accordance with the requirements of Chapter 4 of Instruction N 75-I and the regulations of the Bank of Russia governing the procedure for paying for shares (shares) of a credit institution to the extent that does not contradict the Federal Law "On the Restructuring of Credit Institutions" and this Regulation.

1.3. The Agency must be the sole founder (participant) of a new credit organization created on its initiative.

Chapter 2. DOCUMENTS REQUIRED FOR STATE REGISTRATION OF A CREDIT ORGANIZATION

2.1. For the state registration of a credit institution and the issuance of a license for banking operations, the Agency must submit the following documents in accordance with paragraph 3.4 of these Regulations:

2.1.1. an application for the state registration of a credit institution and the issuance of a banking license that meets the requirements of subparagraph 3.1.1 of Instruction No. 75-I. At the same time, the application must contain information on the amount of the authorized capital and the sources of its formation (own, borrowed funds), as well as information on the existence of an approved restructuring plan for an existing credit institution, in accordance with which a new credit institution is created at the initiative of the Agency;

2.1.2. the charter of the credit institution that meets the requirements of subparagraph 3.1.3 of Instruction No. 75-I;

2.1.3. the decision of the authorized body of the Agency on the establishment of a credit institution containing the information provided for in subparagraph 3.1.4 of Instruction No. 75-I;

2.1.4. documents confirming the payment of the state duty (fee) for registration of a credit institution (copy of the payment order);

2.1.5. the balance sheet of the Agency as of the last reporting date with a mark of the authority of the Ministry of the Russian Federation for taxes and fees;

2.1.6. questionnaires of candidates for the positions of heads of executive bodies and chief accountant of a credit institution that meet the requirements of subparagraph 3.1.8 of Instruction No. 75-I;

2.1.7. documents confirming the presence of a building (premises) equipped with equipment necessary for banking operations, in which the credit institution will be located;

2.1.8. documents submitted to the Bank of Russia in accordance with clause 2.1 of the Regulations must comply with the requirements of clauses 29.1, 29.2 of Instruction No. 75-I.

Chapter 3. PROCEDURE FOR STATE REGISTRATION OF A CREDIT ORGANIZATION

3.1. Prior to submitting the documents specified in Chapter 2 of this Regulation, the intended full official and abbreviated names of a credit institution must be preliminarily agreed with the Bank of Russia.

3.2. The Agency sends a request to the Bank of Russia for preliminary approval of the proposed full official and abbreviated names of the credit institution.

3.3. The Bank of Russia, within three working days after receiving the request, sends a telegram to the Agency confirming the preliminary approval of the proposed names of the credit institution.

Preliminary approval of the proposed names of the credit organization is valid for twelve months from the date of sending the said telegram.

3.4. For state registration of a credit institution and obtaining a license for banking operations, the Agency sends to the territorial office of the Bank of Russia at the location of the credit institution, together with a request addressed to its head, the documents listed in Chapter 2 of these Regulations, including those specified in subparagraphs 2.1.1 , 2.1.3 - 2.1.5 and 2.1.7 (in duplicate) and in subparagraphs 2.1.2 and 2.1.6 (in triplicate).

3.5. The term for consideration of documents for registration of a credit institution established at the initiative of the Agency with the Bank of Russia shall not exceed 30 calendar days from the date of receipt of the Agency's application for the establishment of a new credit institution at the territorial office of the Bank of Russia at the proposed location of the credit institution.

3.6. If there are comments on the submitted documents, as well as in the absence of a complete set of documents listed in Chapter 2 of this Regulation, the Bank of Russia (a territorial branch of the Bank of Russia) sends a notification to the Agency with a list of identified deficiencies for their elimination. The thirty-day period for consideration of documents, specified in paragraph 3.5 of these Regulations, is suspended from the moment the said notification is sent and resumes from the date of receipt of the last requested document.

3.7. The territorial branch of the Bank of Russia reviews the received documents within 10 calendar days and, in the absence of comments, sends a positive opinion to the Bank of Russia (Department for Licensing the Activities of Credit Institutions and Audit Firms) containing:

Information about the deadlines for receipt of documents for consideration;

Information on the compliance of the building (premises) with the requirements for the technical equipment of the bank premises and the fortification of the cash point;

Information on the approval of candidates for the positions of heads of executive bodies of the credit institution and its chief accountant.

One copy of the documents provided for in Clause 2.1 of these Regulations is attached to the conclusion, while the charter of the credit institution is attached in three copies. The submitted questionnaires of candidates for the positions of heads of the executive bodies of a credit institution and the chief accountant must be agreed with the territorial office of the Bank of Russia.

3.8. The Department for Licensing the Activities of Credit Institutions and Audit Firms considers the documents submitted together with the opinion of the territorial institution and makes a decision on the possibility of state registration of a credit institution in the manner established by clause 9 of the Bank of Russia Regulation No. 454 dated 05.26. documents submitted for registration, reorganization of a credit institution and / or obtaining licenses for banking operations, as well as transactions with precious metals" ("Bulletin of the Bank of Russia" N 39 of 06/18/97) with subsequent changes, upon receipt of a positive opinion of the Organization Department banking sanitation.

3.9. When making a positive decision on the state registration of a credit institution and signing a certificate of state registration of a credit institution, the Bank of Russia and the territorial office of the Bank of Russia at the location of the credit institution shall act in the manner prescribed by paragraphs 6.13 - 6.15 of Instruction No. 75-I.

3.10. A credit institution must have a round seal that meets the requirements of clause 6.16 of Instruction No. 75-I.

3.11. After the actual appointment of agreed candidates for the positions of heads of executive bodies and chief accountant of a credit institution, the territorial branch of the Bank of Russia and the credit institution act in the manner prescribed by clause 6.18 of Instruction No. 75-I.

3.12. A fee of 0.001 percent of the declared charter capital of the credit institution is charged for the registration of credit institutions established on the initiative of the Agency.

Chapter 4. CONFIRMATION OF PAYMENT OF THE AUTHORIZED CAPITAL

4.1. The agency must pay 100 percent of the charter capital of the credit institution specified in the charter within one month after receiving a notice of the state registration of the credit institution.

4.2. Simultaneously with the actual payment of the charter capital, the credit institution submits to the Bank of Russia documents that make it possible to verify the legitimacy of such payment: the balance sheet of the Agency as of the last reporting date with a mark of the authority of the Ministry of the Russian Federation for taxes and fees; payment orders with a mark of execution; acts of acceptance - transfer of a building (premises) to the balance sheet of a credit institution; a notarized copy of the certificate of ownership of the credit institution to the building (premises) transferred by the Agency as payment for a share (shares) in the charter capital of the credit institution; other documents stipulated by the regulations of the Bank of Russia governing the payment of shares (shares) of credit institutions.

Chapter 5

5.1. Confirmation of the timely and legal payment of 100 percent of the authorized capital is the basis for issuing a banking license to a credit institution.

5.2. In order to obtain a license to carry out banking operations, a credit institution must meet the requirements established in clause 1.2 of this Regulation.

5.3. The Bank of Russia, taking into account the Agency’s request, establishes the list and volume of banking operations (in rubles and (or) foreign currency) contained in the banking license issued to a credit institution established on the Agency’s initiative, based on the nature of its assets and liabilities in accordance with a restructuring plan for a credit institution managed by the Agency.

5.4. The Bank of Russia, within three working days from the date of full payment by the Agency of the authorized capital, makes a decision on issuing a license and sends 2 copies of the banking license to the territorial institution.

5.5. Territorial branch of the Bank of Russia:

Maintains a register of issued licenses;

Issues 1 copy of the license to the chairman of the board of directors of the credit institution or another authorized person who confirms receipt of the specified document in writing.

Chapter 6. FINAL PROVISIONS

6.1. The expansion of activities by obtaining additional licenses and the opening (closing) of separate and internal structural divisions by credit institutions established at the initiative of the Agency is carried out in the manner prescribed by Instruction No. 75-I and other regulatory acts of the Bank of Russia.

Chapter 7. ENTRY INTO FORCE

7.1. This Regulation shall enter into force on the date of its publication in the Bulletin of the Bank of Russia.

Chairman
Bank of Russia
V.V. GERASHCHENKO

For state registration of a credit institution and obtaining a license to conduct banking operations, the Central Bank of the Russian Federation requires the founders of the bank to submit certain documents to the territorial office of the BR at the place of its intended location, along with a cover letter.

1. Application for state registration credit institution, drawn up in accordance with the form approved by the Decree of the Government of the Russian Federation. It also contains information about the location of the permanent executive body of the credit institution. The application shall be accompanied by an application for the state registration of a credit institution and the issuance of a license for banking operations.

2. Memorandum of Association, which contains:

• the obligation of the founders to create a credit organization;
• the procedure for joint activities to create it;
• the composition of the founders of the credit institution;
• conditions for the transfer by the founders of their property to the credit institution and their participation in its activities;
• conditions and procedure for the distribution of profits between the founders;
• the procedure for the withdrawal of founders from its composition;
• the size of the authorized capital. The Federal Law "On Banks and Banking Activities" states that the authorized capital of a credit institution is made up of the amount of deposits 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 newly registered credit institutions is established by the Bank of Russia depending on the type of credit institutions;
• the size of the share of each founder in the authorized capital;
• size and composition of deposits;
• the procedure and terms for making contributions to the charter capital of a credit institution upon its establishment;
• information on the composition and competence of the governing bodies and the procedure for their decision-making.

Memorandum of Association must be signed everyone founders.

3. Charter approved by the meeting of founders of the credit organization. It must contain:

• corporate and abbreviated name of the credit institution in Russian;
• information on the location of the management bodies of the credit institution and its separate subdivisions;
• the list of banking operations and transactions carried out by the credit institution, determined in accordance with Art. 5 FZ "On banks and banking activities";
• information on the amount of the authorized capital, on the procedure for its formation, as well as on the size of the reserve fund and annual deductions for its formation;
• information on the system of management bodies of the credit institution, including its executive bodies, and internal control bodies of the credit institution, on the procedure for their formation and their powers;
• provisions relating to ensuring the accounting and preservation of documents, as well as their timely transfer to state storage in accordance with the established procedure during the reorganization and liquidation of a credit institution;
• provisions defining the procedure for reorganization and liquidation of a credit institution.

4. Business plan of a credit organization drawn up in accordance with the requirements established by the regulatory documents of the Bank of Russia and approved by the general meeting of founders.
5. Minutes of the general meeting of founders, containing solutions:

• on the establishment of a credit institution;
• on the approval of its name;
• on approval of the charter of the credit organization;
• on approval of candidates for appointment to the positions of the sole executive body, his deputies, members of the collegial executive body of the credit institution, chief accountant, deputy chief accountants of the credit institution;
• on approval of the business plan;
• on the election of members of the board of directors;
• on approval of the monetary value of the founders' contributions to the charter capital of a credit institution in the form of non-monetary property;
• on the appointment of a person authorized to sign documents submitted to the Bank of Russia for state registration.

6. Documents confirming the payment of the state duty (fee) for registration of a credit institution (in in the amount of 2,000 rubles) and a license fee for considering the issue of issuing a license for banking operations (in the amount of 0.1% of the authorized capital).

7. Copies of documents confirming the state registration of the founders, or containing such extracts from the relevant Unified State Register, copies of constituent documents, audit reports on the reliability of the financial statements of the founders with the application of balance sheets, profit and loss statements for the last 3 years of activity, confirmation by the tax authorities of the fulfillment of the obligations of the founders to the budgets, copies of publications, in which published the financial statements of the founders.

8. Questionnaires of candidates for the positions of managers, chief accountant and deputy chief accountants credit organization. They are filled in by these persons personally and contain information about their higher legal or economic education; experience in managing a department or other subdivision of a credit institution; information about a criminal record. Documents must also be submitted confirming the education of applicants and the right of these candidates to carry out labor activities in the territory of the Russian Federation. In addition, it is necessary to submit a notice in writing containing a list of members of the board of directors of the credit institution and information on the absence of grounds preventing the election of these persons to the board of directors of the credit institution.

9. Copies of documents confirming the ownership (lease) right of the founder or other person to the completed building (premises) in which the credit institution will be located, the obligation to lease it after the state registration of the credit institution and the consent of the lessor to this, if if the building is not made as a contribution to the charter capital of the credit institution.