Читать диплом по мировой экономике, международным экономическим отношениям: "Foreign banks in the Russian financial market" Страница 4


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Constitution of the Russian Federation on matters under the jurisdiction of the Russian Federation federal constitutional laws and federal laws.accordance with Part. 1, Art. 8 of the Constitution of the Russian Federation in the Russian Federation the integrity of economic space, free movement of goods, services and financial resources, support for competition and freedom of economic activity.norms derive their development, detailing the provisions of the relevant federal laws. With regard to the banking law occupy the central place of the Federal Law December 2, 1990 N 395-1 "On Banks and Banking Activity" (hereinafter - the Law on Banks and Banking) and the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)."accordance with Art. 2 of the Law on Banks and Banking elements of the Russian banking system are credit institutions, as well as branches and representative offices of foreign banks. In the dictionary of the Russian language, the term "system" is defined, in particular, as "something whole, represents the unity of natural and are located in the concatenation of parts." Given this interconnection underdevelopment of its individual elements prevents the achievement of a harmonious state of the whole system.you know, over the past years, Russian officials have made repeated statements about the inadmissibility of the opening of branches of foreign banks in Russia, which is confirmed by the practice of the Bank of Russia., the legislation contains the necessary set of rules for the creation and operation of branches of foreign banks in the Russian Federation.on the content of art. 55 of the Civil Code of the Russian Federation (hereinafter - the Civil Code), a branch of a foreign bank is a separate division of a foreign credit institution located outside of its location and performing all its functions, or part thereof, including the function of representation.this definition it follows that the branch is not a legal entity and has no independent standing in contrast to creating its foreign credit institution. However, as a general rule branch of a foreign credit institution shall have a wide range of powers to carry out banking operations and transactions within the system of national banking legislation, where it is created.to Article 17 of the Federal Law "On Banks and Banking" from 2.12.1990 №395-1 (Ed. Of 30.12.2008) for the state registration of credit organizations with foreign investments and foreign bank branch and ability to receive a license to conduct banking operations in addition to the documents referred to in Article 14 of this Federal Law, additionally submit duly executed documents listed below.entity is:

) a decision on his participation in the creation of a credit institution in the territory of the Russian Federation or to open a branch of the bank;

) a document confirming the registration of legal persons and balance sheets for the three previous years, confirmed by the auditor's report;

) the written consent of the supervisory authority of the country of his whereabouts 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 under the law of the country of his residence.person is a first-class confirmation (according to international practice) a foreign bank solvency of that person.14 of the Federal Law "On Banks and Banking» 2.12.1990 №395-1 (Ed. Of 30.12.2008) states that for the state registration of the credit institution and obtain a license to conduct banking operations, the Bank of Russia in the established procedure, the following Documents:with a written confirmation of a state registration of a credit institution and a license to conduct banking operations; The statement shall contain information about the address (location) of the permanent executive body of the credit institution;

The memorandum of association (original or notarized copy) if its signing by federal law;

the statute (original or notarized copy);plan, approved by the meeting of the founders (participants) of the credit organization, minutes of the meeting of the founders (participants), containing a decision on approval of the charter of a credit institution, as well as candidates for appointment to the post of the head of the credit organization and the chief accountant of the credit organization. The procedure for preparing a business plan of the credit institution and its evaluation criteria established by normative acts of the Bank of Russia;confirming payment of state duty for state registration of credit institutions and for the provision of a license to conduct banking operations when creating a credit institution;of documents on state registration of the founders - legal entities, the auditor's report on the reliability of financial reporting and the tax authorities confirm execution founders - legal entities liabilities to the federal budget, budgets of subjects of the Russian Federation and local budgets for the last three years;(according to the list established by regulations of the Bank of Russia), confirming the sources of funds introduced by the founders - physical persons in the authorized capital of the credit institution;of candidates for the post of the head of the credit organization, chief accountant and deputy chief accountant of the credit institution, as well as head and deputy head, chief accountant and deputy chief accountant of the branch of a credit institution. These profiles are filled with these candidates personally and must contain the information specified in the regulatory acts of the Bank of Russia, as well as information:presence of these persons higher legal or economic education (with the submission of a copy of the diploma or an equivalent document) and the experience of managing a department or other division of the credit organization



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