Eliminate Credit Dept Part 7
Friday, February 5, 2010 7:05I. Basics
Withdrawal of license to conduct banking transactions from banks and other credit
organizations working on the rights of legal entity (hereinafter – the “Bank”),
by the Central Bank of Russia in accordance with
Federal Law “On Banks and Anke activities, Federal Law
“On the Central Bank of Russia (Bank of Russia), hereby
Regulations and guidelines of the Bank of Russia.
Decision of the Central Bank of Russia to revoke the license of
banking operations out by the order of the Central Bank
Russia (hereinafter – Order) pursuant to relevant
request of the Chief of Territorial Administration (National Bank)
Central Bank of Russia or Central Operations
Management (Tsou), the Central Bank of Russia. Reason for
Publication order may also be the decision of the Board of Directors of the Central
Bank of Russia, as well as the proposals of structural
units of the Bank of Russia. (in the red. CBRF letter dated 26.07.96 ? 309). Publication
Order to revoke the license to conduct banking operations means
prohibition of the organization to perform any banking transactions, but not
is a solution for its elimination as a legal entity.
Withdrawal of license to conduct banking operations is the exclusive
measure impact, which is usually preceded by other measures the impact
preventive nature provided for in Article 75 of Federal Law
On Tsentralbnom banquet Russia (Bank of Russia).
License to conduct banking transactions can be revoked in the following
cases:
establishing the unreliability of information on which the given
license;
delaying the start of banking operations stipulated
license more than a year from the date of its issuance;
establishment of the unreliability of the accounting data;
implementation, including single, banking operations, not
under license of the Bank of Russia;
failure to perform the requirements of federal laws regulating banking
activities, as well as regulations of the Bank of Russia, if within one year to
credit organizations have been repeatedly used measures of influence,
under the Federal Law “On Central Bank Rosiyskoy Federation
(Bank of Russia);
poor financial situation of the credit institution,
default of its obligations to depositors and creditors,
which is the basis for the application for commencement of the arbitral tribunal
production of insolvency (bankruptcy) of credit organizations.
In addition, the grounds for revocation of the license may be the decision of founders
(participants) on the restructuring (in the case of termination of the legal
entity) or liquidation of the bank;
The Administrative Department of the Central Bank of Russia in
two-day period of the summons to all the territorial offices of the Chief
(National Bank) Central Bank of Russia, in Tsou
Central Bank of Russia, the State Tax Service
Russia, as well as the State Customs Committee
Russia (when withdrawal from the bank license to conduct banking
transactions in foreign currency).
Main Territorial Management (National banks), Tsou Central
Bank of Russia in two days to formally bring
content of Order to all banks and other credit organizations,
located on the territory under their jurisdiction. On the day of receipt of Order
The main territorial government (national banks) the Central Bank
RF, Tsou at the Central Bank of Russia to formally send it to the bank,
who has revoked the license for banking operations. After
obtaining orders of the Central Bank of Russia to withdraw from the bank
license to conduct banking operations territorial Main
Administration (National Bank) Central Bank of Russia, the Central Tsou
Bank of Russia revoke the bank the original copy of the license. Bank of Russia in
week’s time publish the revocation of the bank license
banking operations in the official organ of the Central Bank
Russia “Bulletin of the Bank of Russia. Press Service of the Central Bank
Russia within a week gives a message in the press about the withdrawal from
Bank license to conduct banking operations, and territorial
General Directorate (National Bank) Central Bank of Russia, Tsou for
Central Bank of Russia on the location of the bank and its branches – in the local
media.
II. The order of license revocation and termination of the Bank
Upon receipt of orders of the Central Bank of Russia to revoke a bank license
banking territorial Top Management
(National Bank) Central Bank of Russia, Tsou at the Central Bank of Russia,
Banks and other lending institutions cease all incoming and outgoing
operations on and off balance sheet accounts of the bank (as in the currency of Russia
Federation and in foreign currency), including interest on
loans (except transactions described in paragraphs 5, 6 of these Regulations).
All transactions on the accounts of bank customers stop. In that case, if the bank
had a license to conduct banking transactions in foreign currency
simultaneously cease operations on purchase and sale of foreign currency.
Available in operating cash bank cash the full amount
be encashed in the RCC (Tsou), the Central Bank of Russia for further
enrollment in its correspondent account of the bank. Available on hand
cash in foreign currency shall be collected by the Bank in
full amount to the account, previously open to them in one of the authorized banks
residents. In the case of revocation of a license to conduct banking operations in
Bank, in the structure of which has branches, territorial Top
government (national banks) the Central Bank of Russia, the Central Tsou
Bank of Russia, on the territory of which are branches of these banks, and
credit institutions cease all credit and debit transactions on their
accounts in rubles and foreign currencies, including accrued interest on loans.
Credit (debit) balances on correspondent subaccounts branches
in RCC (Tsou), the Central Bank of Russia transferred (transmitted) to
correspondent bank account opened in RCC (Tsou), the Central Bank of Russia.
If there is balance in the operating cash in the branch they are pre
full amount transferred to its subsidiary correspondent subaccount in RCC
(Tsou), the Central Bank of Russia. All transactions on customer accounts affiliates
terminated. Correspondent sub branches in RCC (Tsou) Central
Bank of Russia are closed. Available on hand, cash in the branch
foreign currency must be encashed at the branch account established
authorized resident bank.
Main Territorial Management (National banks) the Central Bank
RF, Tsou at the Central Bank of Russia, on the territory of which are branches of
these banks, direct proof of debt for all
obligations of branches to the Bank of Russia, the Territorial Chief
Management (National Bank) Central Bank of Russia, the Central Tsou
Bank of Russia on the location of the parent bank. In accordance with Articles 61 –
64 of the Civil Code of Russia liquidation of the bank shall
its founders (participants). Voluntary liquidation of the bank made on
Based on the decision of general meeting of founders (participants) with a view
compliance with the requirements of articles 92 and 104 of the Civil Code
Federation. At the time of the decision on voluntary liquidation of the bank should
be repaid all of its obligations to creditors. Decision on the voluntary
elimination can not be accepted if the bank is actually
insolvent. If the bank, which has revoked license for
banking operations, not in a position to fully satisfy the requirements
creditors, its elimination is performed only in the manner prescribed by Art.
65 of the Civil Code.
With the elimination of extrajudicial procedures for the bank founders (participants) designate
liquidation commission, after agreeing with its composition
The main territorial administration (National Bank) Central Bank
RF and Tsou of the Central Bank of Russia, as well as establish the procedures and deadlines
liquidation of the bank. If the judicial procedure of the insolvent bank liquidation
(bankrupt), the liquidation commission forms bankruptcy trustee,
appointed by the arbitral tribunal. The composition of the liquidation committee also
consistent with the General Directorate of Territorial (National Bank)
Central Bank of Russia or Tsou at the Central Bank of Russia. The structure
liquidation committee should be composed of the founders (participants) of the bank.
It might also include bank creditors, officials
executive body of the bank and others. Employees of the Central Bank
Russia can not be members of the liquidation commission of the bank.
General Directorate (National Bank) Central Bank of Russia or for Tsou
Central Bank of Russia after the revocation of the license from the credit institution has the right
apply to the arbitration court to its elimination. (azats in red. letters CB
RF from 26.07.96 ? 309)
III. Basic procedures and calculations
After creating a procedure established by law liquidation
commission of the bank, which has revoked a license to conduct banking
operations, it opens a personal account on the balance sheet account 161
“Correspondent accounts in rubles Russian commercial banks and other
credit institutions in the institutions of the Central Bank of Russia.
The reason for opening an account of the liquidation commission in the currency of Russia
Federation are the following documents:
- Decision of the founders (participants) the appointment of a liquidation
Commission agreed with the territorial chief of government (national
Bank) Central Bank of Russia, Tsou of the Central Bank of Russia;
- Application for opening the account signed by the Chairman
liquidation committee;
- A notarized signature card with the chairman
(first sign) and a member of the liquidation committee and impression
press.
The personal account of the liquidation committee, open to the RCC (Tsou) Central
Bank of Russia, are listed:
- Balances with the bank’s correspondent account opened at RCC
(Tsou), the Central Bank of Russia;
- Credit balances of the accounts of the Bank
(its subsidiaries) of banks and other credit institutions (on request
liquidation committee).
Correspondent account with the bank, opened in RCC (Tsou), the Central Bank of Russia, and
and correspondent accounts with the Bank (its subsidiaries) of banks and other credit
organizations are closed after the transfer of fund balance at the expense
liquidation commission.
The same day, General Directorate of Territorial (National Bank)
The Central Bank of Russia, Tsou at the Central Bank of Russia sent to the Department
Information of the Central Bank of Russia information about the closure of the correspondent
Bank accounts in RCCs (Tsou), the Central Bank of Russia and the simultaneous opening of account
liquidation committee to make appropriate changes to the Handbook
“RCC and they serve the establishment of banks in Russia
Federation. “In the event of a bank debit balances on correspondent
account of RCC (Tsou), the Central Bank of Russia balance in this account is not
transferred to the account of the liquidation commission.
