On Introducing Changes And Additions Into The Law Of The Rsfsr "on Banks And Banking Activities In The Rsfsr

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О банках и банковской деятельности в РСФСР"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102039449

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the RSFSR "on banks and banking activities in the RSFSR passed by the State Duma July 7, 1995 year approved by the Federation Council of the year July 21, 1995 (text as amended by the federal laws of 08.07.99 N 137-FZ;
from 28.07.2004 N 84-F3; from 29.12.2006 N 246-FZ) t s t b I 1. To amend the Act of the RSFSR "on banks and banking activities in the RSFSR" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 9, p. 391; N 34, art. 1966) changes and additions read as follows: "FEDERAL LAW on banks and banking activity chapter i. General provisions article 1. The basic concepts of this federal law, the credit institution is a legal person who for profit as a primary objective 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 transactions stipulated by this federal law. Credit organization is formed on the basis of any form of ownership as a commercial company.
Bank-credit organization, which has the exclusive right to perform the following banking transactions: attracting funds into deposits of individuals and legal entities, placing those funds on its behalf and for its account on condition of repayability, interest payment, urgency, opening and maintaining bank accounts for natural and legal persons.
Non-bank credit organization-credit institution with the right to perform certain banking transactions stipulated by this federal law. Valid combinations of banking operations to non-bank credit institutions shall be established by the Bank of Russia.
Foreign Bank-Bank, recognized as such by the legislation of the foreign State in the territory of which it is registered.
Article 2. The banking system of the Russian Federation and legal regulation of banking activity Banking system of the Russian Federation includes Russian Bank, credit organizations, as well as branches and representative offices of foreign banks.
Legal regulation of banking activity, 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, normative acts of the Bank of Russia.
Article 3. Unions and associations of credit institutions, credit institutions may create alliances and associations do not pursue profit, to protect and represent the interests of its members, coordination of their activities, the development of interregional and international connections meet scientific, informational and professional interests, formulate recommendations on the implementation of banking activities and address other joint tasks of credit institutions. Unions and associations of credit institutions are prohibited from carrying out banking operations.
Unions and associations of credit institutions are established and recorded in the manner prescribed by the legislation of the Russian Federation for non-profit organizations.
Unions and associations of credit institutions shall notify the Bank of Russia on its establishment, within one month after registration.
Article 4. The Group of credit institutions and holdings Group of credit institutions are formed to solve joint problems (joint execution of banking operations) through the conclusion of an agreement between two or more credit institutions.
Holdings are formed by obtaining credit organization (main credit institution) due to overwhelming participation in the share capital of one or more credit institutions or in accordance with a contract concluded with one or more credit institutions to determine contract decisions specified credit organizations.
Article 5. Banking and other transactions of a credit organization to banking operations include: 1) attraction of funds of individuals and legal persons deposits (as demand deposits or for a certain period of time);
2) accommodation referred to in paragraph 1 of this article attracted funds on its behalf and at its expense;
3) opening and maintaining bank accounts for natural and legal persons;
4) payments on behalf of physical persons and legal entities, including correspondent banks, on their bank accounts;
5) collecting money, bills, payment and settlement documents and render cash servicing of individuals and legal entities;
6) purchase and sale of foreign currency in cash and cashless forms;
7) bringing in deposits and placing precious metals;
8) issue bank guarantees.
A credit institution other than those referred to in paragraph 1 of this article shall have the right to carry out banking transactions the following transactions: 1) the issuance of guarantees for third parties, providing for the performance of obligations in monetary form;
2) acquisition of claims from third parties of fulfillment of obligations in monetary form;
3) trust management funds and other property under agreement with individuals and legal entities;

4) transactions with precious metals and precious stones in accordance with legislation of the Russian Federation;
5) lease to individuals and legal entities special premises or safes therein for storing documents and valuables;
6) leasing operations;
7) providing advisory and information services.
A credit institution shall have the right to carry out other transactions in accordance with the legislation of the Russian Federation.
All banking transactions and other transactions carried out in rubles, and under an appropriate license of the Bank of Russia and in foreign currency. Rules for the implementation of banking operations, including rules of their logistics, are established by the Bank of Russia in compliance with the federal laws.
Credit institutions are prohibited from engaging in productive, commercial and insurance activities.
Article 6. The activities of the credit institution on the securities market in accordance with the license of the Bank of Russia to carry out banking operations, the Bank shall have the right to pursue the issue, purchase, sale, keeping, storage and other operations with securities, performing the functions of the payment document, confirming the securities funds in deposits and bank accounts with other securities, transactions that do not require a special licence in accordance with federal laws and also have the right to perform trust management of specified securities under contract with natural and legal persons.
A credit institution has the right to carry out professional activities in the securities market in compliance with federal laws.
Article 7. The name of the credit institution, a credit institution has a brand (full official) name in the Russian language, can have a name in another language of the peoples of the Russian Federation, abbreviation and name in a foreign language. A credit institution shall have a seal with its brand name.
The brand name of a credit institution must contain an indication of the nature of the activities of the legal person by the use of the word "Bank" or "non-bank credit organization", as well as an indication of its organizational-legal form.
The Bank of Russia is obliged, when considering an application for registration of a credit organization to prohibit the use of the name of the credit institution, if the alleged name already appears in the book the State registration of credit institutions. Use the name of the credit institution of the words "Russia", "Russian Federation", "State", "Federal" and "Central", words derived from them and the word is permitted as prescribed by legislative acts of the Russian Federation.
No legal entity in the Russian Federation, with the exception of the Bank of Russia received the license for carrying out banking operations cannot use in its name the words "Bank", "credit institution" or otherwise indicate that the legal person has the right to carry out banking operations.
Article 8. Providing information on the activities of the credit institution in carrying out banking operations credit institution is obliged on demand of the natural or legal person to provide a license for carrying out banking operations, information on their financial statements (balance sheet and profit and loss statement) and the auditor's report for the previous year, as well as the monthly ledger balances for the current year.
The introduction of natural and legal persons in fooled by failure of information or provision of false or incomplete information, a credit institution shall be liable in accordance with this federal law and other federal laws.
Article 9. Relationships between the credit institution and the State, a credit institution shall not be liable for obligations of the State. The State is not liable to obligations of the credit institution, except in cases where the State itself has assumed such commitments.
A credit institution shall not be liable for obligations of the Bank of Russia. The Bank of Russia is not liable to obligations of the credit organization, except when the Bank of Russia has assumed such commitments.
Legislative and executive power and bodies of local self-government shall not interfere with the activities of credit organizations, except in cases provided for by federal laws.

Credit organization to specifically entered into the contract on a competitive basis can execute individual orders of the Government of the Russian Federation, bodies of executive power of the constituent entities of the Russian Federation and bodies of local self-government, to conduct transactions with funds the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets and settlements with them, to ensure the proper use of the budgetary funds allocated for the implementation of federal and regional programmes. The Treaty must contain mutual obligations of the parties and provide for their responsibility, conditions and forms of control over the use of budgetary funds.
A credit institution may not be obliged to carry out activities not covered by its founding documents, except in cases where a credit institution has undertaken corresponding obligations, or in cases provided for by federal laws.
Article 10. The Charter of a credit institution, a credit institution has a Charter, adopted in the manner provided for by federal laws.
The Statute of the credit organization must contain: 1) brand (full official) name, as well as all other names established by this federal law;
2) indication of the organizational-legal form;
3) information about the location (address) of controls and separate units;
4) list of ongoing banking operations and transactions in accordance with article 5 of this federal law;
5) information about the size of the authorized capital;
6) information about system administration, including Executive, and internal control bodies, the manner of their formation and their powers;
7) other information stipulated in federal laws to charters of legal entities specified organizational-legal form.
Credit organization must register with the Bank of Russia all changes and additions made to its Charter. Bank of Russia within one month from the date of submission of all documents properly takes a decision on registration of changes and additions in the Charter of the credit institution.
Article 11. The authorized capital of a credit institution authorized capital of a credit institution is composed of values the contributions of its participants and determines the minimum size of the property, guaranteeing the interests of its creditors.
Bank of Russia sets a size limit of non-pecuniary part in authorized capital of credit institutions, as well as the minimum amount of the authorized capital of newly registered credit institutions. The standard of the minimum amount of the authorized capital may be installed, depending on the type of credit institutions.
The decision of the Bank of Russia to change the minimum amount of the authorized capital shall take effect no earlier than 90 days after the day of its official publication. For newly registered credit institutions the Bank of Russia applies the standard minimum amount of the authorized capital, valid on the day of filing documents for registration and obtaining a license.
The Bank of Russia has no right to demand from a previously registered credit institutions change their share capital.
May not be used for the formation of the Charter capital of a credit institution borrowed funds.
Federal budget and State non-budgetary funds, funds and other objects of property, administered by the Federal Government, may not be used for the formation of the Charter capital of the credit institution, except in cases provided for by federal laws.
The budgets of the constituent entities of the Russian Federation, local budgets, funds and other objects of property, administered by bodies of State power of the constituent entities of the Russian Federation and bodies of local self-administration may be used for the formation of the Charter capital of a credit institution on the basis of a legislative act, respectively, the subject of the Russian Federation or the decisions of the local authority in the manner prescribed by this federal law and other federal laws.
As a result of the acquisition of one or several transactions in one legal or natural person or a group of legal entities and (or) physical persons, linked by agreement or by a group of legal entities that are affiliated or dependent relative to each other, more than 5 percent of the shares (the shares) of the credit organization requires notification of the Bank of Russia, more than 20 per cent of the Bank of Russia's prior consent. Bank of Russia no later than 30 days from the date of receipt of the application in writing notify the applicant of its decision-consent or refusal. A waiver must be motivated. In case the Bank of Russia is not informed of the decision within the specified period, sale-purchase transaction of stocks (shares) of a credit organization shall be deemed approved.

The Bank of Russia has the right to refuse to consent to the transaction of purchase and sale of more than 20 percent of stocks (shares) of the credit organization in establishing the unsatisfactory financial situation of the acquirer of shares (shares), violating antitrust rules and in other cases provided for by federal laws.
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.
CHAPTER II. PROCEDURE for REGISTRATION of CREDIT ORGANIZATIONS and licensing of BANKING TRANSACTIONS Article 12. State registration of credit institutions and issuance of licenses for carrying out banking operations credit institutions are subject to state registration in the Bank of Russia. Bank of Russia carries out State registration of credit organizations and maintains the book of State registration of credit institutions.
For registration of credit institutions charged a fee in an amount to be determined by the Bank of Russia, but not more than 1 per cent of announced authorized capital of the credit institution. Specified collection arrives in the federal budget.
License for carrying out banking operations of a credit institution is granted after its State registration in the order established by this federal law.
Credit institutions shall have the right in carrying out banking operations from receipt of license issued by the Bank of Russia.
Article 13. Licensing of banking operations carrying out banking operations shall be carried out only on the basis of a license issued by the Bank of Russia in the manner prescribed by this federal law.
Licenses issued by the Bank of Russia are entered into the register of issued licenses for carrying out banking operations.
Register of issued credit organizations licenses shall be published by the Bank of Russia in the official publication of the Bank of Russia ("Bulletin of the Bank of Russia") at least once a year. Changes and additions to the register shall be published by the Bank of Russia within one month from the date of their entering into the register.
The license for carrying out banking operations specified banking transactions for which the credit institution has the right, as well as the currency of these banking operations can be carried out.
License for carrying out banking operations shall be without time limits.
Implementation of the legal entity of banking operations without a license entails the recovery from such a legal person the full amount received as a result of the implementation of these operations, as well as collecting a fine double this amount in the federal budget. The exaction is realized by judicial procedure on the suit of the Attorney, the appropriate federal body of executive power, authorized by the Federal Act, or of the Bank of Russia.
The Bank of Russia has the right to submit to arbitration a claim on liquidation of a legal entity carrying out banking operations without a license.
Nationals illegally carrying out banking operations shall be borne in accordance with the law in civil, administrative or criminal liability.
Article 14. Documents required for the State registration of the credit institution and obtain a license for carrying out banking operations For State registration of the credit institution and obtain a license for carrying out banking operations shall be submitted to the following documents: 1) the application for State registration of the credit institution and issue of a license for carrying out banking operations;
2) memorandum, if its signature provided by federal law;
3) Charter;
4) of constitutors on adoption of the Charter and on the approval of candidates for appointment to the post of Heads of executive bodies and Chief Accountant;
5) certificate of payment of the State fee;
6) copies of certificates of State registration the founders-legal entities audit opinions on the reliability of their financial reporting as well as confirmation by the State tax service of the Russian Federation fulfil founders-legal entities liabilities to the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past three years;
7) Declaration on the constitutors-individuals certified by bodies of the State tax service of the Russian Federation, confirming sources of origin of funds made to the share capital of the credit institution;
8) profiles the candidates for the heads of executive bodies and Chief Accountant of the credit organization, filled them and information: these individuals have higher legal or economic education (submission of copy of diploma or alternate document) and Division management experience or other subdivision of the credit organization, related to the implementation of banking, not less than one year, and in the absence of special education-management experience in such a unit for at least two years;
on the presence/absence of criminal convictions.
Article 15. The order of State registration of the credit institution and the issuance of a license for carrying out banking operations

When submitting the documents listed in article 14 hereof, the Bank of Russia issues a written confirmation from the credit organization founders of documents needed for the State registration of the credit institution and obtain a license for carrying out banking operations.
A decision on the State registration of the credit institution and issue of a license for carrying out banking operations or denial of this is produced in a period not exceeding six months from the date of submission of all documents provided for in this federal law.
After the adoption of the BOR decision on the State registration of the credit institution and issue of a license for carrying out banking operations, the Bank of Russia in a three-day period notifies the founders of a credit institution with a demand to make, within one month, pay 100 per cent of its authorized capital and issues to the founders of the certificate on the State registration of the credit institution.
The non-payment or incomplete payment of the authorized capital within the prescribed time-limit shall be a ground for cancellation of the decision on the State registration of the credit institution.
For the payment of authorized capital of the Bank of Russia opens a registered Bank and, if necessary, non-bank credit organization correspondent account with the Bank of Russia. Correspondent account details shall be specified in the notification of the Bank of Russia on the State registration of the credit institution and issue of a license for carrying out banking operations.
Upon presentation of the documents confirming payment of 100 per cent of announced authorized capital of the credit institution, the Bank of Russia in a three-day period produces a credit organization license for carrying out banking operations.
A credit institution is required to report to the Bank of Russia about all changes in the personal composition of the heads of the executive bodies and the replacement of the chief accountant within two weeks from the date of adoption of this decision. The message on the appointment of a new manager and (or) the chief accountant shall contain the particulars referred to in subparagraph 8 of article 14 hereof. The Bank of Russia in a month gives its consent to the specified destination or a grounded refusal in writing on any of the grounds set out in article 16 hereof.
Article 16. The grounds and procedure for the denial of State registration of the credit institution and issue of a license for carrying out banking operations a refusal of State registration of the credit institution and issue of a license for carrying out banking operations shall be permitted only on the following grounds: 1) disparity in qualification requirements for proposed candidates for the posts of the heads of the executive organs and (or) the Chief Accountant. Under the disparity in qualification requirements for specified persons, includes: lack of higher legal or economic education and experience of the management of the Division or any other unit of the credit organization, related to the implementation of banking operations, or management experience in such a unit for at least two years;
the existence of a criminal record for crimes against property, commercial and malfeasance;
Commission of the administrative offence within a year in the area of trade and finance, established by the decree entered into force body mandated to consider cases on administrative offences;
presence over the past two years, the facts of the dissolution with specified persons the labour agreement (contract) on the initiative of the Administration on the grounds referred to in paragraph 2 of article 254 of the labour code of the Russian Federation;
2) unsatisfactory financial situation of the credit institution's founders or failure to comply with 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-conformity of documents submitted for State registration of the credit institution and obtain a license, the requirements of federal laws.
Decision on refusal in State registration and issue of a license shall be communicated to the founders of the credit institution in writing and must be motivated.
A refusal of State registration and issue of a license, the failure of the Bank of Russia within the prescribed period the relevant decision can be appealed to the Arbitration Court.
Article 17. State registration of credit organizations with foreign investment and foreign bank branch and the issuance of licenses for carrying out banking operations For State registration of the credit organization with foreign investments and foreign bank branch and obtaining a license for carrying out banking operations in addition to the documents referred to in article 14 hereof, properly submitted additional documents listed below.
Foreign legal person is: 1) decision on its participation in the establishment of a credit institution in the territory of the Russian Federation or to open a branch of the Bank;

2) document confirming registration of the legal entity, and the balance sheets for the previous three years, confirmed by an audit report;
3) the written consent of the relevant supervisory authority of the country of its location to participate in the establishment of a credit institution in the territory of the Russian Federation or on the Bank opened a branch in cases where such authorization is required by the legislation of the country of its location.
A foreign individual is confirmation by first-class (international practice) foreign bank solvency.
Article 18. Additional requirements for the establishment and activities of credit organizations with foreign investments and foreign bank branches the size (quota) participation of foreign capital in the banking system of the Russian Federation shall be established by the Federal law on the proposal of the Government of the Russian Federation agreed with the Bank of Russia. The quota is calculated as the ratio of total capital, owned by non-residents in authorized capitals of credit organizations with foreign investments, branches of foreign banks, and capital to the total authorized capital of credit institutions registered in the territory of the Russian Federation.
Bank of Russia stops issuing licenses for carrying out banking operations for banks with foreign investments, branches of foreign banks when it reaches the quota.
(One hundred and thirty-sixth paragraph of article 1 has lost its force as federal law dated 29.12.2006 N 246-FZ), the Bank of Russia has the right to impose a ban on the increase of the Charter capital of the credit institution at the expense of the funds of non-residents and on alienation of stocks (shares) in favor of non-residents, if the specified action is exceeding the quota of participation of foreign capital in the banking system of the Russian Federation.
(The paragraph 138th article 1 expired-the Federal law dated 29.12.2006 N 246-FZ) Bank of Russia may in consultation with the Government of the Russian Federation set for credit organizations with foreign investments, branches of foreign banks restrictions on banking operations if the relevant foreign States against Russian investment banks and branches of Russian banks subject to restrictions in their establishment and activities.
The Bank of Russia has the right to establish, in the manner prescribed by the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)" additional requirements for credit organizations with foreign investments, branches of foreign banks concerning the obligatory standards order reporting, approval of the Guide and the list of ongoing banking operations, as well as the minimum amount of the authorized capital newly registered credit organizations with foreign investments and minimum capital newly registered branches of foreign banks.
Article 19. Measures of the Bank of Russia, its oversight in case of violation of the credit organization of federal laws and normative acts of the Bank of Russia in the case of a violation of federal laws, regulations and instructions of the Bank of Russia, delivered them to the obligatory standards, failure to submit information, submission of incomplete or inaccurate information, as well as acts that constitute a real threat to the interests of depositors and creditors of the Bank of Russia has the right to apply to the supervision of the credit institution measures established by the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)".
Article 20. Grounds for revocation of a license for carrying out banking operations Bank of Russia may revoke the license for carrying out banking operations in the following cases: 1) establishing the authenticity of the data on the basis of which a license has been granted;
2) delay in the commencement of banking transactions stipulated by the license more than one year from the date of its issuance;
3) ascertaining the facts unreliable reporting of data;
4) implementation, including single, banking operations, not stipulated by the license of the Bank of Russia;
5) default by the requirements of federal laws, regulating the banking activities, as well as the normative acts of the Bank of Russia, if during the year to credit organizations have repeatedly applied the measures stipulated by the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)";
6) unsatisfactory financial situation of the credit institution, non-performance of its obligations to depositors and creditors, which is the basis for the filing of an application to commence arbitration proceedings on bankruptcy of the credit institution.
Revocation of license for carrying out banking operations on other grounds, except stipulated by this federal law, shall not be permitted.
The revocation of a license for carrying out banking operations shall be published by the Bank of Russia in the official publication of the Bank of Russia ("Bulletin of the Bank of Russia") within one week from the date of adoption of the relevant decision.

Bank of Russia following the withdrawal of licenses from the credit institution may apply to the Court of arbitration with the claim about its elimination.
Article 21. Disputes with the credit organization decisions and actions (inactivity) of the Bank of Russia or its officials may be appealed by the credit organization in court or arbitral tribunal, in the manner prescribed by federal laws.
A credit institution shall have the right to apply to the Bank of Russia with queries and statements in connection with the decisions and actions (inaction) of the Bank of Russia on the Bank of Russia is obliged to respond within one month on the merits of the issues concerned.
Disputes between the credit institution and its customers (individuals and legal entities) are resolved in the order stipulated by federal laws.
Article 22. Branches and representative offices of credit institutions of the branch of a credit institution is its separate subdivision, located outside credit organizations and carrying out on its behalf all or part of the banking transactions stipulated by the license of the Bank of Russia issued by the credit institution.
Mission of the credit institution is its separate subdivision, located outside of the credit organization, representing its interests and exercising their protection. Representation of the credit institution does not have the right to carry out banking operations.
Branches and representative offices of credit institutions are not legal entities and operate on the basis of the provisions approved by the application that created them credit organization.
Leaders of branches and representative offices are appointed by the head of the application that created them credit organization and operate on the basis of the issued them in the prescribed manner.
Credit organization opens on the territory of the Russian Federation branches and representative offices of the notification of the Bank of Russia. The notification shall specify the postal address of the branch (Representative Office), its powers and functions, the managers, the scope and nature of the planned transactions, as well as printing and print submitted signatures of his supervisors.
For the opening of branches of credit institutions charged a fee in an amount to be determined by the Bank of Russia, but not exceeding 1000 times the minimum wage. Specified collection arrives in the federal budget.
The branches of the credit organization with foreign investments on the territory of the Russian Federation shall be recorded by the Bank of Russia in accordance with the established procedure.
Article 23. Liquidation or reorganization of a credit organization liquidation or reorganization of a credit organization shall be carried out in accordance with the federal laws with the requirements of this federal law.
A message about the cancellation of the recordal of a credit organization shall be published by the Bank of Russia in the official publication of the Bank of Russia ("Bulletin of the Bank of Russia") within one month after making specified changes to the Book State registration of credit institutions.
CHAPTER III. ENSURING the STABILITY of the BANKING SYSTEM, protection of rights, interests of depositors and CREDITORS of the CREDIT INSTITUTIONS Article 24. Ensuring the financial soundness of a credit institution in order to ensure the financial reliability of the credit organization to create reserves (funds), including impairment of securities, order of formation and use of which is established by the Bank of Russia. Minimum size of reserves (funds) are established by the Bank of Russia. Dimensions of deductions in reserves (funds) from the profits before tax are established by federal laws about taxes.
A credit institution is required to classify assets, allocating doubtful and bad debts, and create reserves (funds) to cover possible losses in accordance with the procedure set out by the Bank of Russia.
A credit institution must comply with the required standards set in accordance with the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)". Numerical values of the obligatory standards are fixed in accordance with the Federal law.
Credit institution is obliged to organize internal control, providing an adequate level of reliability, appropriate to the nature and scale of operations.
Article 25. Standard Reserve Bank must comply with the standard of required reserves deposited with the Bank of Russia, including the timing, amount and type of borrowed funds. Order deposit required reserves is determined by the Bank of Russia in compliance with the Federal law "on the Central Bank of the Russian Federation (Bank of Russia)".
The Bank must have a account with the Bank of Russia for storage of required reserves. How to open a specified account and operations on it is set by the Bank of Russia.
Article 26. Banking secrecy

Credit institution, Bank of Russia guarantees the secrecy of transactions, accounts and deposits of its clients and correspondents. All employees of a credit institution are required to keep the secrecy of transactions, accounts and deposits of its clients and correspondents, as well as on other information set by the credit institution, if not inconsistent with federal law.
For information on operations and accounts of juridical persons and citizens, carrying out business activity without establishment of legal entity, shall be issued by the credit institution, the courts and arbitral tribunals (judges), the accounts Chamber of the Russian Federation, bodies of the State tax service and tax police, the Customs authorities of the Russian Federation in cases stipulated by legislative acts on their activities, and with the consent of the Prosecutor, the pre-trial investigation in cases pending in their production.
Statements of accounts and deposits of natural persons are issued by a credit institution, the courts, and with the consent of the Prosecutor, the pre-trial investigation in cases pending in their production.
For information on accounts and deposits in the event of the death of their owners are issued by a credit institution to persons specified by the account holder or the contribution made by testamentary disposal of a credit institution, notarial firms on their production of probate cases about deposits of deceased contributors, and with respect to the accounts of foreign citizens-foreign consular offices.
Bank of Russia does not have the right to disclose information about accounts, deposits, as well as information about specific transactions and transactions from credit institutions received as a result of the execution of licensing, supervisory and monitoring functions, except in cases provided for by federal laws.
Audit organization shall not disclose to third parties information about the transactions, accounts and deposits of credit institutions, their clients and correspondents received in the course of their audits, except for cases stipulated by federal laws.
For disclosure of banking secrets the Bank of Russia, credit, auditing and other organizations, as well as their officials and their employees are responsible, including reparation for harm suffered, in the manner prescribed by federal law.
Article 27. Garnishment and attachment on monetary assets and other valuables in a credit institution on the money and other valuables of legal entities and physical persons, persons on accounts and in deposits or deposited in a credit institution, may be frozen unless the Court and the arbitral tribunal, judge, as well as on the order of a preliminary investigation bodies with authorization of the Prosecutor.
With the seizure of funds on accounts and in deposits, credit institution immediately upon receipt of the decision on seizure stops out of this account (deposit) within means that seized.
Recovery for money and other valuables of individuals and legal entities located on accounts and in deposits or deposited in a credit institution, may be brought only on the basis of Executive documents in accordance with the legislation of the Russian Federation.
Credit institution, Bank of Russia does not accept responsibility for damage caused as a result of the seizure or exaction of funds and other assets of their clients, except in cases prescribed by law.
Confiscation of money and other valuables can be made on the basis of an enforceable court judgement.
CHAPTER IV. INTERBANK RELATIONS and customer service Article 28. Interbank operations credit institutions on a contractual basis can attract each other and place the funds in the form of deposits, loans, carry out payments through the generated payment centres in accordance with the established procedure and the correspondent accounts opened by each other and perform other reciprocal operations provided by licences issued by the Bank of Russia.
Credit organization reports monthly to the Bank of Russia on the newly opened correspondent accounts in the territory of the Russian Federation and abroad.
Correspondent relationships between the credit institution and the Bank of Russia are carried out on a contractual basis.
Withdraw funds from the accounts of a credit institution to be produced in its order or with her consent, except for the cases stipulated by the Federal law.
If there are insufficient funds for credit customers and fulfilling commitments, a credit institution may apply for loans to the Bank of Russia on the conditions determined by it.
Article 29. Interest rates on credits, deposits and Commission fees on credit organization operations, interest rates on credits, deposits and Commission fees for transactions shall be established by a credit institution under agreement with clients, unless otherwise stipulated in the Federal law.

A credit institution shall not have the right to unilaterally change the interest rates on credits, deposits, Commission fees and expiration dates of these contracts with customers, except in cases envisaged by federal law or an agreement with the client.
Article 30. Relations between the Bank of Russia, credit organizations and their clients, the relationship between the Bank of Russia, credit organizations and their clients are based on treaties, unless otherwise stipulated in the Federal law.
Must be indicated in the contract interest rates on credits and deposits, the cost of banking services and timetables for their implementation, including the processing of payment documents, the parties liable for breach of contract, including liability for infringement of obligations under the terms of payment, as well as the procedure for divorce and other essential conditions of the contract.
Clients have the right to open the required number of payment, deposit and other accounts in any currency in banks with their consent, unless otherwise stipulated in the Federal law.
The procedure for opening, maintaining and closing bank accounts in rubles and foreign currency shall be established by the Bank of Russia in compliance with the federal laws.
Participants of the credit institution does not have any advantages in considering loan or for other banking services, unless otherwise stipulated in the Federal law.
Article 31. Payment credit organization credit organization carries out calculations according to the rules, forms and standards set by the Bank of Russia; in the absence of rules for certain types of calculations-by agreement between themselves; in exercising international settlements-in the manner prescribed by federal laws and rules accepted in international banking practice.
Credit institution, Bank of Russia are obliged to transfer the client's funds and crediting of funds to his account not later than the next business day after receipt of the payment document, unless otherwise stipulated in the Federal law, treaty or the payment document.
In case of late or improper credited or debited from account of client funds, a credit institution, the Bank of Russia to pay interest on the amount of these funds by the Bank of Russia refinance rate.
Article 32. Antitrust rules for credit institutions are prohibited from entering into agreements and implement concerted actions aimed at monopolization of the banking services market, as well as the restriction of competition in banking.
Acquisition of shares (shares) of credit institutions, as well as the conclusion of agreements on the monitoring of the activities of credit organizations (groups of credit institutions) must not contravene competition rules.
Compliance with antitrust rules in the sphere of banking services is controlled by the State Committee of the Russian Federation for Antimonopoly Policy and promotion of new economic structures, together with the Bank of Russia.
Article 33. To ensure repayment of loans Loans provided by the Bank, may be the pledge of immovable and movable property, including Government and other securities, bank guarantees and other means, provided that federal laws or contract.
If there is a violation of obligations under the agreement by the borrower to the Bank shall be entitled to recover ahead of loans and accrued interest thereon, if it is stipulated in the agreement, as well as to foreclose on the mortgaged property in the manner prescribed by federal law.
Article 34. Announcement of debtors insolvent (bankrupt) and repayment of a credit institution is obliged to take all the measures stipulated by the law of the Russian Federation for debt collection.
A credit institution may apply to the Arbitration Court to declare the commencement of insolvency proceedings (bankruptcy) against debtors who are not performing their debt obligations, in accordance with the procedure established by federal laws.
Chapter v. branches, representative offices and SUBSIDIARIES of a CREDIT INSTITUTION in the TERRITORY of a FOREIGN STATE Article 35. Branches, representative offices and subsidiaries of a credit institution in the territory of a foreign State, a credit institution may, with the permission of the Bank of Russia to create branches in the territory of a foreign State and after informing the Bank of Russia-representation.
A credit institution may, with the permission of and in accordance with the requirements of the Bank of Russia have in the territory of a foreign State subsidiaries.
Bank of Russia no later than three months from the date of receipt of the relevant application informs the complainant in writing of its decision-consent or refusal. A waiver must be motivated. In case the Bank of Russia is not informed of the decision within the specified period, a permit is deemed to have been received by the Bank of Russia.
CHAPTER VI. SAVINGS DEAL Article 36. Bank deposits of individuals

The contribution of the funds in the currency of the Russian Federation or foreign currency deposited by individuals to store and generate income. Income on deposit is paid in cash in the form of interest. Contributions returned to the depositor at his first request in the manner provided for a contribution of this kind of federal law and applicable treaty.
Contributions are accepted only by banks, eligible under a license issued by the Bank of Russia. Banks protect deposits and timely execution of its obligations to depositors. Attraction of funds in deposits is executed in writing agreement in two copies, one of which is issued to the depositor.
The right to attract cash assets of private individuals into deposits available to banks, from the date of State registration of which is not less than two years. When merging banks specified period shall be calculated by the Bank, which has an earlier date of State registration. When converting the Bank specified period is not interrupted.
Safety and return of private persons ' deposits in banks, created by the State and banks in the authorized capital of which the State owns more than 50 percent of the voting shares (shares), are guaranteed by the State in the manner provided for by federal laws.
Article 37. Depositors of Bank Depositors of the Bank may be citizens of the Russian Federation, foreign citizens and persons without citizenship.
Investors are free to choose the Bank to accommodate deposits and funds belonging to them can have deposits in one or several banks.
Investors can dispose of deposits, obtain income on deposits to make cashless payments in accordance with the Treaty.
Article 38. Federal mandatory deposit insurance fund to guarantee the repayment of attracted funds banks and compensation for loss of income on invested funds creates a Federal mandatory deposit insurance fund.
Participants of the Federal mandatory deposit insurance fund are the Bank of Russia and the banks that attract citizens.
The order of creation, formation and use of Federal mandatory deposit insurance fund is defined by federal law.
Article 39. Funds deposit insurance, banks have the right to establish funds for voluntary insurance contributions in order to ensure the return of deposits and income payments on them. Deposit insurance funds are created as not-for-profit organizations.
The number of bank-deposit insurance fund founders must be at least five with a combined registered capital of no less than 20 times the minimum amount of the authorized capital established by the Bank of Russia for banks at the date of the establishment of the Fund.
How to create, manage and fund voluntary insurance contributions is determined by their statutes and federal laws.
The Bank is obliged to put customers informed of its participation or non-participation in the funds of voluntary insurance contributions. In the case of participation in the Fund of voluntary insurance of deposits the Bank shall inform the customer about the terms and conditions of insurance.
CHAPTER VII. ACCOUNTING in credit institutions and SUPERVISION Article 40. Accounting rules in a credit institution the rules of accounting, financial and statistical reporting, the compilation of annual reports by credit institutions shall be established by the Bank of Russia with the international banking practice.
Article 41. Supervision of credit institutions supervision of credit institutions is carried out by the Bank of Russia in compliance with the federal laws.
Article 42. Credit organization audit Activities of the credit institution is subject to annual verification audit organization has, in accordance with the legislation of the Russian Federation license for carrying out such checks.
Audit of the credit institution in accordance with the legislation of the Russian Federation.
The audit organization is obliged to make a conclusion on the results of the audit, which contains information about the reliability of financial statements of the credit institution, the fulfilment of the obligatory standards established by the Bank of Russia, as control a credit institution, the State of internal controls and other provisions, as defined by federal law and the Statute of the credit organization.
The auditor's report shall be forwarded 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.
Article 43. Reporting credit institution, a credit institution shall submit to the Bank of Russia reporting (records) on its activities in a form, manner and timing of which shall be established by the Bank of Russia.
Credit organization publishes in the press annual report (including balance sheet and profit and loss statement) in the form and within the time limits that are set by the Bank of Russia, after confirming its reliability audit organization.

If the Bank owns more than 50 percent of the voting shares of another bank, it is in the Bank of Russia in a form, manner and timing of which shall be established by the Bank of Russia, consolidated reporting on its activities and the activities of the subsidiary banks, which includes the consolidated balance sheet and consolidated profit and loss account.
T s t b I 2. Before the adoption of the Federal law establishing the procedure for registration of non-profit organizations, credit unions and associations registration of organizations is made by justice authorities in the manner specified for public associations.
T s t b I 3. For the period up to January 1, 1996 year, branches of foreign banks, as well as credit institutions, in the authorized capital of which foreign investment accounted for over 50 per cent do not have a license for carrying out banking operations as of January 1, 1995 year, carry out banking transactions only with individuals and legal entities-nonresidents.
T s t b I 4. The Government of the Russian Federation and the Bank of Russia within three months from the date of entry into force of this federal law to develop and contribute to the State Duma as the legislative initiative of the draft federal law on compulsory insurance of deposits of citizens.
T s t b I 5. Credit organizations carry out professional activity on securities market in accordance with the license of the Bank of Russia to settle the issue by the Federal law on securities market.
T s t b I 6. Effect of the third part of article 36 of the Federal law "on banks and banking activity" does not apply to the activities of banks engaged in accepting deposits from citizens on the date of the entry into force of this federal law.
T s t b I 7. Asset management funds under contract with individuals or legal entities may be non-credit, only on the basis of a licence issued in accordance with the procedure established by federal law.
Article 8. Implementation of certain banking operations by the Federal postal service, is governed by a special federal law. (As amended by the federal laws of 08.07.99 N 137-FZ; from 28.07.2004 N 84-FZ) t s t b I 9. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 17 February 3, 1996-FZ