By law, all banks must be licensed. Why doesn't the Central Bank of Russia itself have it? What is primary for the Bank of Russia - protection of the ruble or profit?

Why does the Central Bank need a license to sell alcohol?

Curious citizens who were interested in the data of the Central Bank of Russia from the Unified State Register of Legal Entities could pay attention to a strange detail. In the "Information about licenses" section, the first is data on the license of the Bank of Russia for ... medical activities! The place of validity of the license is the city of Perm. The Central Bank of Russia has more than a dozen licenses for medical activities, which it is allowed to carry out in different cities of Russia (Bryansk, Kursk, Saransk, Cherkessk, Orel, Blagoveshchensk, Petrozavodsk, Yakutsk, Kemerovo, Sochi, Khabarovsk). It is clear that the Central Bank has many subordinate healthcare institutions: polyclinics, sanatoriums, rest houses - for this, licenses for medicine are needed.

The list of licenses of the Central Bank also includes licenses issued by the FSB of Russia to carry out work related to the use of information constituting a state secret (valid in Stavropol, Tula, Tomsk, Omsk), to carry out activities in the field of protecting state secrets (valid in Irkutsk). There are several licenses for the retail sale of alcohol, which are valid in the bar of the boarding house "Svetlyachok" and at a catering company in the city of Tula. There is even a license to operate explosive production facilities. But among all this pile of documents there is no license for banking!

Is the Central Bank operating illegally?

We look at the federal law "On banks and banking activities". A bank is a credit institution, and a credit institution is a legal entity that, on the basis of a license from the Central Bank of Russia, has the right to carry out banking operations for the purpose of making a profit. There are two key points here. First, any bank must have a license from the Central Bank. Second: the main goal of any bank is to make a profit. In addition to issuing licenses to credit institutions, the Bank of Russia also carries out their state registration (prior to licensing). Thus, only what other banks can operate in Russia. If licenses for banking activities are issued only by the Central Bank, then would it really deny itself a license?

But the Central Bank does not require a banking license at all, and here's why.

Why doesn't the Central Bank need a banking license?

What is a license? This is a special permit for the right to carry out a certain type of activity, which is issued by a state body to an entrepreneur. At the same time, the state body itself does not need a license, its work permit is contained in a law or other legal act emanating from the state.

Permission for the Central Bank to carry out banking activities is contained in the Constitution of the Russian Federation (Article 75), federal laws “On the Central Bank of the Russian Federation (Bank of Russia)”, “On banks and banking activities”. The Constitution of the Russian Federation does not clearly define the status of the Central Bank. Article 75, dedicated to the Central Bank, is even located in the Constitution of the Russian Federation in a strange way: in Chapter 3 “Federal Structure”. Article 75 says that the Bank of Russia has the exclusive right to issue money. Further, the Constitution of the Russian Federation calls the protection and stability of the ruble the main function of the Central Bank. Further, it is even more interesting: this function is carried out by the Bank of Russia regardless others public authorities (how, completely independent? Even from the Government and the Ministry of Finance?). "Other" public authorities are specified in Article 11 of the Constitution of the Russian Federation. At the federal level, these are the President of Russia, the Government, the Federal Assembly and the courts. The Central Bank is not mentioned here, that is, the Constitution of the Russian Federation does not consider the Central Bank of the Russian Federation to be a state authority. Why, then, does this special Bank receive functions on which the country's sovereignty depends?

The Law on the Central Bank gives it the authority to issue regulations binding on federal government bodies, government bodies of the constituent entities of the Russian Federation and local governments, all legal entities and individuals. Another strange authority for a “just” bank (by the way, a commercial organization, by definition).

An attentive reader would also learn from an extract from the Unified Register of Legal Entities that the Central Bank of the Russian Federation does not have an organizational and legal form: neither characteristic of commercial organizations (LLC, OJSC), nor characteristic of non-profit associations (institution, state unitary enterprise, state corporation). This is the Central Bank of the Russian Federation, or simply the Bank of Russia.

All these oddities did not pass by the vigilant eye of the Constitutional Court of the Russian Federation, which, in its Ruling of December 14, 2000 No. 268-O, said that the powers of the Central Bank of the Russian Federation “by their legal nature relate to the functions of state power, since their implementation involves the use of measures of state coercion ". What does this mean? This means that the Constitutional Court recognized the public law nature of the Bank of Russia. But the Definition does not say about the private law characteristics of the main bank of the country. The private law nature of the Central Bank obliges it to take care of its own profits secondarily after ensuring the protection and stability of the ruble (I would like to believe that not in the first place).

Who and why laid in the current Constitution of the Russian Federation one that undermines the sovereignty of Russia?

It should be?

The draft provides for a fundamentally different model, in which the State Bank of Russia is a state body, does not pursue the goals of making a profit, but is guided solely by the goals and interests of the state (Article 207). Giving the State Bank of Russia a clearly defined status of a state body automatically entails a number of requirements for officials and employees of the bank, as well as the application to them of provisions on responsibility for the results of their activities in their positions.

"Banking law", 2009, N 5

There are currently approximately 1,200 banks operating in Russia, of which approximately 300 banks have a general banking license. That is, every fourth bank in Russia has a general banking license.

What are the advantages of a general banking license compared to other banking licenses? What additional requirements apply to banks obtaining a general banking license?

The concept of a general banking license

In accordance with Art. 11.2 of the Federal Law of December 2, 1990 N 395-1 "On Banks and Banking Activities" (Law on Banks), a general license is a banking license that gives a credit institution the right to conduct banking operations with funds in rubles and foreign currency, attract deposits of individuals and legal entities in rubles and foreign currency.

In more detail, the List of banking operations, the right to carry out which is granted by a general license, is specified in Appendix 18 of the Instruction of the Central Bank of the Russian Federation dated January 14, 2004 N 109-I "On the procedure for the Bank of Russia to make a decision on the state registration of credit institutions and the issuance of licenses for banking operations "(Instruction 109-I) and includes the following:

• attracting funds from individuals and legal entities in deposits (on demand and for a certain period);
• placement of funds attracted in deposits (on demand and for a certain period) of individuals and legal entities on their own behalf and at their own expense;
• opening and maintaining bank accounts of individuals and legal entities;
• making settlements on behalf of individuals and legal entities, including authorized correspondent banks and foreign banks, on their bank accounts;
• collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities;
• purchase and sale of foreign currency in cash and non-cash forms;
• issuance of bank guarantees;
• implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders).

Benefits of a General License

Why is a general license better than ordinary banking licenses?

It should be noted that the general license has a number of advantages compared to the possession of simple licenses, namely:

• a credit institution holding a general license may, with the permission of the Bank of Russia, establish branches in the territory of a foreign state and, after notifying the Bank of Russia, representative offices<1>;

<1>

• a credit institution holding a general license may, with the permission and in accordance with the requirements of the Bank of Russia, have subsidiaries in a foreign state<2>;

<2>See: article 35 of the Banking Law.

• a credit institution may place federal budget funds on bank deposits<3>;

<3>See: Decree of the Government of the Russian Federation of March 29, 2008 N 227 "On the procedure for placing federal budget funds on bank deposits".

• a credit institution may be allowed to place temporarily free funds from the budget of the city of Moscow on bank deposits<4>;

<4>See: Decree of the Government of Moscow of June 3, 2008 N 486-PP "On holding an open tender for the right of credit institutions to participate in the placement of temporarily free funds of the Moscow city budget on bank deposits".

• state guarantees of the Russian Federation for loans attracted by strategic organizations of the military-industrial complex for the implementation of the main production activities and capital investments are provided for loans from banks with a general license<5>;

<5>See: Decree of the Government of the Russian Federation of February 14, 2009 N 104 "On the provision in 2009 of state guarantees of the Russian Federation for loans attracted by strategic organizations of the military-industrial complex".

• state guarantees of the Russian Federation for loans attracted by organizations selected in the manner established by the Government of the Russian Federation for the implementation of the main production activities and capital investments are provided for loans from banks that have a general license<6>;

<6>See: Decree of the Government of the Russian Federation of February 14, 2009 N 103 "On the provision in 2009 of state guarantees of the Russian Federation for loans attracted by organizations selected in the manner established by the Government of the Russian Federation."

• credit institutions with a general license can invest funds from pension savings and savings for housing maintenance of military personnel in deposits in rubles<7>;

<7>See: Decree of the Government of the Russian Federation of December 13, 2006 N 761 "On the establishment of additional restrictions on the investment of pension savings and housing savings for military personnel in ruble deposits in credit institutions."

• the status of "authorized bank of the Government of Moscow" is possible for banks with a general license<8>;

<8>See: Decree of the Mayor of Moscow dated November 29, 1999 N 1353-RM "On Improving the Activities of the System of Authorized Banks of the Government of Moscow".

• the right to service personalized social accounts of citizens in the city of Moscow have banks that have a general license<9>;

<9>See: Decree of the Government of Moscow of July 13, 2004 N 475-PP "On the organization of a competition among credit institutions of the city of Moscow for the right to service personalized social accounts of citizens in 2004-2008".

• the right to perform the functions of an authorized body of the Department of Finance of the city of Moscow to check the financial condition of recipients of budget loans, ensure their intended use may have credit institutions that have a general license<10>;

<10>See: Decree of the Government of Moscow dated July 22, 2003 N 582-PP "On organizing a competition for the right to perform the functions of an authorized body of the Department of Finance of the City of Moscow to verify the financial condition of recipients of budget loans, ensuring their intended use."

• banks with a general license can participate in the placement of registered blocked target accounts of citizens<11>;

<11>See: Decree of the Premier of the Government of Moscow dated August 20, 1998 N 929-RP "On approval of the Regulations on the procedure and conditions for holding a tender for the selection of a bank for placement of registered blocked target accounts of citizens".

• temporarily free funds of the state corporation "Russian Corporation of Nanotechnologies" can be invested in deposits and certificates of deposit of credit institutions that have a general license<12>;

<12>See: Order of the Ministry of Finance of the Russian Federation of March 17, 2008 N 33n "On the implementation of the Decree of the Government of the Russian Federation of February 28, 2008 N 127" On the directions, procedure and conditions for investment, the maximum amount of invested temporarily free funds of the state corporation "Russian Corporation of Nanotechnologies ".

• temporarily free funds of the state corporation - the Fund for Assistance to the Reform of Housing and Communal Services can be invested in deposits and certificates of deposit of credit institutions that have a general license<13>;

<13>See: Order of the Ministry of Finance of the Russian Federation of March 7, 2008 N 32n "On the implementation of Decree of the Government of the Russian Federation of February 15, 2008 N 76 "On the placement of temporarily free funds of the state corporation - the Fund for Assistance to Reforming the Housing and Communal Services".

• a credit institution holding a general license may participate in the competition in terms of performing the functions of an agent for the placement of government savings bonds, their redemption, redemption and payment of coupon income<14>;

<14>See: Order of the Ministry of Finance of the Russian Federation of July 31, 2002 N 74n "On the organization of a competition to determine the agent, depository and organizer of trade serving the government savings bonds market".

• a credit institution holding a general license may participate in a tender to determine the paying agent for bonds of the state savings loan of the Russian Federation<15>;

<15>See: Order of the Ministry of Finance of the Russian Federation of December 15, 2000 N 109n "On organizing a tender to determine the paying agent for bonds of the state savings loan of the Russian Federation".

• The Central Bank of the Russian Federation provides loans to a credit institution that carries out measures to rehabilitate a troubled credit institution, if such a remedial bank has a general license<16>;

<16>See: Regulation of the Central Bank of the Russian Federation of June 25, 1998 N 38-P "On the procedure for granting credits by the Central Bank of the Russian Federation to a credit institution carrying out measures to reorganize a troubled credit institution".

• the export of ingots is allowed to credit organizations that have a general license<17>;

<17>See: Order of the Ministry of Foreign Affairs of the Russian Federation of March 2, 1998 N 107 "On the export of refined gold and silver from the Russian Federation by credit institutions".

• otherwise.

Thus, the general license for banking operations provides opportunities for banks to have the following operations:

• open branches, representative offices and subsidiaries abroad;
• allocate federal and regional budget funds;
• invest pension savings;
• to place funds of state corporations, etc.

As follows from the above, a general banking license provides additional opportunities for the development of the bank's business and is therefore of interest to banks.

What are the requirements for banks obtaining a general license, and what is the procedure for obtaining a general banking license? Are these requirements feasible for banks and is the procedure for obtaining a general banking license too complicated?

Requirements for banks obtaining a general license

A general license may be issued to a credit institution that meets the following requirements:

• has own funds (capital) of at least 900 million rubles as of the 1st day of the month in which the application for a general license was submitted to the Bank of Russia<18>;

<18>See: article 11.2 of the Banking Law.

• has licenses to carry out all banking operations with funds in rubles and foreign currency<19>;

<19>See: article 14.1.5 of Instruction 109-I.

• during the last six months preceding the submission of the relevant application to the territorial branch of the Bank of Russia, and also before the Bank of Russia makes a decision to expand the activities of the credit institution, the credit institution must<20>:

<20>See: Article 13.1 of Instruction 109-I.

• comply with the requirements established by federal laws and regulations of the Bank of Russia for the provision of information about participants and their groups (affiliates), which makes it possible to unambiguously identify persons (including those who are not members of a credit institution) who are able to directly or indirectly (through third parties) determine decisions accepted by the management bodies of the credit institution;
• not have debts to the federal budget, the budget of the relevant subject of the Russian Federation, the relevant local budget and state extra-budgetary funds;
• have an organizational structure (including an internal control service) adequate to the scale of operations carried out by the credit institution and the risks assumed;
• comply with the qualification requirements established by federal laws and regulations of the Bank of Russia for members of the board of directors (supervisory board) and heads of a credit institution;
• comply with the mandatory reserve requirements of the Bank of Russia and have no overdue monetary obligations to the Bank of Russia;
• belong to classification group I or classification group II in accordance with Bank of Russia Ordinance N 2005-U;
• comply with the requirements established by the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation"<21>.

<21>See: article 13.2 of Instruction 109-I.

Thus, as follows from the foregoing, Russian legislation does not impose any unrealistic requirements on credit institutions that wish to obtain a general banking license.

The procedure for obtaining a general license

A general license for banking operations may be issued to a bank, from the date of state registration of which at least two years have passed<22>.

<22>See: article 14.4 of Instruction 109-I.

In order to obtain a license expanding its activities, a credit institution must submit the following documents to the territorial office of the Bank of Russia supervising its activities:

• a petition signed by an authorized person;
• a published annual report certified by an audit organization and a duly certified copy of the auditor's report for the year preceding the credit institution's application for a license to expand its activities (if these documents have not previously been submitted to a territorial branch of the Bank of Russia);
• the business plan of the credit institution or, in the cases provided for by Bank of Russia regulations, amendments and additions to the business plan;
• confirmation of the authorized bodies on the absence of debt of the credit institution to the federal budget, the budget of the relevant subject of the Russian Federation, the relevant local budget and state extra-budgetary funds<23>.

<23>See: article 14.6 of Instruction 109-I.

When considering the issue of issuing a general license to a bank, it conducts a comprehensive audit in the manner prescribed by the regulations of the Bank of Russia, or takes into account the results of a comprehensive audit if it was completed no earlier than three months before the submission of an application for issuing this license to a territorial institution Bank of Russia<24>.

<24>See: Article 14.3 of Instruction 109-I.

The territorial branch of the Bank of Russia, within ninety calendar days from the date of receipt of the documents, reviews them and sends to the Bank of Russia (Department for Licensing Activities and Financial Recovery of Credit Institutions of the Bank of Russia) a conclusion on the possibility of issuing a license to a credit institution expanding its activities<25>.

<25>See: article 14.7 of Instruction 109-I.

Based on the documents received, the Bank of Russia makes a decision on the possibility of issuing a license to a credit institution specified in its application<26>. In the Bank of Russia, this issue is referred to the competence of the Banking Supervision Committee<27>.

<26>See: article 14.9 of Instruction 109-I.
<27>See: Regulations on the Banking Supervision Committee of the Bank of Russia (approved by the decision of the Board of Directors of the Central Bank of the Russian Federation of August 10, 2004, Minutes No. 21).

* * *

As can be seen from the above, a general banking license provides a number of significant benefits to banks that have such a license. At the same time, the procedure for obtaining such a license and the list of requirements for banks are feasible for banks that, through a general banking license, can expand the range of their operations.

4. Operations of the securities

5. Main tools and methods for implementing the monetary policy of the Bank of Russia. The concept of a key rate.

6. Organizational and legal forms of banks, management bodies and their functions. Structural divisions of banks.

Bank management bodies

Structural divisions of the bank

7. Procedure for state registration of banks and licensing of banking activities. (Art. 12-15 fz 395-1)

8. Types of banking licenses.

9. Grounds for revoking the license of a credit institution

12. Banking groups and holdings, unions and associations: concept, goals of creation (in the new edition of the Law "On Banks and Banking Activities")

14. Authorized capital of a credit institution: methods of formation and increase, minimum requirements for the amount.

15. Resources (liabilities) of the bank: concept, structure and general characteristics

16. Types of bank deposits (deposits). Features of a bank deposit agreement with an individual and a legal entity.

17. Bank certificates: types, order of issue, circulation and redemption.

18. The system of insurance of deposits of individuals in the banks of the Russian Federation. Functions of a deposit insurance agency

19. Issuance of bills by the bank. Types of bank bills.

20. Bonds of banks, features of their issue and placement, taking into account the requirements of the Instruction of the Central Bank of the Russian Federation No. 148-i.

21. Credits of the Bank of Russia: types, purpose

22. Essence and types of interbank loans. Methods of their provision and execution. mbc market indicators.

Mbc classification:

23. Bank assets: concept and structure. Classification of assets by level: liquidity, profitability, risk

24. Types of bank loans. Principles of bank lending.

Lending principles

25. Subjects and objects of bank lending.

26. Methods of bank lending. Ways to regulate loan debt

27. Organization of the credit process in a commercial bank.

1. Comparison of the application with the credit policy of the bank:

2. Consideration of the application and documents of the client;

3. Formation of a loan agreement;

4. Credit monitoring.

28. Credit policy: essence; factors taken into account in the formation of CP

29. Factoring: essence, characteristics.

30. Credit lease (leasing): essence; types of leasing: operational and financial. Leasing agreement.

31.Consumer credit: essence; varieties and features. Federal Law "On consumer credit (loan) No. 353 fz

32. Mortgage loan and its varieties for corporate clients and individuals.

33. Pledge as a way to ensure the repayment of a bank loan: types, quality requirements, registration procedure.

34. Guarantee and bank guarantee: essence, subject composition and procedure for their execution.

35. The procedure for determining the quality of a loan and the formation of a reserve for possible losses on loans (Regulation of the Central Bank of the Russian Federation No. 254p).

36. National payment system of the Russian Federation: concept, subjects. The concept and examples of payment systems.

41. Direct debiting: essence, scope, payment scheme.

42. Settlements using collection orders: essence, scope, scheme of calculations.

43. Settlements for letters of credit: essence, types, payment scheme.

44. Settlements by checks: essence, scheme of payments.

45. Settlements using electronic money: essence, scope, payment scheme

46. ​​Settlements by bills: essence, types of bills, payment scheme.

47. Types of professional activities of banks in the securities market

48. Investment activity of banks in the securities market.

8. Types of banking licenses.

The types of licenses and the rules for obtaining them are specified in the instruction of the Bank of Russia dated April 2, 2010 No. 135-I.

Licenses issued to a bank established by founding:

License for banking operations with funds in rubles(without the right to attract funds from individuals in deposits).

(without the right to attract funds from individuals in deposits). The Bank has the right to establish correspondent relations with an unlimited number of foreign banks.

. It can be issued to a bank simultaneously with a type 2 license.

Licenses issued to expand the bank's activities:

License for banking operations with funds in rubles and foreign currency(without the right to attract funds from individuals in deposits).

License to attract deposits and placement of precious metals. It can be issued to a bank in the presence or simultaneously with a license to conduct banking operations with funds in rubles and foreign currency.

License to attract deposits of individuals' funds in rubles.

License to attract deposits of individuals' funds in rubles and foreign currency. It can be issued if there is a license for banking operations with funds in rubles and foreign currency or simultaneously with it.

General license. It gives the right to carry out all types of operations, create branches abroad, acquire shares or shares in the authorized capital of foreign banks. Can be issued to a bank that has a license to carry out all banking operations with funds in rubles and foreign currency; a license to conduct banking operations with precious metals is not required.

To obtain it, a comprehensive audit of the bank's activities is carried out. From the date of registration must pass at least 2 years and equity capital at least 900 million rubles.

9. Grounds for revoking the license of a credit institution

The bank can be liquidated voluntarily (based on the decision of its founders) or forcibly (at the initiative of the BR)

According to Federal Law of December 2, 1990 No. 395-1 "On Banks and Banking Activity", there are two lists of grounds for applying such a sanction by the Central Bank: when it is clearly obliged and when it can do so.

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

if the credit institution's capital adequacy falls below 2%;

if the amount of own funds is less than the minimum value authorized capital established on the date of state registration (the norm does not apply to credit institutions during the first two years from the date of issue of a license);

if the credit institution fails to comply with the requirements of the Bank of Russia on bringing the size of the authorized capital and the amount of own funds in line;

if the credit institution is unable to satisfy the claims of creditors for monetary obligations or fulfill the obligation to make payments within 14 days from the date of their due date. At the same time, these requirements in the aggregate must be at least a thousand times the minimum wage;

if the bank allowed the capital to be reduced to a level below the minimum own funds established by the Central Bank and calculated according to its methodology. In this case, the bank may apply to the Central Bank with a request to transfer it to the category non-bank credit organizations.

The Bank of Russia may revoke a banking license (but is not obliged to do so) as a result of the following violations:

the unreliability of the information on the basis of which the specified license was issued was revealed;

delayed start of implementation banking operations provided by the license for more than one year from the date of its issuance;

facts of significant unreliability of reporting data were revealed;

more than 15 days delayed monthly reporting;

carrying out, including one-time, banking operations not provided for by the existing license;

non-compliance with federal laws and regulations governing banking activity, if within one year the measures provided for by the federal law were repeatedly applied to the credit institution, as well as repeated violation within one year of the requirements Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism";

repeated failure within one year to comply with decisions of courts, arbitration courts - claims for the recovery of funds from accounts (from deposits) of clients of a credit institution;

the presence of a petition of the temporary administration of the bank;

repeated failure by the credit institution to provide the Bank of Russia with the updated information necessary for making changes to the unified state register within the prescribed period legal entities;

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

The Central Bank appoints a temporary administration to the bank no later than the next day after the decision to revoke the license is made. By law, such a credit institution must be liquidated. If funds are sufficient, voluntary liquidation is carried out, if there is not enough funds, bankruptcy proceedings are carried out.

A bank established by founding may be issued the following types of licenses for banking operations.

1) a license to carry out banking operations in rubles (without the right to attract funds from individuals to deposits).

The Bank is granted the right to attract funds from legal entities in deposits (on demand and for a certain period); placement of funds attracted in deposits (on demand and for a certain period) of funds of legal entities on their own behalf and at their own expense; opening and maintaining bank accounts of legal entities and loan accounts of individuals; making settlements on behalf of legal entities, including correspondent banks, on their bank accounts; collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities; issuance of bank guarantees; implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders);

2) a license to carry out banking operations in rubles and foreign currency (without the right to attract funds from individuals 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.

The Bank is granted the right to attract funds from legal entities in deposits (on demand and for a certain period); placement of funds attracted in deposits (on demand and for a certain period) of funds of legal entities on their own behalf and at their own expense; opening and maintaining bank accounts of legal entities and loan accounts of individuals; making settlements on behalf of legal entities, including correspondent banks, on their bank accounts; collection of funds, bills of exchange, payment and settlement documents and cash services for individuals and legal entities; purchase and sale of foreign currency in cash and non-cash forms; issuance of bank guarantees; implementation of money transfers on behalf of individuals without opening bank accounts (except for postal orders);

3) a license to attract deposits and placement of precious metals. It can be issued to a bank simultaneously with a license to conduct banking operations in rubles and foreign currency.

This license gives the bank the right to attract deposits and placement of precious metals and other operations with precious metals in accordance with the legislation of the Russian Federation;

4) a license to attract deposits from individuals in rubles. May be issued simultaneously with a license for banking operations with funds in rubles (without the right to attract funds from individuals to deposits).

The Bank is granted the right to attract funds from individuals in deposits (on demand and for a certain period); placement of funds attracted in deposits (on demand and for a certain period) of funds of individuals on their own behalf and at their own expense; opening and maintaining bank accounts of individuals; making settlements on behalf of individuals on their bank accounts;

5) a license to attract deposits of individuals' funds in rubles and foreign currency.

May be issued simultaneously with a license for banking operations with funds in rubles and foreign currency. The Bank can carry out the same operations as in the previous license, only in foreign currency.

Expansion of the activities of a credit institution by obtaining licenses for banking operations is possible if, during the last six months, the credit institution:

Fulfills the requirements for providing information about the participants and their groups (affiliates), which makes it possible to unambiguously identify persons who have the opportunity, directly or indirectly (through third parties), to determine decisions made by the management bodies of the credit institution;

Has no debts to budgets and state off-budget funds;

Has an organizational structure corresponding to the scale of operations carried out by the credit institution and the risks assumed;

Fulfills qualification requirements for members of the board of directors (supervisory board) and heads of the credit institution;

Complies with technical requirements for banking operations;

Fulfills the mandatory reserve requirements of the Bank of Russia and has no overdue monetary obligations to the Bank of Russia;

Refers to classification groups 1 or 2 in accordance with Bank of Russia Directive No. 2005-U (for a bank);

Based on the instructions of the Bank of Russia No. 2005-U, the

five classification groups determined from the criteria for assessing capital, assets, profitability, liquidity, mandatory ratios, quality of management, transparency of the bank's ownership structure.

Group 1 includes banks in whose activities no current difficulties have been identified, namely, banks for which capital, assets, profitability, liquidity and management quality are assessed as “good”, and the ownership structure is recognized as transparent or fairly transparent. Banks cannot be assigned to group 1 if there is at least one reason for referring to another classification group.

Group 2 includes banks that do not have current difficulties, but whose activities have identified shortcomings that, if they are not eliminated, may lead to difficulties in the next 12 months, namely banks for which there is at least one of the grounds: 1) capital, assets, profitability, liquidity and quality of management are assessed as “satisfactory”, and the ownership structure is recognized as transparent or sufficiently transparent; 2) at least one of the mandatory ratios (with the exception of the H1 ratio) is not observed in aggregate for 6 business days or more during at least one of the months of the reporting quarter.

To expand its activities, the Bank may be issued:

1) a license to carry out banking operations with funds in rubles and foreign currency (without the right to attract funds from individuals to deposits);

2) a license to attract deposits and placement of precious metals. It can be issued to a bank in the presence or simultaneously with a license for banking operations with funds in rubles and foreign currency;

3) a license to attract deposits of funds from individuals in rubles;

4) a license to attract deposits of individuals' funds in rubles and foreign currency (if there is a license to carry out banking operations with funds in rubles and foreign currency or simultaneously with it);

5) a general license giving the right to carry out all banking operations. It can be issued to a bank that has licenses to carry out all banking operations with funds in rubles and foreign currency and meets the established requirements for the amount of its own funds. Having a license to conduct banking operations with precious metals is not a prerequisite for obtaining a general license.

When considering the issue of issuing a general license to a bank, the results of a comprehensive audit are taken into account.

License to attract deposits of individuals' funds in rubles; a license to attract deposits of funds of individuals in rubles and foreign currency and a general license may be issued to a bank, from the date of state registration of which at least two years have passed, and a license to attract deposits of funds of individuals in rubles; a license to attract deposits of individuals in rubles and foreign currency may be issued to a bank, from the date of state registration of which less than two years have passed (if the bank additionally submits a written confirmation of the disclosure to an unlimited circle of persons of information about persons providing significant (direct or indirect ) influence on decisions made by the bank's management bodies, and also if the amount of its own funds is at least 3 billion 600 million rubles).

Non-bank credit institutions may obtain a license for banking operations with funds in rubles or with funds in rubles and foreign currency for settlement non-bank credit institutions, which contains all banking operations listed in Appendix 9 to Bank of Russia Instruction No. 135-I, or a part thereof, and 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, containing all banking operations listed in Appendix 10 to this instruction, or part of them.

Guided by the principle of exclusive legal capacity, only credit institutions are entitled to conduct banking operations on the basis of a license from the Bank of Russia. The distinction between the concepts of "banking operation" and "banking transaction" is a problem that requires further research. The conditions for issuing licenses to credit institutions and their types are determined by Bank of Russia regulations.

Thus, all the listed licenses of the Bank of Russia give the right to credit institutions to carry out different volumes of banking operations. Obtaining licenses directly depends on the fulfillment by credit institutions of the requirements established by the legislation and regulations of the Bank of Russia.