It should be noted that organizations assigned to the credit group have a certain legal status, which distinguishes them from other structures existing in the state. Let us further consider their main features, as well as the types and basic principles of activity.
General concept
In accordance with the provisions presented in the legislation currently in force, credit organizations are all those persons who have legal status, which are created solely to derive their own benefit in monetary terms.
Such organizations operate on the basis of a special document - a license. Such permission is issued by the Central Bank of the Russian Federation. On its basis, the organization has the right to carry out all types of banking operations provided for by current regulatory acts.
Normative regulation
All issues related to the regulatory regulation of credit institutions are reflected in the content of certain regulatory acts in force in the Russian Federation. These include:
- Regulation "On the identification by credit organizations of customers."
- Civil Code.
- Economic Code.
- Constitution of the Russian Federation.
- Federal Law "On Credit Histories"
- Regulation "On accounting in credit organizations".
- Letters of the Central Bank of the Russian Federation.
Important normative acts also include instructions issued by the Central Bank of the Russian Federation, and instructions, as well as provisions (“On the procedure for creating reserves by credit organizations”, “On banks”, “On mandatory bank ratios”).
These acts detail the principles of operation of the structures in question being created on the territory of the Russian Federation, the features of doing business, and its main directions.
Signs of credit organizations
The law defines some features by which credit organizations can be distinguished. Let's consider them in more detail.
First of all, it is necessary to determine that any credit institution is a person who has signs of a legal one. Moreover, its distinctive feature is that it has a commercial character.
An important factor is the order in which this person was created. It is worth noting that, on the basis of the law, this organization can be represented only in the form of a business company, which may be LLC or AO. As for the form of ownership of the organization, it can be any: private, public or any other.
An essential feature that distinguishes a credit institution from all others is that it is not considered legal without a license to carry out a specific type of activity.
Types of Credit Organizations
In accordance with certain indicators, credit-type organizations are divided into two types: banking and non-banking. The main difference between them is the volume of operations that can be performed: the first type has a much wider range of powers than the second. Let us further consider the features of each of them.
Banking organizations
Considering the legal status of credit organizations, it is necessary to pay special attention to banks - institutions that occupy a separate niche in this structure.
Banks are credit-type organizations, the main feature of which is that they have the right to conduct absolutely all types of operations, in aggregate. These include:
- raising funds in the form of deposits by both private and legal entities;
- placement of tangible assets at their sole discretion based on the terms of repayment, payment and urgency;
- opening bank accounts of individuals and legal organizations;
- maintaining the above accounts.
Classification of banking organizations
Depending on various indicators, a classification of all banking organizations operating in the territory of the Russian Federation is carried out.
So, depending on whether the organization issues money, they can be divided into issue and commercial. Depending on what kind of operations are carried out by banks, they can be divided into specialized and universal.
Considering the types of credit organizations and the legal status of such structures, it is worth paying attention to their classification by service sector. Depending on this indicator, they can be divided into international, national and local. Based on the presence or absence of structural units, banks can be divided into branch and branchless.
If we take as a basis the peculiarities of the formation of the authorized capital, then according to this indicator the organizations of this type can be divided into foreign banks, national and joint.
Depending on what type of property is characteristic of the bank, it can be classified as private or public.
Next, we consider the main classified groups in more detail, indicating their main features.
Issuing and commercial banks
It is worth noting that in the system under consideration, an issue bank is of no small importance. In the Russian Federation, this is one organization - this is the Central Bank. It is the Central Bank that possesses such a volume of monetary assets that no other similar organization has. It is worth noting that the liabilities of the issuing bank are its cash and budget funds in circulation. It is this factor that allows the Central Bank to support other banks operating in the country, as well as to manage their activities. In addition to all this, the Central Bank of the Russian Federation is engaged in filling out the State Registration Book for credit-type organizations, as well as conducting procedures for licensing their activities.
In Russia, as in any other country with a market economy, all settlement transactions are carried out precisely through the Central Bank. In addition, the issuing bank has a whole list of other functions, including:
- monitoring the activities of other banks;
- regulation of commercial banks;
- development of government measures in the field of credit and monetary policy and ensuring their implementation;
- control of money circulation throughout the state, as well as its issue;
- scientific research in the field of the banking system;
- determination of the main priorities and directions of the monetary policy pursued in the country;
- setting economic type limits for other banks operating in the country.
The Central Bank of the Russian Federation also plays a role of the "last resort".
As for commercial banks, those are all those credit institutions that conduct a certain list of operations for legal and private individuals. Among their main actions, it is certainly worth highlighting intermediary operations, payment and settlement, granting loans, attracting deposits, actions on the securities market, etc.
Non-profit banks provide a certain list of services, among which it is worth noting:
- access to Forex and the stock market;
- car loans;
- mortgage;
- lending to organizations and individuals;
- carrying out all operations with precious metals;
- exchange of damaged banknotes for unsorted;
- maintaining accounts of economic entities.
Specialized and universal banks
Considering the peculiarities of the legal status of credit organizations and the concept of this system, it is certainly worth highlighting that, depending on the nature of the operations performed, the banks operating in Russia are divided into universal and specialized. Consider the features of these groups.
Specialized banks are financial organizations that provide services to only a certain group of the population or a specific industry. Vivid examples of such are those banks that provide services exclusively to medium and small businesses.
Focusing on a more detailed consideration of the issue of specialization of banks, it is worth noting that it happens in several forms:
- client (utility, consumer credit, stock);
- territorial (international, interregional and regional);
- functional (forensic, mortgage, clearing, deposit, innovation, investment);
- industry (industrial, foreign trade, construction, energy, social development).
As for universal banks, they carry out all types of operations with all circles of persons. Their activity is not determined by a particular business sector, the circle of customers, their composition, business sector or activities.
National, foreign and joint banks
Looking at the authorized capital of the bank, it can be attributed to the group of joint, foreign and national. Consider the features of the legal status of credit institutions of these types below.
By the way, at present in the banking system of the Russian Federation there is a predominant majority of national banks. They are created solely on the basis of Russian capital and are the main agents of the monetary policy pursued in the country. That is why it is worth noting that the effective operation of this group of banks is the key to the normal functioning of the monetary economy of the entire state.
As for foreign banks, the creation of their capital is based primarily on the funds of other states. The main difference between foreign banks is that their official registration is carried out in the territory of another country, and in Russia they conduct their activities only by directly participating in the authorized capital of credit organizations of a group of residents. They also conduct their activities by creating branches and subsidiary banks. It is worth noting that in the Russian Federation this type of activity is possible only with the permission of the Central Bank of the country.
Speaking about joint banks, it is worth noting that the basis of their authorized capital is formed from Russian funds, but in addition to them, there is also a share of foreign funds.
Non-Bank Credit Organizations
As for the peculiarities of the provisions of a non-bank type credit institution, it is first of all worth noting that their legal status allows only certain financial transactions to be carried out, and not all those that are represented in the general complex. Allowed combinations of functions for individual non-banking organizations can only be established by the Central Bank.
What structures are included in the group of non-banking organizations? Among the most striking representatives of such, it is worth highlighting clearing institutions and those that are carrying out work on settlements in the securities market. As for the classification of this type of organization, they are divided into:
- non-bank credit organizations of collection;
- Settlement non-banking organizations;
- structures carrying out credit and deposit operations.
Next, we consider the features of each of the presented types of non-bank credit organizations, their legal status and operations acceptable for execution.
Collection Organizations
As for non-bank credit collection organizations, it is first of all worth noting that they can be created solely on the basis of a license, the issuance of which is carried out by the Central Bank. On the basis of this document, the organization in question has the right to issue bills, settlement, and also payment documents. It is worth noting that at present only two collection organizations operate in the Russian Federation. Of their total number, the ROSINKAS structure established in 1988 is considered the most popular. It is her services that are most often used by banks in the country.
Settlement Organizations
It is worth noting that the legal status of a non-bank credit organization of settlement type provides a fairly wide range of capabilities and a large functional purpose. Of great importance is the fact that these structures are actively engaged in servicing not only legal entities, but also other credit-type structures operating in the securities market, as well as in the foreign exchange and interbank system.
The legal status of non-bank credit organizations of settlement type may perform the following operations:
- opening bank accounts of both individuals and legal entities, as well as their subsequent maintenance;
- making settlements on individual instructions given by legal entities;
- purchase and sale of foreign currency by bank transfer;
- presentation of loans to its customers.
In addition to all of the above, organizations of this type have the full right to exercise milestones of the same functions as collection ones.
Speaking about the legal status of settlement organizations, it is worth noting that they are accountable to the Central Bank and, moreover, they regulate their activities.
Depository credit organizations
Speaking about the legal status of deposit-credit organizations operating in the Russian Federation, it is worth noting that their main action is aimed at performing a separate group of banking operations and only on the basis of a license issued by the Central Bank of the Russian Federation.
The general concept of this type of credit organizations, their legal status and operations that are acceptable for execution are spelled out in the provisions of the Federal Law "On Banks and Banking Activities". They said that deposit-credit organizations have the right to perform the following functions:
- attracting money from investors (for a certain period);
- issuance of bank guarantees;
- placement of attracted funds not only on their own behalf, but also at their own expense;
- sale and purchase of foreign currency (exclusively in non-cash form).
Based on the rules established by law, deposit-credit structures can open correspondent accounts only for the active balance account number 301 ("Correspondent accounts"). It is worth noting that the Central Bank is engaged in strict control over the activities of the organizations in question and sets certain standards for them.
Legal capacity of organizations
It is worth noting that credit organizations of both banking and non-banking type, regardless of their type, must have legal capacity. Let us further consider the features of this concept.
Speaking of organizational legal capacity, it should be clarified that this concept has certain characteristics. Among them, signs of banking legal standing, it is worth highlighting the fact that they:
- have the right to carry out their activities only if there is a special license for that;
- can only conduct banking format activities;
- have the ability to perform only those actions that are permissible in accordance with the acquired status.
In addition to all this, considering the legal capacity of organizations of this type, it is worth noting that no other structure has the right to carry out the actions that are vested in banking and non-banking structures. As for the banks themselves, their legal capacity provides for a ban on activities in the field of trade, insurance and production.
The provisions of the Civil Code of the Russian Federation stipulate that credit organizations have legal capacity of a general type. An exception to this rule are commercial and federal organizations that are vested with a special type of legal capacity.
About the process of creating a credit organization
Modern legislation has established a specific procedure for creating credit-type organizations. Consider its main stages in more detail.
At the initial stage, a decision is made to create an organization. At this stage, the development and adoption of its charter, as well as the signing of the constituent agreement. These procedures are carried out on the basis of the provisions contained in the Federal Law "On Banks".
At the initial stage of creating a credit organization, some other documents are required:
- Organization business plan
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