Tavasiev banking. Banking - Management and technology - Tavasiev A.M.

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A. M. Tavasiev

Banking. credit institution management. Tutorial

Chapter 1. BANK, BANKING, BANKING SYSTEM

1.1. Banks and others credit organizations: fundamental characteristics

The starting point for characterizing what a bank is is the broader concept of “credit organization”. We should start with it using the following reasoning.

Commodity-money relations consist of three types of relationships:

- the product is exchanged directly for another product (T - T);

- a commodity is exchanged for another commodity by means of money (C - D - C);

- money directly changes the owner (D - D).

From the presented structure of commodity-money relations, it can be seen that in the second case, goods and money make an interconnected counter movement, in the first case only goods move, in the third - only money. The last case reflects the essence of those economic processes, which are called proper monetary (financial) relations. In other words, monetary relations- this is such a part of commodity-money relations, which means relations between economic entities regarding the independent movement of money as such.

The following main concrete relations are included in the monetary structure:

Formation of budgets and expenditure of funds from them;

Payment (receipt) of taxes and fees;

Transfer of money on credit and their return. Accordingly, there are three spheres of the economy in which the main forms of monetary relations are implemented: the budget, taxes, credit.

In the case of money relations proper, money (their signs) independent movement(without direct oncoming movement of goods), although their independence is relative. Money cannot circulate on its own for an arbitrarily long time. In order to remain money (to be a universal equivalent, a means of circulation, a means of payment, etc.), they need to meet regularly in their movement with goods, to serve the processes of circulation of the latter. But within certain limits, from time to time, money can and must make its own, independent movement. Moreover, such their movement is a necessary moment (condition) of the general process of reproduction of the economy: in order for reproduction to proceed normally, money at the right time must be where it is needed, and leave where it is currently redundant. Accordingly, special economic (namely financial) problems arise, some of which are solved by credit institutions.

So, monetary relations in the budgetary, tax and credit spheres have common outward sign, consisting in a relatively independent movement of money according to the formula D - D. At the same time, these groups of relations differ sharply in their economic content, and their development is subject to special patterns. This serves as the basis for the emergence and functioning of special economic structures that specialize in the implementation of a particular group of monetary relations.

The fact is that these relations can be market (value not only in form, but also in essence, in terms of internal content) and non-market (reflecting neither purchase and sale, nor any other relationship that obeys the laws of commodity-money relations, market rules).

Monetary relations in the budgetary and tax spheres are relations non-market. Their implementation during historical development societies becomes the prerogative of state executive authorities.

In the credit sector, there is always a specific market in which:

The subject of “purchase and sale” (“goods”) is the right of temporary use of other people's money (as it were, “rent of money”). The fact that there is no trade (purchase and sale) in the generally accepted sense of the word is evidenced by the principle of repayment, which is subject to loaned money, i.e. the fact that in this market money makes not only direct, but also reverse movement;

The price of the “commodity” is interest (like rent), i.e. the movement of money occurs on a paid basis;

The “trade” itself in the named “commodity” has three options:

♦ purchase (attraction) for a specified period or on demand of the right to use other people's money;

♦ sale (placement) to the borrower for a certain period of the right to use the seller's own funds;

♦ resale (placement) to the borrower for a certain period of the right to use funds raised by the seller.

In this last sphere, and only in this sphere, monetary relations are market. And it is this part of monetary relations that represents the area of activity of credit institutions (CO), which is called differently: money market, loan capital market, financial market.

In the strict sense of the word, this market includes the market for domestic money and the market foreign currencies. In practice, it also includes the precious metals market and the valuable papers. Each of these markets can be subdivided into narrower parts.

The economic laws of the division of labor and the economy of working time have led to the fact that for the implementation of specific groups of monetary relations in society, historically, special organizational and economic structures have emerged that, specializing in certain relations, achieve their most effective implementation.

The budget and taxes gradually began to be dealt with exclusively by state bodies. As for market monetary relations, they mainly constitute the traditional sphere of activity of market economic entities - banks and non-bank credit organizations(the so-called other CIs that are not banks).

The latter include:

Stock and currency exchanges;

Insurance and financial companies;

Non-bank deposit and credit organizations;

Collection organizations;

Clearing organizations (chambers, centers);

Investment, pension and charitable funds;

Brokerage, dealer, leasing and factoring firms;

Credit consumer cooperatives, credit unions, societies and partnerships, mutual aid funds;

Pawnshops.

So, banks and non-bank credit organizations (NCOs) are united and at the same time distinguish from all other subjects of the economy and entrepreneurship by one quality - their specialization in market monetary relations (operations). But what makes them different?

The market economy includes the market for the means of production, the market for consumer goods, the market for services, the financial market, the labor market, etc. The main actors in all these markets are two large classes of economic entities: manufacturing enterprises and business organizations that are not enterprises. Both have a more or less pronounced specialization.

Enterprises have mainly sectoral specialization (by types of products of material production). As for their participation in the circulation process, it can either be limited to actions in the wholesale market (mandatory component), or even reach the retail trade of their product on their own.

The remaining economic organizations conduct their main activities in the sphere of circulation. This does not mean that they do not produce anything. But their main function is to create conditions for bringing the benefits created in material production to final consumption, to serve, to mediate the process of commodity exchange, which involves the fulfillment of many diverse specific tasks, without which public economy cannot function. Because of this, organizations in the sphere of circulation are forced to functionally specialize.

The latter fully applies to credit institutions. Responsible to a certain extent for ensuring the financial and credit side social production and reproduction by market means, they must in one way or another “share duties” among themselves. They are forced to do this: 1) an extremely wide range of market monetary transactions; 2) limited opportunities (material, financial, personnel, etc.) of any individual organization; 3) legislative restrictions on engaging in certain types of activities, as well as restrictions imposed on market participants by the forces of competition; 4) the initial substantive difference between banks and NCOs.

The first three reasons are clear enough, but the fourth should be said in particular. The fact is that there are at least two features that significantly distinguish banks from any non-commercial organizations that put banks in a special position.

Banks- logically primary, origin in the sphere of the financial market, while other KOs are a secondary, derivative link. In order to be primary in relation to other KOs, banks must interact with them in a certain way, enter into certain economic and other relations with them. What are these links that put banks in the position of the primary link?

It, firstly, the ability of banks and only banks, starting from the central one, to issue money into circulation and withdraw money from it, i.e. supply the economic turnover with a greater or lesser amount of means of payment and thereby regulate the amount of money in circulation (the formation of means of payment, their release into circulation and withdrawal from circulation); Secondly, the primary nature of money in relation to all financial instruments, including securities, with which both enterprises and NCOs mainly work; third, servicing non-banking CBs in banks on a par with other clients. Taken together, all this leads to the fact that the quantitative and qualitative restrictions on the work of other CIs with money and their derivatives, the very technology of their activities are largely set by banks.

Banks - main, main link financial market, i.e. only they are able to implement in their activities a complete set of market monetary relations (operations). That is, banks by definition are financial institutions focused on versatility activities in their field. Unlike them, other KOs always remain highly specialized, i.e. each such organization operates in a limited number of segments of the financial market.

This does not mean that any bank at any given moment of time actually conducts the whole gamut of inherent financial market operations. It's about something else - that he has the right to do this (unlike an NPO) and should be ready for this if market conditions are favorable and / or if clients need it. In reality, banks usually find a compromise solution: they deal with some operations as a subject of their specialization, i.e. constantly and as widely as possible (and the list of such operations does not remain unchanged), others are less involved (only in order not to leave the market completely or only according to the requirements of individual clients), others are not involved at all, but they are preparing for them or are ready to join in their implementation when necessary or when favorable conditions arise. This takes into account how economic expediency and a measure of the banks' own readiness to conduct certain operations, as well as the competitive capabilities of NPOs operating in the respective markets.

So, banks by definition are (may be) financial institutions of a universal nature. But no NPO has the quality of universality.

At the same time, many operations related to banking (settlement, cash, credit, securities, trust management, storage of valuables, etc.) are performed and must be performed (with appropriate permission, if necessary) not only by banks, but and other KOs, and to a certain extent even just enterprises.

However, there are operations that can and should be performed by banks and only they. Their exclusive prerogative referred to above has been generally referred to as formation of means of payment, their release into circulation and withdrawal from circulation. At the same time, it is important to keep in mind that ensuring the circulation of means of payment is not a separate area of activity for banks, but implies an internal inseparable connection with deposit, settlement and payment, credit, cash and other operations. Taking into account this consideration, it can be argued that the specified exclusive prerogative of banks is specifically implemented in the following groups of operations:

1) acceptance of money in deposits (deposits) from legal and individuals;

2) issuance of cash loans to legal entities and individuals (appearance of new credit money);

3) collection of money, bills, payment and settlement documents and cash service physical and legal entities;

4) purchase and sale of foreign currencies.

The listed operations are decisive, determining the very nature of banks, since their holding means a decrease or increase money supply in circulation.

One important circumstance should be noted here. It is known that they accept money from their clients and give them loans and other KOs. But banking services in this regard, it has a deep specificity, which consists in the fact that bank customers have the right to dispose of the money that they deposited into bank accounts (except for deposit accounts), i.e. send money, pay your obligations and purchases from the specified accounts, etc. On the contrary, almost all typical NPOs (except for exchanges, clearing houses and some others) themselves act as the manager of the accepted money. Thus, only banks and these exceptions from the number of NPOs serve persons who remain not only owners, but also managers of their money. This function in banking is known as settlement and payment services. Therefore, to the number of operations carried out by banks or predominantly by banks, we can add:

5) opening and maintaining bank accounts of individuals and legal entities;

6) making settlements and payments on behalf of individuals and legal entities from their bank accounts.

These two groups of operations do not directly affect the amount of money in circulation, but they also constitute the nature of banks.

Besides, only banks can:

7) attract deposits and place precious metals on its own behalf;

8) issue bank guarantees.

These are the most fundamental characteristics that determine the economic "coordinates" of banks. However, for real banking practice, only they are not enough. In this regard, it is necessary to refer to how the legislator interprets banks.

In Federal Law No. 17-FZ of February 3, 1996 “ ” 1 (Articles 1, 5, 6) the following major provisions are enshrined.

1. The bank (and any KO) must be a commercial organization, i.e. such, the main purpose of which should be profit and its distribution among the participants (shareholders or shareholders).

2. A bank (and any CI) is recognized as such and is entitled to act only if it is registered as a legal entity and has a license obtained from the Bank of Russia.

3. A bank (and any KO) can be created by one or more persons and function:

– on the basis of any of the forms of ownership specified in Civil Code of the Russian Federation(hereinafter also Civil Code of the Russian Federation or GC), i.e. on the basis of either state (federal and / or subject of the Federation), or municipal, or private (individual and / or common, which may be either shared or joint), or another form of ownership. “Other” forms of ownership can be classified as cooperative and mixed. The latter means a combination of different basic forms property (for example, Sberbank of the Russian Federation is public-private);

– only in the form of a business entity, i.e. in one of the following legal forms: joint-stock company (JSC), limited liability company (LLC), additional liability company (ALC).

4. The Bank (and any CI) can and must systematically carry out banking operations provided for in the Law and his (her) personal license (licenses).

5. Every bank (but only a bank) is obliged to systematically carry out for its customers at least the following 3 groups banking operations in their totality (at the same time):

Opening and maintenance of bank accounts;

Attracting deposits (deposits) of money;

Placement of borrowed and own funds on your own behalf and at your own risk on the terms of repayment, payment, urgency, i.e. issuance of cash loans.

6. Banks (and NCOs) must conduct banking operations in accordance with the rules, forms and standards established by the Bank of Russia. At the same time, Art. 31 of the Law allows some exceptions to this requirement when credit institutions conduct settlement and payment transactions. This means that in the absence of rules established by the Bank of Russia, CIs can carry out such operations by agreement among themselves, and if these are international operations, in the manner established in federal laws, and according to the rules adopted in international banking practice.

7. NBCOs licensed by the Bank of Russia may conduct certain banking operations (including certain operations listed above in paragraph 5) provided for in the Law and their licenses (the lists of operations permitted by them are individual to the extent that these organizations are focused on different types activities). Actually banking operations (for example, money lending) for these organizations are not the main and regular type of activity.

8. Any bank (and NBCO, if its license allows it to do so) may, when it is of interest to the bank (credit institution) itself and required by the client, conduct financial transactions referred to in the Law as “other transactions of a credit institution”. The term was intended to emphasize that it refers to financial and economic, as well as legal actions, which only KOs can deal with on an ongoing basis. That is, the conduct of these operations (transactions) can normally be considered the exclusive right of credit institutions (taking into account the fact that occasionally such transactions can be made by any legal entities and individuals).

9. Any bank and any NPO, regardless of their licenses (i.e. not considered in their specific capacity financial institutions, but simply as ordinary business units) is entitled to carry out any economic operations (transactions) permitted by the legislation of the country, with the exception of operations (transactions) that mean conducting production, trade and insurance activities on an ongoing basis.

True, the provisions of the Law listed here are not fully adequate to the fundamental economic characteristics bank and the needs of real banking practice, but here we will not consider this side of the problem.

In any case, it is necessary to proceed from the fact that the operations (transactions) that banks can carry out are divided into 3 circles, “inscribed” one into the other:

♦ first, central – operations allowed only for banks;

♦ second, medium – operations allowed only for credit institutions (ie both banks and other CIs);

♦ third, external - any operations that KOs can carry out along with other business entities based on the rules Civil Code of the Russian Federation.

Specific for banks as special financial institutions are operations (transactions) that make up the named first circle and partially - the second circle. They can be called exceptional operations, bearing in mind that banks conduct these operations on the basis of their exclusive right.

1.2. Banking system: structure, functions in the economy, quality

Elements and levels banking system

Article 2 of the Law “ About banks and banking activities” (hereinafter also referred to as the Banking Law) begins with the following part: “ The banking system of the Russian Federation includes the Bank of Russia, credit institutions, as well as branches and representative offices of foreign banks". This formulation raises a number of questions and is in fact incorrect in a number of aspects.

Banking system is included in economic system country, a single and integral (interrelated, interacting) set of financial institutions, each of which performs its own special function (functions), conducts its own list of monetary transactions (transactions), as a result of which the entire volume of society's needs for banking products (services) is fully satisfied and with the highest possible degree of efficiency.

Structurally, this should be understood in such a way that the banking system should include all those and only those economic organizations that regularly perform either all or most, or at least individual banking operations (transactions), i.e. banks(central and commercial) and actual NGOs(not only those registered with the Central Bank of the Russian Federation), but as its conditional element of an infrastructural nature - supporting organizations(organizations that do not conduct banking operations themselves, but ensure the activities of banks and other KOs: “ trading platforms”, audit firms for banks, credit bureaus, organizations that determine the ratings of banks, provide them with special equipment and materials, information, specialists, agencies that advise bank clients, ensure the return of overdue debts to banks, etc.).

This can be represented schematically as follows.

Scheme 1.1. Structure of the banking system

Therefore, the banking system of Russia includes (excluding auxiliary organizations):

♦ Bank of Russia;

♦ Deposit Insurance Agency (DIA) 2 as an element of the top level of the banking system (in terms of its organizational and legal form, the agency is a state corporation);

♦ domestic commercial banks and NCOs;

♦ branches and other territorially remote subdivisions (except representative offices) of domestic commercial banks and NPOs in the territory of the Russian Federation;

♦ foreign branches of domestic commercial banks and NCOs;

♦ Russian foreign banks and their branches abroad;

♦ Subsidiary banks (and NCOs) of foreign banks (and NCOs) operating in Russia, as well as branches of these subsidiaries in the Russian Federation;

An important question about levels banking system. The totality of banks and other CIs operating in the country may have one or two levels of organization. One level, first, upper - the central bank (sometimes this level may include some other elements), another level, second, lower, basic - commercial banks and other KOs (non-banking). There are no other fundamental options. A developed banking system as an element of a market economy should and can only be two-level.

Often there are proposals to design a banking system that would include more levels. These proposals are erroneous, but they uniquely reflect some objective reality, namely the complex structural organization of each of the named levels, especially the second, lower one.

Firstly, as has already been shown, this level includes at least two large blocks - commercial banks and other KOs (and if we count auxiliary organizations, then three blocks). All organizations included in these blocks are commercial, are on the same level logically and in fact (in terms of legal status and economic functions performed). Consequently, all the elements of the lower tier of the banking system, with all the differences between them, occupy the same level by and large, since, on the one hand, they do not depend on each other, are equal, of the same order within the law, can coordinate their actions on the principle of coordination or compete; on the other hand, all of them must equally be subject to the control and regulation of the central bank (and other top-level links, if any in the country), with which they are in a relationship of subordination.

Secondly, each of the blocks also has a rather complex structure and is divided into multi-element sublevels. So, commercial banks can and should (for one purpose or another) be classified into various types based on different criteria (features). For example, according to the criterion forms of ownership banks should be divided into four types: state; private; cooperative; mixed. And none of these types, including state banks (here we do not mean, of course, central), can claim the status of a special level of the banking system along with the two levels mentioned above.

Thus, the banking system consists of four elements(from three elements - without auxiliary organizations), which are grouped into two levels. And every level(including top) , each basic element of the system has a complex internal structure.

The textbook reveals the essence of banks, banking activities, the structure and role of the banking system, the general foundations and structure of banking management, banking operations, the risks of banking activities, the legal foundations of a bank in Russia. The topics included in the book cover almost the entire range of problems, without knowledge of which today's student will not be able to work productively in a bank, implementing the policy of its management within the framework of the requirements of laws and other regulatory provisions. Problems are also touched upon, the solution of which falls within the competence of the top management of banks. The publication also includes a dictionary of basic terms, a list of regulations and recommended literature.

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You can pay for your order using one of the following methods:

Cashless way:
- bank card: All form fields must be completed. Some banks ask you to confirm the payment - for this, an SMS code will be sent to your phone number.
- Online banking: banks cooperating with the payment service will offer their own form to fill out. Please enter the correct data in all fields.
  For example, for " class="text-primary">Sberbank Online mobile phone number and email required. For " class="text-primary">Alpha Bank you will need a login in the Alfa-Click service and email.
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Step 1. Choose books in the catalog and click the "Buy" button;

Step 2. Go to the "Basket" section;

Step 3. Specify the required quantity, fill in the data in the Recipient and Delivery blocks;

Step 4. Click the "Proceed to payment" button.

At the moment, it is possible to purchase printed books, electronic accesses or books as a gift to the library on the ELS website only with 100% advance payment. After payment, you will be given access to the full text of the textbook within the Digital Library or we will start preparing an order for you at the printing house.

You can pay for your order using one of the following methods:

Cashless way:
- Bank card: you must fill in all fields of the form. Some banks ask you to confirm the payment - for this, an SMS code will be sent to your phone number.
- Online banking: banks cooperating with the payment service will offer their own form to fill out. Please enter the correct data in all fields.
  For example, for " class="text-primary">Sberbank Online mobile phone number and email required. For " class="text-primary">Alpha Bank you will need a login in the Alfa-Click service and email.
- Electronic wallet: if you have a Yandex wallet or Qiwi Wallet, you can pay for the order through them. To do this, select the appropriate payment method and fill in the proposed fields, then the system will redirect you to the page to confirm the invoice.

AT study guide highlights the main issues that reveal the nature of credit institutions and the banking system, the management of the banking system (sector) as a whole and separately taken commercial bank in the most important areas of their formation and functioning. The book in a concise form provides a set of modern knowledge necessary for everyone who studies the theory and practice of banking and its management in Russia. For students economic universities and faculties, teachers economic disciplines, as well as all those who independently study the organization and management of banking activities in the country, including managers and employees of financial and economic services of enterprises and organizations in the real sector of the economy, seeking to increase the efficiency of interaction between their enterprises and organizations with commercial banks.

Chapter 4. CREATING A COMMERCIAL BANK

4.1. The concept and stages of bank creation

Legislative and regulatory framework

The fundamental norms governing the process of creating a commercial bank are contained in Civil Code(Chapter 4, § 2), laws No. 208-FZ of December 26, 1995 “ About joint-stock companies Oh”, No. 14-FZ of February 8, 1998 “ ”, “”.

In the last of these laws (Article 1) there is an entry: “ A credit organization is formed on the basis of any form of ownership as a business entity". to business companies in GC included: limited liability company (LLC), additional liability company (ALC), joint-stock company (JSC). Thus, banks can be created and operate in any of the listed organizational and legal forms.

Law " About Joint Stock Companies” (Article 1) contains the rule: “ Features of the creation and legal status of joint-stock companies in the areas of banking, investment and insurance activities are determined in federal laws". A similar formula for LLC is available in Art. 1 of the Law " About limited liability companies". Similar formulas were introduced in GC(Articles 87 and 96). Thus, in all general matters of creation and subsequent functioning, banks are subject to the norms of general laws ( GC, laws of JSC and LLC), but when it comes to the specifics of their organization and activities, special banking laws take precedence. Among the latter is the Law O central bank Russian Federation ”, in accordance with which the Bank of Russia is entitled to issue mandatory for all CB regulations. Using this right, the Central Bank of the Russian Federation determined that in Russia, FOs are formed in all of the GCthree forms- JSC, LLC, ODO (clause 1.1 of Instructions of the Central Bank No. 109-I dated January 14, 2004 “ ”).

The fundamental provisions relating to the establishment of a new bank are fixed in articles 10-17 of the Law “ About banks and banking activities". We present (abbreviated) only two of them.

Normative base quite extensive and includes more than a dozen of the main regulatory acts of the Bank of Russia in this aspect.

Primary requirements

Setting up a bank requires much more work and skill than setting up any other commercial organization.

The procedure for creating a bank includes three milestones: I- stage preparatory work; II- the stage of state registration of the bank as a legal entity; III– the stage of obtaining a license (the right to conduct banking operations).

The last two stages involve the passage of a two-stage procedure: consideration and approval of the prepared documents for the creation of a bank in the TS of the Central Bank at the proposed location of the future bank (its head office) and consideration of the same documents with the conclusion of the TS attached to them in the central office of the Bank of Russia. At the same time, the authorized registering body also participates in the registration (the functions of such body are entrusted to the tax service).

Formally, the first legal step in the creation of a bank is considered to be the signing by the initiators (founders) of the memorandum of association. In fact, everything starts earlier, and the signing of the memorandum of association marks the end of much preliminary work.

The center of the preparatory work should be the development of the concept of creating a bank. Its content can be interpreted quite freely, but it should reflect the following fundamental points, about which the initiators should develop consensus:

a) mission and strategy for the future activities of the bank;

b) the size and structure of the authorized capital (MC), requirements for the founders and other participants (included in the number of participants in the future);

c) the objectives of the activity, its scope and priority areas, client base;

d) organizational structure, governing bodies, their powers, basic requirements for the organization of management.

In fact, the formation of a bank begins with a careful selection of its founders who are ready to take on such responsibility. It is necessary to avoid the appearance of random persons among them. Requirements, with which it is necessary to approach potential founders (participants) of the bank, should be derived from its projected strategy. In other words, the main elements of the strategy for the future activities of the bank, at least in general terms, should be developed by like-minded people - the initiators of its creation, before negotiations begin with certain persons (legal entities and individuals) to involve them in the number of founders (participants). In conditions modern Russia increased attention to the composition and quality of participants can be considered quite justified.

Requirements for founders (participants) can be divided into three groups - general, quantitative and qualitative. To the number general requirements can include the following:

♦ the bank's founders may be persons (legal entities and individuals) whose participation in credit institutions is not prohibited by law;

♦ a legal entity - a debtor to the budget cannot be a founder.

At the regulatory level, the procedure and criteria for assessing the financial position of legal entities - founders (new participants) of a bank, including groups of related legal entities, are quite strictly regulated. If the founders (new participants) of the bank are federal authorities executive power, public authorities of the constituent entities of the Russian Federation, local governments or state unitary enterprises and state institutions, then in this case special requirements apply;

♦ The founders do not have the right to withdraw from the membership of the bank during the first three years from the date of its registration (ie, fully or partially withdraw their share from the Bank's MC).

Quantitative Requirements relate to the total number of founders (participants) and their shares in the bank's capital. The number should be small, for starters, no more than 5-6, and later, if there is a need to increase capital, up to 30 persons (the legislator did not limit the number of participants in a joint-stock company, but set such a limit for an LLC - no more than 50). At the same time, it is desirable that the share of each of them in the management company is small and does not differ much from the shares of other founders or participants (there is no such restriction in the law or regulations of the Bank of Russia).

Quality Requirements can be divided into two subgroups. To first subgroup the following of them can be attributed (not all of them are indicated in the documents of the Central Bank):

1. All founders must be financially stable, have sufficient own funds to contribute to the Bank's Criminal Code, fulfill all obligations to the budgets. For legal entities, the relevant data must be confirmed by balance sheets and other reporting documents.

It is important that the Bank of Russia (its TS) recognizes all funds contributed to the bank's UK as assets received from proper sources (on this account there is Article 72 of the Law on the Central Bank, as well as the regulations of the Central Bank itself). The goal is simple - so that banks do not artificially “inflate” the size of their capital.

2. All founders must inspire complete confidence, be distinguished by high commitment in business, i.e. ability and readiness, desire to fulfill their obligations on time, qualitatively and in full.

3. Funds of all founders (own) must be “clean”.

4. It is desirable that the founders - legal entities represent different industries and sectors of the economy, including sectors of the financial market.

5. All founders of the bank, both legal entities and individuals, must agree with its strategy and actively contribute to its implementation.

Second subgroup quality requirements continues the previous one and may include, in particular, the following provisions:

♦ it is necessary that all the founders (participants) of the bank be among its clients (the total number of which must be greater). It is desirable that the counterparties of the founders (participants) for economic relations become its clients;

♦ none of the founders (participants) should enjoy any exclusive rights or benefits that could damage the stability of the bank, and the board of the bank's owners should not interfere in its operational activities, try to replace the board.

Perhaps the only issue that the founders do not have to think about is the question of the minimum required value of the authorized capital of the bank being created. The value of the "entry barrier" to the market banking services specified in the documents of the Bank of Russia and is not less than the equivalent of 5 million euros. Since the beginning of 2002, this requirement has equally applied to both a newly established domestic bank, including one established by changing the status of an NPO to a banking status, and to a subsidiary bank of a foreign bank created in the Russian Federation.

In this way, central bank not only equalized in this aspect domestic and foreign banks, but by raising the “bar” minimally required size The UK for Russian banks immediately 5 times, has sharply limited and is increasingly limiting the possibility of new domestic banks.

The ruble equivalent of the said amount is determined by the Bank of Russia on a quarterly basis based on the euro/ruble exchange rate set by the Central Bank of the Russian Federation as of the last business day of the last month of the previous quarter. The named amount has changed in recent years as follows (Table 4.1).

Table 4.1

Ruble equivalent of the minimum authorized capital required to establish a bank

Starting from 2008, it became possible to create (including by merging) banks, which, from the very beginning of their occurrence or from the date of registration of which less than two years have passed, may be given the right to attract cash deposits from individuals (parts 3 and 4 of article 36 of the Law “ About banks and banking activities”, as well as clauses 4.1, 7.2, 8.1, 8.2, 8.4; 13.2, 13.4, 14.4, 14.6, 14.7 Instructions of the Central Bank No. 109-I of 14.01.2004 “ 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”). For such banks, a separate incredibly high “bar” is set for the minimum size of the authorized capital (for already operating banks - equity capital) - not less than the ruble equivalent of 100 million euros, which in the first quarter of 2008 amounted to 3,594,100,000 rubles. (Letter of the Central Bank of the Russian Federation No. 22-T dated March 11, 2008)

Work on the selection of the founders of the bank, preparation required documents, it is advisable to entrust the registration itself to a small organizational group of 3-5 people, who then, if desired, can become employees of the bank being created.

Preparation of basic documents

After the composition of the founders has been determined and they have found a proper understanding on the above fundamental issues, the working group led by the initiating founders should focus on preparing a package of documents necessary for registration and licensing of the future bank. The main documents are founding documents created economic society.

In accordance with Civil Code of the Russian Federation the constituent documents of an LLC are the memorandum of association and the charter (or only the charter, if the LLC is created by one person). founding document JSC serves as a charter; the founders of a joint stock company must also conclude an agreement between themselves on the establishment of a joint stock company.

AT memorandum of association bank in the form of LLC ( agreement on the establishment of a bank in the form of AO) must be defined:

The obligation of the founders to establish a bank;

The order of joint activities for its creation;

The composition of the founders, the conditions for their transfer to the bank of part of their property and participation in its activities;

The size of the authorized capital, the size of the share of each founder in the UK;

The amount and composition of contributions, the procedure and terms for their introduction into the Criminal Code;

Information on the composition and competence of the bank's management bodies and the procedure for making decisions by them;

Conditions and procedure for distribution between the founders (participants) of profit;

The procedure for the withdrawal of founders (participants) from its composition (for LLC);

Other issues regulated by federal laws.

The memorandum of association must be signed by all founders. The location, postal address and Bank details(for a founder that is a credit institution, the bank identification code and the number of the correspondent account in the settlement and cash center of the Bank of Russia). Signatures of representatives of the founders - legal entities must be certified by the seals of the respective legal entities. Signatures of individuals are certified by a notary; it certifies the document as a whole.

The approval of the bank's founding agreement during its creation (as in the case of an increase in the number of participants) is carried out in a manner similar to the procedure for agreeing on the bank's charter.

If the contributions of the founders themselves cover only a part of the Criminal Code declared by them, then the contract specifies the conditions under which it is supposed to involve other participants in the bank. In this case, the agreement is supplemented by subscription lists in which the participants announce their decision to pay the full share within a certain time. However, when a joint-stock bank is established, the entire authorized capital must immediately be distributed among the founders (payment for shares - at their nominal value). If the bank is created in the form of an open JSC, then its founders will need to properly register the first issue of the bank's shares.

After the signing of the founding agreement (an agreement on the establishment of a bank), the cash settlement center (RCC) of the Bank of Russia opens to the founders temporary (accumulative) current account, to which, before the constituent assembly, they contribute (transfer) at least 10% of the nominal value of the shares of the management company, which they undertook to make as contributions. The basis for opening an account is the memorandum of association (an agreement on the establishment of a bank), and the basis for transferring funds to a savings account is subscription lists. Each founder must contribute money on their own.

It is advisable to deposit all the amounts due from the founders at once to the savings account, i.e. immediately form the Criminal Code in full. This will distract the founders' money from their turnover for some time, but it will shorten the organizational period and allow the bank to start working sooner. But such an approach justifies itself if all the documents necessary for the creation of a bank are well worked out, which gives hope for its registration as soon as possible.

When depositing money into a savings account, one should not forget that it is forbidden to transfer funds for another founder and transfer them from the current, and not from the current accounts of each founder - a legal entity. Otherwise, the RCC will not accept this money, which long time may delay the registration of the bank through the fault of the founders themselves.

The memorandum of association (an agreement on the establishment of a bank) must also contain other important decisions. For example, a management company can be partially or even completely formed at the expense of foreign currencies(currency from their current foreign currency accounts is deposited by the founders - residents of the Russian Federation, and if these residents are credit institutions - from correspondent accounts in other banks). In this case, the contract should indicate which currencies will be accepted as payment for capital (there is a closed list of currencies that the Central Bank allows to accept as a contribution to the UK), at what rate the contributed currency is valued or, what is the same, what is the ruble and currency the value of the share of the management company (this is determined by the meeting of founders). To enroll incoming from the founders currency funds you should open a correspondent account with Vneshtorgbank or Sberbank of Russia. The founders can pay their shares in the capital in cash by depositing the appropriate amounts into the cash desk of any Russian bank who has the right to work with currencies, subject to the subsequent transfer of the indicated amounts to the account of the future bank opened with Vneshtorgbank or Sberbank. If among the founders there are non-resident, then he is also entitled to pay his contribution to the MC from his foreign currency account in another bank, having previously received the necessary permission from the Bank of Russia15.

The requirements of the Bank of Russia regarding non-monetary forms contributions to the UK. The main of these requirements are as follows.

1. Property, the right to dispose of which is limited in accordance with federal law or previously concluded agreements, cannot be a contribution to the Bank's Criminal Code.

2. The property entered into the Bank's Criminal Code in accordance with the established procedure becomes its property.

3. Contributions to the MC can be made in the form of ruble and foreign currency funds, as well as non-monetary assets.

4. K non-monetary assets in this case are tangible assets.

5. Under tangible assets refers to the buildings (premises) in which the bank will be located.

6. If tangible assets are included in the Bank's CC, documents confirming the right of the founders to include them in the CC must be submitted. Tangible assets must be valued and reflected in the bank's balance sheet in rubles. The monetary value of tangible assets is approved by: for LLC (ODO) - general meeting founders, for joint-stock companies - the board of directors. In cases stipulated by federal laws, tangible assets are valued by an independent appraiser.

7. The standard (upper limit) of the non-monetary part of the charter capital of the newly created bank is 20%. This standard should not be violated in the future with an increase in the Criminal Code of the operating bank.

Special requirements apply to building where the bank will be located. First, this requirement concerns the ownership of the building. It can be transferred (in whole or in part) by the founders to the ownership of the bank as payment for a share (stakes) in the authorized capital or for rent (sublease). The bank may also plan to be located in a building (premises) that it leases (subleases) from a person who is not its founder. Secondly, the building (premises) of the bank (its division), in which transactions with valuables will be carried out, must have a reliable security and fire and alarm signaling, and for conducting cash transactions - a cash node, technically reinforced in accordance with special requirements.

Finally, questions need to be answered correctly. ownership structures in created bank. The following basic requirements apply in this part.

1. If one legal or natural person, or a group of legal and / or natural persons, linked by an agreement, or a group of legal entities that are subsidiaries or dependents of each other (Articles 105 and 107 Civil Code of the Russian Federation), intend to acquire more than 5% of the shares of the bank's management company, they must notify the Bank of Russia in advance, and if it is a question of acquiring more than 20% of the shares of the management company, they must first obtain its consent for this, for which an application of the established content.

2. The TC of the Bank of Russia is considering the possibility of granting the requested preliminary consent on the basis of a whole package of documents attached to the application, among which is the conclusion of the federal antimonopoly body on compliance with antimonopoly rules.

3. Based on the results of consideration of the named documents and taking into account the financial situation of the applicant for technical specifications, the Central Bank informs him in writing of his consent or refusal.

The next step is to carry out constituent assembly. The final document of such a meeting - protocol- must contain a number of binding decisions:

1) on the establishment of a bank (the decision must be unanimous);

2) on approval of the names of the bank. The founders, even before signing the foundation agreement (creation agreement), must first coordinate with the Bank of Russia the proposed names (full and abbreviated) of the bank;

3) on approval of the charter of the bank;

4) on the election of the council of the bank and its chairman (separately - the minutes of the meeting of the council with the decision to elect the chairman of the council);

5) on approval of candidates for appointment to the positions of heads of executive bodies, chief accountant of the bank and his deputies;

6) on approval of the business plan of the bank.

The business plan should be such that the Bank of Russia has the opportunity to assess: a) whether the organization being created meets the requirements for banks; b) whether the bank will be able to maintain financial stability and comply with prudential performance standards, mandatory reserve requirements, taking into account the possible influence on its activities of interdependent founders and their groups (meaning persons capable of directly or indirectly determining decisions made by the founders of the bank); c) how adequate are the bank's management bodies to the risks that await it.

Here we have to be guided by the Directive of the Central Bank No. 1176-U of July 5, 2002 “ About business plans of credit organizations” (including all appendices to it). In accordance with this Direction, again bank being created must also submit:

Your settlement balance for the first 2 years of activity (with a breakdown of individual items of such a balance sheet, including the future structure of assets and liabilities);

A plan of income, expenses and profits, also for 2 years of activity (and also with detailed breakdowns);

Indicators of the bank's compliance with mandatory standards in the same upcoming 2 years of operation. It is clear that, at least in relation to a new bank, such requirements are unrealistic;

End of introductory segment.

2nd ed., revised. and additional - M.: 2005. - 671 p.

The second edition of the textbook (1st edition - 2001), prepared taking into account the latest legal and organizational changes in the banking system of the Russian Federation, highlights the most important issues that reveal the nature of banks, other credit organizations and the banking system, the management of the banking system as a whole and by a single commercial bank in all significant areas of their formation and functioning, the technologies for conducting banking financial transactions and the technologies for managing the relevant divisions of the bank are outlined.

For students, graduate students and teachers of economic universities, employees of the banking sector, as well as everyone who independently studies the organization and management of banking activities in the country.

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TABLE OF CONTENTS
INTRODUCTION 3
Textbook authors 6
Section I. GENERAL ISSUES OF THE ORGANIZATION OF THE ACTIVITIES OF BANKS 7
Part 1. BANKS AND THE BANKING SYSTEM: NATURE, STRUCTURE, BASIS OF MANAGEMENT 8
Chapter 1. BANK, BANKING, BANKING SYSTEM 8
1.1. Banks and other credit organizations: fundamental characteristics 8
1.2. Banking system: structure, functions, quality 16
1.3. Central banks: emergence, development, role in the economy and the banking system 30
1.4. Bank of Russia, its competence and structure. Bodies and institutions of the Bank of Russia and their powers 36
Chapter 2. GENERAL BANKING MANAGEMENT 56
2.1. Basic concepts of management 56
2.2. Banking management and its levels 60
2.3. Quality of banking management 65
Chapter 3. MANAGEMENT OF THE FUNCTIONING AND DEVELOPMENT OF THE BANKING SYSTEM 71
3.1. Russian banking law 71
3.2. The legislative framework and tools for managing the banking sector as a whole 75
3.3. Topical issues of the formation of the banking system 80
Part 2. BANK AS A COMMERCIAL ORGANIZATION AND EXTERNAL MANAGEMENT OF ITS ACTIVITIES 94
Chapter 4. CREATING A COMMERCIAL BANK 94
4.1. Concept and stages of bank creation 94
4.2. Bank Registration and Licensing: Regulatory Requirements and Procedures 107
4.3. Peculiarities of registration and licensing of banks with capital of non-residents 111
4.4. The role of foreign capital in the Russian banking sector 114
4.5. Licenses of a newly created and operating bank. 120
4.6. Choosing the legal form of the bank 124
Chapter 5. RESOURCES AND CAPITAL OF A COMMERCIAL BANK 126
5.1. Banking resources: concept and structure 126
5.2. Authorized capital banks and borrowed funds 127
5.3. Total (own) capital of the bank 130
Chapter 6. OPERATIONS (TRANSACTIONS), RISKS AND RELIABILITY OF A COMMERCIAL BANK 134
6.1. Passive bank operations: a general concept 134
6.2. Formation of the bank's own capital 134
6.3. Attraction of bank deposits and deposits 150
6.4. Other ways to attract Money 164
6.5. Active bank operations 166
6.6. Banking risks: concept, classification, calculation methods, management 172
6.7. Bank reliability: concept, determinants, indicators and management 182
Chapter 7. MAIN PURPOSE OF THE BANK'S COMMERCIAL ACTIVITIES 187
7.1. Bank income and its regulation 187
7.2. Bank expenses and their regulation 188
7.3. Bank profit: formation and use. Profitability indicators of the bank 194
Chapter 8. LEGAL FRAMEWORK FOR THE BANK'S ACTIVITIES IN RUSSIA 200
8.1. Legislative framework for the activities of a commercial bank 200
8.2. Contractual basis for the activities of banks 205
8.3. Banking secrecy and its protection 206
Chapter 9. EXTERNAL MANAGEMENT OF THE CURRENT ACTIVITIES OF THE BANK 211
9.1. Supervision and regulation of the activity of an individual bank: initial provisions 211
9.2. Supervision of banks and its organization 214
9.3. External regulation of the activities of an individual bank 2389
Part 3. INTERNAL MANAGEMENT OF A COMMERCIAL BANK 244
Chapter 10. BANK MANAGEMENT: CONTENT AND TOOLS 244
10.1. Features of banking activities in modern Russia 244
10.2. Objects inside banking management 246
10.3. Special principles of banking management 247
10.4. The quality of banks' management of their activities 247
10.5. Professional requirements for a bank manager 256
Chapter 11. ORGANIZATION OF ANALYTICAL WORK IN THE BANK 258
11.1. Bank marketing: essence and technologies: 258
11.2. The financial analysis bank, its goals and methods 269
Chapter 12. PLANNING IS THE MAIN TASK OF THE BANK'S TOP MANAGEMENT 279
12.1. Introductory remarks 279
12.2. Planning and its role in the activities of the bank 280
12.3. Organization of planning in the bank 284
Chapter 13. ORGANIZATION OF OPERATIONAL MANAGEMENT OF THE ACTIVITIES OF THE BANK 295
13.1. Principles and methods of management and their application 295
13.2. Organizational structure of the bank and its management structure 297
13.3. Procedure for opening and closing bank branches 302
13.4. Bank management structures 310
Chapter 14. ORGANIZATION OF INTERNAL BANK CONTROL 317
14.1. Bank's internal control system 317
14.2. Organization of internal control: version of the Central Bank 326
Chapter 15. REORGANIZATION OF A COMMERCIAL BANK 336
15.1. To the concept of bank reorganization 336
15.2. Criteria for the need to reorganize the bank and the procedure for presenting a claim to it 340
15.3. Bank affiliation and bank mergers: procedures and issues 342
15.4. Other forms of bank reorganization 356
Chapter 16. RENEWAL OF A COMMERCIAL BANK 358
16.1. Criteria for the need to reorganize the bank and the procedure for presenting a request to it 358
16.2. Bank financial recovery plan 362

Section II. FINANCIAL AND MANAGEMENT TECHNOLOGIES OF THE BANK'S OPERATIONS 376
Part 1. ORGANIZATION OF INTERBANK RELATIONS 377
Chapter 17. RELATIONSHIPS WITH CENTRAL BANKING INSTITUTIONS 377
17.1. Organization of contractual relations with institutions of the Central Bank on servicing the bank 377
17.2. Depositing funds into FOR 389
17.3. Getting loans from the Central Bank 400
17.4. Placement of available funds with the Bank of Russia 412
Chapter 18. RELATIONS WITH COMMERCIAL BANKS AND OTHER CREDIT ORGANIZATIONS 417
18.1. Correspondent relations with commercial banks: goals, technologies for establishment and development 417
18.2. Interbank market of loans and deposits and the basics of its functioning 427
18.3. Organization of interbank settlements and payments 435
18.4. Bank clearing 437
Part 2. MAIN ACTIVE OPERATIONS OF THE BANK: ORGANIZATION OF CUSTOMER SERVICE 442
Chapter 19. BANK IN THE MARKET OF SETTLEMENT AND PAYMENT AND CASH SERVICES 442
19.1. Bank settlements and payments: basic concepts 442
19.2. Types of bank payment transactions 446
19.3. Payment system and its structure in modern Russia 448
19.4. Cash payments. Cash transactions 455
19.5. Opening bank accounts 458
19.6. Accounts of legal entities: types and purpose 460
19.7. Bank account agreement 462
19.8. Technologies of settlement and payment services for clients 464
Chapter 20. BANK IN THE MARKET OF CREDITS 473
20.1. Bank loan: basic concepts 473
20.2. Bank lending: key regulatory requirements 481
20.3. Credit policy bank and mechanisms for its implementation 485
20.4. Fundamentals of technology for issuing a loan and organizing the work of the bank's credit department 488
20.5. Assessment of the financial viability and creditworthiness of the borrower 494
20.6. Price bank loan 501
20.7. Ways to ensure the repayment of loans 507
20.8. The quality of bank lending activities 513
Chapter 21. LENDING INVESTMENT PROJECTS 520
21.1. Lending investment projects and its specificity 520
21.2. Investment lending risks. 528
21.3. Changing the risks of the investment process over time 530
21.4. Investment creditworthiness of the enterprise 537
21.5. Investment project lending technology 545
Chapter 22. BANK IN THE SECURITIES MARKET 552
22.1. Activities of the bank with securities 552
22.2. Issuance by the bank of its own securities 566
22.3. Modern Russian market securities 573
Chapter 23. BANK IN THE MARKET OF CURRENCY OPERATIONS 578
23.1. Currency operations of the bank: basic concepts 578
23.2. The Bank of Russia as an organizer of the foreign exchange market 585
23.3. Main currency operations Russian banks 593

Section III. TECHNOLOGIES OF THE BANK SUPPORT SERVICES 597
Chapter 24. ACCOUNTING AND REPORTING OF A COMMERCIAL BANK. ORGANIZATION OF THE WORK OF THE BANK'S ACCOUNTING SERVICE 598
24.1. Bank Accounting and Reporting: Initial Provisions 598
24.2. Unification of accounting and reporting of banks: problems and prospects 604
24.3. Accounting and tax policy bank 618
24.4. The bank's reporting modern conditions 626
24.5. Accounting service of the bank: structure, functions, planning and organization of work 631
Chapter 25
25.1. Planning the bank's need for personnel and ways to meet it 635
25.2. Innovative potential of the bank's personnel and methods of its development 646
Bibliographic list 662