Any banking enterprise in the territory of the Russian Federation cannot begin its activities without obtaining special registration from the state. How are licensing and state registration procedures for financial institutions implemented? The answer to this question contains No. 395-1-FZ "On Banking", certain provisions of which will be discussed in detail in the article.
What is the law about?
A credit institution is usually called a person of a legal type whose main purpose is to make a profit. Earnings of finance occurs by issuing loans to users with whom a special contract has been concluded. The bank is also a credit institution. On the conditions and principles of payment, repayment, openness and urgency, banking enterprises can form and maintain accounts of individuals of a physical and legal type.
According to the considered regulatory act, licensing of banking activities in Russia is a mandatory procedure. Moreover, the licenses themselves can be of several types: for example, basic and universal. So, if in the first case we are talking about some restrictions (the inadmissibility of opening correspondent accounts, the inability to implement leasing operations, etc.), then in the case of universal type licenses, banks have much more opportunities and powers.
Credit organizations may also have a non-banking nature. In this case, licensing of banking activities will be optional, however, a number of powers of such organizations will be significantly limited.
About the banking system of the Russian Federation
Articles 2-4 of the Federal Law "On Banking" provide comprehensive information on the Russian banking system. According to the law, the general structure includes the Bank of Russia, various credit organizations, as well as branches of foreign banking enterprises. If we talk about the legal regulation of the system, then the main normative act here will, of course, be the Russian Constitution, and only then certain federal laws.
According to article 3, credit organizations are able to unite in special associations and unions. The creation of such groups is necessary in order to protect their members. Both unions and associations must also be subject to state registration.
About banking operations
What, according to Article 5 of the Federal Law under consideration, relates to a number of operations carried out by banking enterprises? Here's what to call here:
- formation and maintenance of special bank-type accounts for all categories of persons;
- issuing guarantees to banking enterprises;
- attracting the finances of certain persons in deposits;
- money transfers on behalf of various citizens;
- attracting deposits;
- cash collection transactions, bills, as well as various documents;
- making transfers without forming bank accounts.
What operations cannot be carried out by credit organizations? It is worth highlighting the trust management of finances, the issuance of guarantees for unauthorized persons, the implementation of various kinds of operations with precious metals, leasing operations, etc.
About state registration
Article 12 No. 395-1-FZ refers to the state registration of credit-type organizations.Who carries out licensing of banking activities and registration? According to the law, the Central Bank of the Russian Federation registers financial enterprises in accordance with the regulatory act in question. One or another credit organization is issued a license, after which the registered company is entered into a special register of legal entities. 
It is also worth noting that a fee is charged for the registration process. Its size varies annually and depends on the region. As soon as the registration process is completed, the banking organization will be able to carry out all its legal operations.
The Central Bank of the Russian Federation is obliged to carry out a number of control and supervisory functions in relation to registered financial institutions. If the credit institution has undergone significant changes, it is necessary to report this to the CBR in a timely manner.
On banking licensing
The procedure for acquiring licenses by financial organizations is described in article 13 of the normative act in question. Licenses are still issued by the Central Bank of the Russian Federation. The issuance procedure is established by law, in particular, in the Federal Law "On the National Payment System".
Forms and types of licenses are regulated by the Russian Central Bank. There is also a special registry in which all licensed banking enterprises are registered. Such a register is subject to publication annually.
What should be indicated in the license issued to Russian banking enterprises? Here it is worth noting the banking operations that the document holder can implement, as well as the currency acceptable for the implementation of the functions. The license is not limited to any period. In case of violations, it may be seized.
Documentation required for registration
Article 14 No. 395-1-FZ refers to the documentation necessary for registering banks and licensing banking activities. Here are some things to note here:
- the charter of a banking organization - in the form of a copy or original;
- bank constituent agreement;
- a specially executed application for licensing a banking organization, providing all the necessary information about the bank (location, name, authorized capital, etc.);
- document confirming the payment of state duty;
- conclusions of auditors and accountants;
- a number of documents with which it would be possible to confirm the legitimacy of the use of sources of origin of the funds from which the enterprise was built;
- questionnaires of candidates for the positions of heads of credit-type organizations;
- documentation for assessing the business reputation of the founders of a banking enterprise.
To obtain a banking license, the Central Bank of the Russian Federation may request some other types of documentation.
On the procedure for state registration and licensing
Article 15 of the law in question describes in more detail the procedure for obtaining a state registration by a bank. As soon as all the documents listed above are submitted to the Central Bank of the Russian Federation, the candidate for a license will receive a written certificate of acceptance of the submitted documents. A little later, another notice will come - already about the review of the available documentation.
The Bank of Russia will take the appropriate decision within six months from the date of receipt of the application. Based on the review of all available documentation, the Central Bank of the Russian Federation will either accept or reject the proposal of the candidate for a license.
In what cases is the Central Bank able to legally refuse to register and obtain a license? The answer to this question is provided in article 16 of the Federal Law under consideration. Here are some things to look out for:
- Inconsistency of the nominated candidates for the position of the head of a banking organization, as well as any other employees, with qualification requirements or establishments of business reputation.Requirements are understood as the absence of a criminal record, as well as special work experience, special education, etc.
- Unsatisfactory financial position of the organization.
- Non-compliance of documents submitted to the Central Bank with the requirements established by law.
Article 16 of the Federal Law No. 395-1 provides some other phenomena that would not allow a financial institution to undergo banking licensing.
Types of Banking Licenses
Licenses issued by the Russian Central Bank may take various forms. A classic document is a license that is issued to an established banking company. It is characterized by the ability to implement bank ruble operations, attract deposits, place precious metals and perform other basic functions. 
There are also licenses to expand the banking organization. Upon receiving it, the company will have the opportunity to carry out operations with foreign currencies and foreign banks, to attract precious metals, etc. The last group of licenses is called the general. It makes it possible to implement all types of banking operations: open branches abroad, acquire shares, etc. You can obtain such a license only two years after registration.