There are several structures in the domestic financial market. The largest of them - non-bank credit organizations (NPOs). What is it and what functions they perform, you will learn from this article.
The legal entity that carries out banking operations for the purpose of making a profit is a non-bank credit organization. The license issued by the Central Bank still imposes some restrictions on their activities. Nevertheless, the services provided by NGOs are in great demand. Next we look at them in more detail.
Types of non-bank credit organizations
DNO only four in Russia. Deposit and credit non-bank organizations can place funds of legal entities and individuals, carry out operations with foreign currency in a cashless form, trade on the securities market. They have no right to maintain accounts, make settlements, engage in collection, raise money for deposits, and work with precious metals.
Payment non-bank credit organizations can provide services for electronic money transfer. To open an account for this is not necessary. The minimum size of their authorized capital is 18 million rubles. In Russia, there are only ten. Among them are “Money.Mail.Ru”, “Moneta.ru”, “Yandex.Money”, PayPal, PayU. Some of them issue cards.
Settlement NCOs, whose share in the domestic market is 77%, can perform the widest range of operations:
- make money transfers;
- to collect payment and settlement documents;
- provide cash services;
- buy and sell foreign currency in cash and non-cash forms;
- to trade on the securities market.
In addition to the above operations, non-bank credit organizations can carry out the following transactions:
- Issue sureties in cash for third parties and acquire the rights of their claims.
- Engaged in trust management of assets of the population and legal. individuals.
- Make deals with precious metals and stones.
- To provide premises for rent, safes for storing valuables.
- Provide consulting and information services.
These are the types of non-bank credit organizations.
None of the structures has the right to:
- to attract funds and precious metals of the population for deposits;
- maintain the accounts of private clients;
- make cash transfers;
- provide bank guarantees;
According to the Federal Law "On Banks" in the domestic market also function:
1. Associations and unions that are created to protect and coordinate the interests of their clients, develop ties, meet professional and informational needs, develop recommendations for solving joint problems of credit organizations. They are forbidden to carry out banking operations. Their creation and operation is regulated by the Federal Law “On Non-Commercial Organizations” and the Central Bank of the Russian Federation.
2. Groups of NPOs that are created to solve joint tasks by signing an agreement between several structures. In such a banking group, only one organization has a direct or indirect influence on the decisions of government bodies.
3. Bank holdings - the union of legal entities, including NPOs, in which the parent organization can influence the decisions of government bodies, including in matters of reorganization and liquidation. The control unit has no right to engage in other activities other than coordinating the actions of the group. She is obliged to notify the Central Bank of the creation of the holding.
The banking system of Russia has a two-tier structure. The Central Bank is charged with regulating and adjusting the activities of NGOs and other financial organizations in the country.
Before creating an organization, you must obtain a license from the Central Bank of the Russian Federation. To this end, you must provide the following documents:
- Application for registration of the organization.
- Agreed with the founders of the charter.
- Minutes of the meeting with the decision to create NGOs.
- A detailed business plan of the organization for all requirements of the Bank of Russia.
- Confirmation of payment of state duty.
- Registration documents of legal entities or passports of the founders.
- Questionnaires of candidates for the main positions - directors, chief accountant, deputies.
- The lease agreement for the room in which the office will be located.
- Resolution of the antimonopoly committee.
The Central Bank makes a decision within three months after the submission of the entire package of documents.
Non-bank credit organizations in Russia can be established by individuals and legal entities. In the second case, an enterprise that has existed for more than 3 years must have sufficient financial position and its own funds for making contributions over the previous 6 months. The founders of an NPO may not leave the composition for 3 years from the date of registration.
Banking and non-bank credit organizations form the authorized capital on the basis of the shares sold. Contribution can be made in cash, buildings, other property. For the formation of the Criminal Code can also be used liquid assets of local and regional budgets. 100% payment of the authorized capital will allow the structure to apply for a license to carry out additional operations.
However, it is prohibited by law to use the funds raised from the budget and state funds, the objects of property of the federal authorities for the formation of the MC of NPOs. The minimum amount of own funds of the organization is 5 million euros. Three months after the publication of the decision of the Central Bank of the Russian Federation to change the size of the Criminal Code, it comes into force. New banks and non-bank credit organizations adopt the current standard on the amount of own funds. In addition, the Central Bank sets the maximum amount of contributions that can be made in cash. Today it is 20%.
All provisions on the formation of NPOs are specified in the constituent documents. The agreement concluded between the founders determines the procedure for carrying out activities, the size of the Criminal Code, the categories of shares issued, the procedure for their placement. The statutes of NPOs include:
- full name;
- type of ownership;
- data on the location;
- list of operations;
- the value of the Criminal Code;
- number of shares;
- nominal share;
- data on controls;
- management decision-making mechanisms.
The charter acquires force from the moment of its registration in the Central Bank of the Russian Federation.
Type of ownership
The activities of non-bank credit organizations in the territory of the Russian Federation are regulated by the Constitution, the Federal Law "On Banks", "On the Central Bank of the Russian Federation". They set out the operations that the structure has the right to carry out, as well as the conditions for its creation and registration.
Non-bank financial institutions in the form of an LLC can be established by several persons. Their CC is divided into parts between the founders. They are liable for its obligations and suffer a loss only within their share in the authorized capital. Participants are jointly and severally liable, even if they have not fully contributed.
Not a single non-bank deposit-credit organization in the form of an additional liability company was registered in the Russian Federation. Responsibility of the founders in such communities is much higher. In the early stages, it is calculated in accordance with the contribution to the Criminal Code. The main debtor is the company. But if his assets are not enough for settlement, then the balance will have to be paid by the founders from their own funds in amounts that are multiples of contributions.
Settlement non-bank credit organization in the form of AO is much more common. Its CC is divided into shares. Participants are liable for and incur losses within the limits of their value. If the number of shares is distributed in advance between the founders, then such an organization is registered as a closed joint-stock company. Its founders have a preferential right to purchase equity securities of society. The settlement non-bank credit organization in the form of an open joint stock company may conduct a subscription for shares. Such offices are required to annually publish a balance sheet, accounts of profits and losses.
According to statistics for 2013 in the Russian Federation, most of the organizations (60% out of 62) have the form of ownership of LLC, 29% - CJSC, and only 7 enterprises operate as an open joint-stock company.
In order to prevent monopolization of the banking system, the Central Bank controls the acquisition by enterprises and individuals of NKO shares in an amount exceeding the legal limit of 5%. About such transactions it is necessary to inform the highest authority. And if the share of the founder in the NPO exceeds 20%, then such transactions should be previously coordinated with the Bank of Russia. Individuals in such cases are obliged to submit to the territorial office of the Central Bank, documents confirming their financial position. The Bank of Russia reviews them for 30 days and then reports in writing about the legality of the transaction. If the Central Bank has not notified of its decision, then the purchase is considered legitimate.
The Bank of Russia may not agree to acquire a 20% stake in NPOs if the potential founder has an unsatisfactory financial situation, if the persons have valid judicial decisions certifying the fact of wrongdoing or as a result of such a transaction a monopolist can be formed in the market.
Non-bank credit organizations have the following advantages:
- they receive refinancing from the Central Bank of the Russian Federation;
- non-bank credit and financial organizations can create reserves through the distribution of profits, their size established by federal laws;
- issue, buy, sell, record, store and perform other operations with stocks.
Specificity of activity in Russia
Operations of non-bank credit organizations of new generation are focused on instant service. Due to the rapid development of Internet technologies, such enterprises now "live" mainly in the virtual space, using terminals to interact with customers. New market participants cooperate with all subjects. They act as operators of payment systems, clearing and settlement centers, etc.
The big advantage of NPOs is the high speed of payment processing. Traditional services are still provided, but the development vector is already directed to the other side. According to statistics, as of July 2013, 38 organizations were registered in Moscow alone. A third of the 62 existing no websites. Most of the existing NPOs used to be banks, but were forced to reorganize because they could not ensure the minimum amount of their own funds: in 2012 it grew by 2 times, to 180 million.
“Inkahran” and “Brinks” are known for specializing in the services of collection, cash handling, transportation of securities, precious metals throughout Russia. Most of their clients are large banks.
"Rapida", "Leader" and "ORS" specialize in conducting settlements between individuals and legal entities by paying for services through the services. Each participant has its own niche in the money transfer market. "Rapida" provides services for the repayment of loans through terminals and mobile, cellular replenishment, payment of wireless communications, utilities. "Leader" provides instant transfers worldwide. OCR is engaged in the consolidation of ATM networks.
Non-bank credit organizations of the Russian Federation on the basis of a license of the Central Bank carry out certain operations. Today they are intermediaries between service providers and customers. What types of non-bank credit organizations are the most popular? Calculated. They have the widest range of services. Most NCOs in the Russian Federation provide fast transfers of funds both within the country and abroad. Others collaborate with banks on collection issues.