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Money and credit - Ivanov V.М.

Theme 23. ORGANIZATION OF COMMERCIAL BANKS

23.1. The procedure for the establishment of commercial banks

Commercial banks are the main link in the country's credit system, which includes credit institutions that carry out a variety of banking operations for their clients on the principles of commercial settlement. For this they use not only their own, but also attracted financial capital in the form of deposits, deposits, interbank loans and other sources. And the attracted funds, as a rule, considerably exceed the volume of the own capital of commercial banks.

A commercial bank is a legal entity that, on the basis of a license of the NBU, has the exclusive right to perform such operations: attracting individuals and legal entities into deposits and placing these funds on its own behalf, on its terms and at its own risk, opening and maintaining bank accounts of physical and legal entities.

The main purpose of commercial banks, which began to be created in 1989, was the prompt receipt by their founders and customers of a wide range of banking services (including obtaining loans), the decision by the founders, with the help of their own bank, of their group or individual problems, obtaining maximum profit for their shareholders or shareholders , As well as for their own development.

Initially, commercial banks were created primarily as industry banks. Thus, Ukrlegbank, Ukrstroibank, Energobank, etc. were created in Ukraine. These banks were to help solve primarily intra-industry problems, accelerate the pace of scientific and technological progress at the enterprises of the industry, increase production volumes and improve the quality of products.

Some banks emerged as subsidiary banks of state specialized banks (Ukrinbank).

Banks Demosbank, Kyiv Cooperative Bank emerged as cooperative commercial banks. In order to more easily and quickly solve the issues of obtaining loans for their development, cooperatives began to create their own banks. In the future, the shareholders and shareholders of commercial banks are increasingly becoming various commercial structures and individuals. Gradually, the state-owned commercial banks received state-run specialized banks. Such denationalization has led to the creation of unequal conditions for the activities of banks in the banking system of Ukraine, putting the newly organized ones in a quandary.

Commercial banks are classified according to a number of characteristics.

Depending on the form of ownership, they are divided into private and public.

In the form of organization, private companies predominate among private banks in the form of open and closed types of companies.

Commercial banks, depending on the range of operations performed, are universal and specialized.

Depending on the territory of activity, commercial banks are subdivided into international, republican and regional ones.

The founders, shareholders (participants) of commercial banks may be Ukrainian and foreign legal entities and individuals. Legal entities and individuals wishing to establish a commercial bank, first of all, must analyze the loan market and the degree of satisfaction of the needs of business structures and the population in banking services to determine the competitiveness of the new bank.

A commercial bank is considered to be established from the moment of its registration in the Bank Registration Book maintained by the National Bank of Ukraine.

Commercial banks can open their branches and representative offices both on the territory of Ukraine and outside it on the basis of written consent of the regional department of the National Bank of Ukraine. A prerequisite for their opening is the full payment of the bank's statutory fund. Both the branch and representative offices are not legal entities. These are separate subdivisions of the bank that act on its behalf and act on the basis of their provisions approved in accordance with the procedure provided for by the bank's charter.

However, these units are significantly different. If the branch has its subaccount account in the establishment of the National Bank of Ukraine and carries out the operations stipulated by its provision, the representative office has no right to carry out such operations. Representation usually performs work on preparation of various banking operations (attraction of shareholders and deposits, preparation for issuance of a loan by the bank), as well as subsequent control over the use and repayment of a loan, etc.

The Regional Office of the National Bank may refuse to register a branch in case of violation of the procedure for its establishment, inconsistency of the submitted documents with the legislation and the charter of the bank, unsatisfactory financial situation of the bank, violation of its economic standards due to professional incompetence of the head and chief accountant, lack of proper material and technical Base.

In case of changing the name, legal status and address, announcement of a foreign founder (participant) insolvent or bankrupt, the commercial bank is obliged to inform the National Bank of Ukraine thereof within a week.

In order to increase the reliability and stability of the banking system of Ukraine, protect the interests of creditors of commercial banks and in accordance with Art. 19, 20 of the Law of Ukraine "On Banks and Banking Activities" and Art. 7 of the Law of Ukraine "On the National Bank of Ukraine" NBU determines the procedure for issuing licenses to banks for conducting banking operations.

Licensing - the procedure for issuing commercial banks, which from the moment of registration by the National Bank acquired the status of a legal entity, permission to carry out certain or all banking operations. According to the second section of the NBU Regulations "On the Procedure for Issuing a Banking License to Banks" dated 6 May 1998 No. 181, banks can perform 30 transactions. The list of operations and necessary conditions for obtaining a license is given in Table. 4.

Table 4 Transactions of banks subject to licensing

Continuation of Table. 4

End of Table. 4