Legal Encyclopedia. Letter B

banking relationships

- Regulated by the rules of private and public law, public relations,

folding process of banks and other credit organizations implementing a special legal status and the use of money and other financial instruments as a means of circulation, savings and as a commodity.

Banking relationship have special features:

1) the existence of a special entity in the form of a bank or other credit institution;

2) the existence of a special object (financial instruments);

3) through the mediation of banking relationships. The lack of freedom of the will of the parties in determining the forms of legal rules and the organization, as well as the direct or indirect involvement of organizations in these legal relationships.

There are the following types of relationships:

1) depending on the subject composition:

a) The relationship between banks and customers;

b) the relationship between citizens and commercial banks over the banking operations;

c) the relationship between the Central Bank and banks;

d) the relationship between the banks on the creation of unions and associations;

d) the relationship between the Central Bank and the Government of the reciprocal representation;

e) the relationship between the Central Bank and the supreme bodies of representative authority over the appointment and dismissal of officials of the Central Bank and reporting;

2) depending on the nature of banking operations:

a) passive banking operations, in which the bank acts as the debtor (the ratio of a bank deposit account, the issuance of securities);

b) the active banking operations - in these respects, the bank acts as lender (the agreement on the assignment of a monetary claim);

c) mediation -raschetnye banking relationship;

g) ancillary banking is the ratio of the operation on the provision of information and other services;

3) depending on the content of the legal relationship:

a) property - relating to funds as a kind of property;

b) non - associated with providing the regime of banking secrecy, the protection of business reputation, the use of different names, etc .;

c) organizational - related to the construction of the internal structure of both the bank and the banking system as a whole.

The grounds for the banking relationships are the norm of law, administrative act, agreement or unilateral transaction, including, they can occur as a consequence of the injury.