The project of the bank decree of the president
the Slogan of Association of the Russian banks “ More than the Russian banks, good and different “ has not met understanding at authors of the project of the presidential decree “ About maintenance of stability of bank system of the Russian Federation and protection of interests of investors and creditors of bank “.
Literally each point of the document which has got to the order amazes with radicalism of offered innovations. According to the decree project, in 1995 it is supposed or to stop absolutely registration of commercial banks, or to create new banks exclusively in shape kommanditnogo associations at which founders bear responsibility under bank obligations all property.
position of the project of the decree is rather interesting, obliging founders of already operating banks to cover its losses. Under the project, the Central Bank can acquire the right to limit the size of dividends paid by bank and percent on the involved means in case of a heavy financial position of bank. Some points of the project, for example 2. 5. And 2. 7., already have found the real embodiment in the telegramme of the Central Bank from December, 27th.
the project is obviously developed in bowels of the Central Bank which considerably were making active in the end of the last year struggle for observance of interests of investors of banks. Really, the interdiction to founders leaves structure of participants of bank within 5 years should to stop practice of transition of the persons ruining one bank, in again registered banks. Besides, to bear a criminal liability for infringements of the bank legislation and to pay off with personal property under bank obligations, naturally, it will not want to anybody. Three-year successful experience of activity of the legal bodies, necessary for reception of the permission to performance by the founder of bank, also should promote, on a plan of authors of the project, the termination of frauds on enrichment of narrow group of founders.
however look real a picture can a little differently. In the project it is told nothing about the minimum cost of property which founders should possess. Does not represent the big work and to find firms, “ successfully “ working three years with currency of balance of 1 million roubles, and the private persons which all condition is defined by clothes in which they are dressed but which names will be used for registration, and a real state of affairs - to be supervised by swindlers. The situation with definition of founders from which it is necessary to collect means in repayment of losses of operating banks will be even more confused. The situation when founders will not have absolutely any relation to a crisis situation in bank is not excluded. For example, in case of occurrence of a chain of non-returns of interbank credits (that is especially actual today).
At the same time the decree project means essential expansion of the rights of the Central Bank to interfere with activity of commercial banks. Still half a year back occurrence of such document would cause scandal and noisy protests from banks and the public. However in connection with an aggravation of bank crisis in the autumn of the last year which has led to bankruptcy of some banks, the situation has changed radically. On assurances of one of bankers, the decree project is already vised by the vice-president of the Central Bank Alexander Handruevym (which comments we hope to receive after its returning from business trip).
MAXIM - AKIMOV