Unfavorable business reputation of the founder (participant) of a credit institution

Poor business reputation of the founder (participant) of a credit institution — presence on the day preceding the day the Central Bank of Russia receives documents for state registration of the credit institution, of an unserved or unpardoned criminal record of the founder (participant) for committing a deliberate crime;

the existence of an indictment by the court against the founder (participant) who committed a deliberate crime, without imposing a penalty due to the expiration of the statute of limitations for criminal prosecution, if on the day preceding the day the Central Bank of Russia receives documents for state registration of the credit institution, ten years have not elapsed since the entry into force of the indictment;

the founder (participant) being held administratively liable more than once within three years preceding the day on which the Central Bank of Russia received documents for state registration of a credit institution, in accordance with a judicial decision that has entered into legal force, for unlawful actions during the bankruptcy of a legal entity, intentional and (or) fictitious bankruptcy of a legal entity (excluding cases where such administrative offense resulted in an administrative penalty in the form of a warning);

the founder (participant) being held criminally liable in accordance with a judicial decision that has entered into legal force for unlawful actions during the bankruptcy of a legal entity (excluding credit institutions), intentional and (or) fictitious bankruptcy of a legal entity (excluding credit institutions), if, on the day preceding the day on which the Central Bank of Russia received documents for state registration of a credit institution, ten years had not elapsed since the judicial decision entered into force;

bringing the founder (participant) under criminal liability for unlawful actions during the bankruptcy of a credit organization, intentional and/or fictitious bankruptcy of a credit organization in accordance with a judicial decision that has entered into legal force;

bringing the founder (participant) under subsidiary liability for the obligations of a financial institution or liability in the form of compensation of losses to the financial institution in accordance with the Federal Law "On Bankruptcy (Insolvency)", if, as of the day preceding the day on which the Central Bank of Russia received documents for state registration of a credit organization, ten years had not elapsed since the entry into force of the judicial decision¹;

Related entries

Комментарии к законам

Статья 16

Закон РСФСР от 02.12.1990 № 395-1, "О банках и банковской деятельности в РСФСР"