It is registered
Ministry of Justice
Republic of Moldova
On June 27, 2011 No. 832
of April 28, 2011 No. 84
About approval of Regulations about branches, representations and additional offices of banks
Based on Item d) Articles 5, articles 11 and 44 of the Law on National Bank of Moldova No. 548-XIII of July 21, 1995. (The official monitor of the Republic of Moldova, 1995, No. 56-57, Article 624), with subsequent changes and amendments, articles 13 and 13-1 of the Law on financial institutions No. 550-XIII of July 21, 1995 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 110-113, 334), with subsequent changes and amendments, articles IV of the Law No. 241 of September 24, 2010 on modification and amendments in some legal acts (The official monitor of the Republic of Moldova, 2010, No. 247-251, Article 756) DECIDES: Administrative board of National Bank of Moldova
1. Approve Regulations about branches, representations and additional offices of banks according to appendix No. 1.
2. Submitted to National Bank of Moldova applications and documents for opening and closing of branches, representations and additional offices on which about day of entry into force of this resolution relevant decisions are not made, are considered according to the Regulations specified in Item 1.
3. Till September 17, 2011 provisions of Item 11 of the Regulations specified in Item 1, do not extend to the banks opening branches in connection with reduction of activities of the separate divisions in compliance with provisions of the Art. IV of the Law No. 241 of September 24, 2010 on modification and amendments in some legal acts.
Chairman of Administrative board of National Bank
Appendix No. 1
to the Resolution of Administrative board of National Bank of the Republic of Moldova of April 28, 2011 No. 84
1. The regulations about branches, representations and additional offices of banks (further - regulations) establish conditions of opening of branches, representations and additional offices of banks in the Republic of Moldova (further - banks), procedure for issue of preliminary permission to opening of branches and representations, notifications on opening of additional offices resolved types of activity, and also procedure for closing of the relevant divisions.
2. In these regulations the following concepts are used:
a) branch - the separate division which is legally depending on bank and performing all types of financial activities or their part;
b) representation - the separate division located out of the bank location, legally dependent on bank, representing and protecting its interests;
c) additional office - the internal structural division of bank branch in the form of the agency or exchange currency point located out of the location of bank branch, which does not have separate balance and performing the types of activity established by bank according to these regulations and the current legislation;
d) organizational and technical types of activity - activities types / technical transactions on providing and assistance to financial types of activity of branch or bank which are performed without independent adoption of obligations from bank name or branch.
3. The bank has the right to open branches and representations only with preliminary permission of National Bank of Moldova (further - National Bank).
4. The bank has the right to open additional offices after the notification of National Bank.
5. The procedure for the organization and functioning of branch and representation is established in regulations on branch, representation, and in case of additional office - in regulations on branch as a part of which the additional office, in provision of the relevant additional office or in standard regulations on the additional office regulating activities of all additional offices, approved by council of the bank was opened.
6. The name of branch, representation shall contain specifying on the fact that it (it) is branch and respectively representative office of the bank which opened it.
7. The name of additional office shall contain specifying on its type (the agency, exchange currency point) and belonging to specific branch as a part of which it was open.
8. The bank represents to National Bank on paper, annually, no later than January 15 after accounting year of the data on branches, representations and additional offices, according to appendix to these regulations.
9. Observance of provisions of these regulations does not exempt bank from observance of provisions of the Law No. 62-XVI of March 21, 2008 on currency control (The official monitor of the Republic of Moldova, 2008, Art. No. 127-130, 496) and the Regulations about organizations on currency exchange approved by the Resolution of Administrative board of National Bank of Moldova No. 53 of March 5, 2009. (The official monitor of the Republic of Moldova, 2009, the Art. No. 62-64, 269) relating to the notification of National Bank on opening of exchange currency points of bank and submission of the schedule of their work, changes of the relevant data, and also on the termination of activities of exchange currency points of bank.
10. The branch, representation and additional office open according to the decision of governing body of bank to which this right is granted according to the charter of bank. The charter of bank shall contain data on branches and representative offices of bank.
a) own the capital of the I level and capital adequacy ratio taking into account risk according to the requirements established in Regulations about capital adequacy taking into account the risk approved by the Resolution of Administrative board of National Bank of Moldova No. 269 of October 26, 2001. (Official monitor of the Republic of Moldova, 2001, No. 130, Art. 310);
b) perform activities at least within one year after receipt of the license for implementation of financial activities and it is at least to be once subjected to complex check on places from National Bank;
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