Theoretical foundations of banking policy for raising funds. Placement of funds Banking operations for placement of funds

Banking Law Rozhdestvenskaya Tatyana Eduardovna

1. Placement of funds

The essence of banking is the transformation of savings into investments. Therefore, it was important for the legislator to emphasize the authority of a credit institution to direct funds raised on deposits as investments and loans to third parties. As a matter of fact, the profit of credit institutions is formed largely due to the difference between payments on deposits made by a credit institution and payments on loans issued by it and other so-called active operations. At the same time "resource base" a credit organization is formed not only from funds raised as deposits, but also from its own funds (including the authorized capital of a credit organization, i.e. the amount of investments of its founders (participants), various funds, retained earnings, attracted subordinated loans, etc. d.). In other words, in reality, both funds attracted as deposits and other sources are placed; only credit institutions have the right to use the funds transferred to them as deposits for active operations.

The placement of funds occurs in various civil forms:

1) lending;

2) loan, including the purchase of bills and bonds of third parties;

3) placement of funds on deposits in other banks;

4) “holding” funds in the form of balances on correspondent accounts opened with other banks;

5) carrying out financing transactions under the assignment of a monetary claim;

6) making so-called transactions repo(provision of funds in the form of the purchase of securities with the obligation to resell them);

7) acquisition of shares;

8) acquisition of other securities.

The main civil legal form of placing funds is a loan transaction. The possibility of receiving a loan amount at a time different from the moment of signing the agreement gives rise to certain risks for the borrower: he must have confidence that the loan will be issued to him upon his request. Due to the fact that credit institutions provide lending on a systematic and professional basis, the borrower gains such confidence. Thus, greater flexibility is achieved in the use of funds received as borrowed funds: so-called credit lines, in accordance with the terms of which he can apply to the bank for a loan in a certain part specified in the loan agreement; after repayment of part of the previously issued loan amount, etc. In turn, both the issued loan and the obligation to issue it create known economic risks for the credit institution, which are regulated by the Bank of Russia in accordance with the requirements of federal laws (in particular, the Bank of Russia requires the creation of reserves for issued loans, as well as for the obligation to issue a loan).

The placement of funds is regulated not only by civil law. The norms of civil law determine only the nature of the relationship between a credit institution and its borrowers. The placement of funds creates risks for the credit institution itself, primarily credit risk, i.e., the risk of non-repayment of issued funds. This risk may affect not only the credit institution itself, but also its creditors, including depositors who have placed their funds in deposits. Therefore, the Bank of Russia carries out regulation aimed at limiting this risk by establishing special mandatory standards(for example, the Bank of Russia regulates the ratio of own funds and assets; the ratio of assets and liabilities, the risk per one borrower or a group of related borrowers, etc.), definitions of reserves that a credit institution must create for issued loans and other types of “loans” ( in the economic understanding of this term), etc.

Reducing the risks of credit institutions that systematically professionally place funds, and, consequently, reducing the cost of the resources they provide, has given rise to the need to create legal mechanisms to prevent unscrupulous persons from receiving loans that are obviously not repayable. For this purpose, Federal Law No. 218-FZ “On Credit Histories” was adopted on December 30, 2004. The objectives of this Law are to create and define conditions for the formation, processing, storage and disclosure by credit history bureaus of information characterizing the timely fulfillment by borrowers of their obligations under loan (credit) agreements, increasing the security of lenders and borrowers through a general reduction in credit risks, increasing the efficiency of credit organizations.

Relations related to the internal procedures of credit institutions, including settlement relations, as well as the procedure for calculating interest on loans issued are regulated by Bank of Russia Regulation No. 54-P dated August 31, 1998 “On the procedure for the provision (placement) of funds by credit institutions and their return ( repayment)".

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I. Banking services market attracting funds are represented by the following banking services specified in the Banking Law:

a) attracting funds from individuals and legal entities into deposits (on demand and for a certain period);

b) attraction of deposits and placement of precious metals;

c) trust management of funds and other property under an agreement with individuals and legal entities.

In banking terminology, services for raising funds are usually called passive operations.

A) Conditions of attraction money - urgency, repayment and payment. Legally banking operations to raise funds are formalized by contracts bank deposit and a number of agreements related to the placement of the bank’s own securities.

The content of the bank deposit agreement is bank's responsibility accept from the depositor a sum of money on the terms stipulated by the agreement, return to its depositor at his request (for demand deposits) or upon expiration of the deposit term or the occurrence of an event stipulated by the agreement (for time deposits) and pay established in the contract interest.

In banking practice, it is customary to conclude a bank deposit agreement with individuals, and a deposit agreement with legal entities, although the Civil Code of the Russian Federation does not distinguish between a deposit and a bank deposit agreement. However, the legislative regulation of a bank deposit agreement concluded by a bank with a legal entity and an individual has a number of significant differences aimed at providing individuals with additional guarantees in bank deposit agreements. For example, if a bank deposit agreement is concluded with an individual for a certain period, then the depositor has the right to receive the deposit amount ahead of schedule, and the restriction of this right in the agreement is invalid(Clause 2 of Article 837 of the Civil Code of the Russian Federation). In relation to deposits of legal entities, the agreement may (and, as a rule, does) provide for a ban on their early withdrawal. A bank deposit agreement with an individual is recognized public agreement(Clause 2 of Article 834 of the Civil Code of the Russian Federation). Banks that have received special permission (license) from the Bank of Russia and not earlier than two years from the date of state registration of the bank(Part 3 of Article 36 of the Banking Law). When bankruptcy of a bank, the demands of individual depositors are satisfied first of all(Clause 1, Article 49 of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions”). In addition, the relations of the parties under a bank deposit agreement concluded with a citizen are subject to provisions of the Consumer Protection Law. In the future, bank deposit agreements with individuals will be called “deposits”, and with legal entities - “deposits”.



Deposits are accepted by banks for a certain period of time (time deposits) and on the terms of payment on demand (demand deposits).

The bank accrues interest on the amount of the deposit (deposit) in the amount and manner established by the agreement. If the amount of interest is not established by agreement, the bank pays interest in the amount of the discount rate of the Central Bank of the Russian Federation (clause 1 of Article 838 of the Civil Code of the Russian Federation). If a different frequency of payment of interest on the deposit is not established by the agreement, the bank pays interest quarterly separately from the deposit amount, and interest unclaimed by the depositor is added to the deposit amount (capitalized) (clause 2 of Article 838 of the Civil Code of the Russian Federation). Unless otherwise provided by the agreement, interest is not accrued for the first and last day of the deposit.

Unlike a loan agreement, which in practice is usually issued upon provision of collateral (pledge, guarantee, surety, etc.), deposits are usually attracted by banks without providing security. Meanwhile, the Civil Code of the Russian Federation provides that “banks are obliged to ensure the return citizens' deposits by compulsory insurance"(Article 840), but the law defining the procedure for compulsory insurance of citizens' deposits has not yet been adopted. For citizens' deposits in banks in the authorized capital of which the state, constituent entities of the Russian Federation, and municipalities have a predominant share, they bear subsidiary liability, i.e. .e. undertake to pay depositors the amount of obligations of such banks on deposits not paid by the banks themselves (clause 1 of Article 840 of the Civil Code of the Russian Federation).



Deposits attracted by banks from other banks, can be equally attributed to both deposits and a loan agreement, since in such transactions a credit institution acts on both the creditor and debtor sides. In practice, such agreements are usually called interbank agreements. In banking terminology, the market for interbank short-term loans that do not provide for a deferment of the moment of granting the loan is called depot market.

The same as when a bank accepts deposits and deposits, when banks issue and distribute (place) their own securities - bonds, savings (deposit) certificates, bills- banks attract funds from individuals and legal entities on terms of urgency, repayment and payment. Issue by banks shares and their placement can be attributed to banks’ services for raising funds only in part (they have no guarantee of receiving income; the main value of shares for investors lies not in possible dividends, but in the right to participate in the management of the bank; the right to receive only the liquidation value of their shares and If the bank fails, they will probably lose their investment).

· Bonds- these are issue-grade securities that secure the rights of their owners to receive bonds from the issuer within a specified period of their nominal value or other property equivalent. In essence, the content of the relationship between the owner of a bond and its issuer is a loan relationship. The issue of bank bonds is registered by the Bank of Russia. In practice, bank bonds are used relatively rarely.

· If a loan agreement can be drawn up with the help of bonds, then with the help savings (deposit) certificate A bank deposit agreement is drawn up. A savings (deposit) certificate is a security that certifies the amount of a deposit made to a bank and the right of the certificate holder to receive, upon expiration of a specified period, the amount of the deposit and the interest stipulated in the certificate from the bank. Savings (deposit) certificates are divided into personalized And bearer. The circulation of certificates of deposit denominated in foreign currency is limited, since such certificates are classified as foreign currency assets by virtue of the Foreign Exchange Regulation Law. The following applies to the relationship between the holder of a savings (deposit) certificate and the bank that issued it: rules on bank deposit agreement.

· Bank bills occupy a special place in the banking services market. A bill of exchange, unlike a savings (deposit) certificate, does not formalize any other agreement, but certifies unconditional obligation the drawer to pay upon the maturity of the term specified in the bill the amount of money specified in the bill. In Russian banking practice they usually use promissory notes (solo). The bill may provide for the payment of interest on the bill (interest-bearing bills) or only the bill amount ( discount bills), a bank bill can serve as a collateral, can be provided as compensation to the creditor of the bill holder, etc. The circulation of bank bills, as well as bills of exchange from other issuers, is regulated by special legislation ( Federal Law of March 11, 1997 N 48-FZ "On bills of exchange and promissory notes").

B) Precious metals are classified by law as currency values and from an economic point of view, they represent a special kind of asset, since market prices for precious metals are subject to less significant fluctuations than for other assets. These services are provided by banks on the basis metal account agreements, which are not named either in the Civil Code of the Russian Federation, or in the Federal Law “On Precious Metals and Precious Stones”, or in other legislative acts. Legal regulation of the metal accounts regime is carried out exclusively on subordinate level. Metal accounts mean accounts opened by credit institutions for clients to carry out transactions with precious metals. In this case, such a credit institution must have license of the Bank of Russia to carry out these operations. Metal accounts are divided into two types: impersonal metal accounts(accounting for precious metals without indicating their individual characteristics, as well as for carrying out operations to attract and place these metals) and metal safekeeping accounts(accounting for precious metals transferred for safekeeping to a credit institution while preserving their individual characteristics).

IN) Banking services trust management of funds and other property of individuals and legal entities are offered mainly when credit institutions carry out activities on securities market. This service is provided as part of individual contract with the client and within multilateral treaty on the consolidation of securities of various owners into a single property complex - general bank management fund(OFBU).

The design of trust management appeared in Russian legislation only with the introduction of the new Civil Code. In an economic sense, the disadvantage of the institution of trust management for banks is that their income is limited to the remuneration specified in the agreement. Although the client has the opportunity to receive increased returns from his investments, he also bears the risk of possible losses.

II. Market for services placement raised funds into the most profitable segments of the economy are represented by the following banking services specified in the Banking Law:

1) placing funds on your own behalf and at your own expense;

2) issuance of bank guarantees;

3) issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;

4) acquisition of the right to demand from third parties the fulfillment of obligations in monetary form;

5) leasing operations.

A) Banking services for placing funds on your own behalf and at your own expense represent the most important group of banking operations called active. When carrying out active operations, the bank acts on its own behalf as owner Money.

A special place among active operations is occupied by the issuance by banks loans. A loan agreement is a type of loan agreement with a special entity (credit organization) on the lender’s side. Under the loan agreement, the credit institution undertakes provide funds to the borrower on the terms stipulated by the agreement, and the borrower undertakes return the amount of money received and pay interest for using the loan.

To conclude a loan agreement, it is sufficient to reach an agreement only on loan amount, because all other conditions can be determined on the basis of law.

Providing there may be a pledge of property of the borrower or a third party, a bank guarantee, a surety of a third party, guarantees and sureties of government bodies of the Russian Federation, its constituent entities and municipalities. As a rule, the role of loan collateral in banking practice is played by business risk insurance policy.

A fairly common service acquisition by the bank of bills and bonds third parties. The disadvantage of this form of provision of funds placement services by credit institutions is that obligations on securities cannot be secured by a pledge of property. The only form of security in this case is aval- promissory note guarantee. At the same time, securities acquired by the bank can be freely alienated by it. Some securities (promissory notes of large enterprises, state and municipal bonds) have market quotations, which increases their liquidity.

Banks often provide services for placing funds by concluding repo transactions by virtue of which the bank acquires from the client a certain asset (securities, gold, etc.), which the client does not need for normal business activities, and at the same time enters into a reverse transaction to sell the same asset to the client at a higher price. The difference in prices in repo transactions for the purchase and sale of the relevant asset constitutes the bank margin. Due to the peculiarities of tax legislation, repo transactions are used mainly when providing funds to non-residents.

B) The Banking Law provides for banks to carry out leasing operations (financial lease agreement). The essence of these operations boils down to the fact that the bank provides a long-term lease to its client-lessee with the equipment necessary for the latter, and he pays such a rent that covers both bank interest and the cost of the equipment for the rental period.

There are three main type of leasing: financial, operational And returnable.

At financial leasing The rental period is close to the service life of the equipment. Under the terms of financial leasing, equipment is transferred from the lessor into ownership the lessee only after payment of all lease payments. Thus, for the bank, such an asset is more liquid, since it is not part of the debtor’s property, is not subject to the risk of its insolvency and does not require judicial procedures for foreclosure and sale of this property in the event of a violation by the debtor (lessee) of its obligations.

Leaseback is that the lessee is also the seller of the equipment. That is, the lessor bank first purchases certain equipment from the lessee, and then leases this equipment to him. Thus, the title of ownership of the equipment changes while the lessee retains the possibility of its production use. Leaseback allows you to achieve the same result as lending secured by equipment: the lessee receives the necessary loan funds, and the lessor bank places the money in secured income-generating assets.

Operating leasing is used primarily for equipment that can be re-rented or sold at a profit after a short period of its operation. The difference from other types of leasing is that the leasing period is much shorter than the period of possible use of the equipment (car leasing). The main difference between leasing and renting is the special acquisition by the lessor of property for renting it out to the lessee.

IN) Banking services issuance of bank guarantees and guarantees for third parties, providing for the fulfillment of obligations in monetary form, are provided to secure the obligations of bank clients to third parties. As a result of issuing a bank guarantee, the bank does not lend funds to the client, but assumes the risk of the client's failure to fulfill its obligations.

A bank guarantee is different from a bank guarantee. Firstly, she is main obligation, and not accessory, like a guarantee (valid even if the main obligation is invalid; the period of the bank guarantee does not depend on the limitation period for the main obligation). Secondly, under a bank guarantee, the bank bears joint liability, while the guarantee may provide for subsidiary liability of the bank. Thirdly, payment of funds under a bank guarantee is carried out on the basis only the beneficiary's demands with the documents specified in the guarantee attached, and the guarantor bank does not have the right to condition the payment on any additional requirements or refer to the fulfillment of the main obligation. And finally, if the right of recourse of the guarantor who has paid the debt under the obligations of the principal arises on the basis of law, then In order for the guarantor bank to have a right of recourse against the principal under a bank guarantee, this must be indicated in the bank guarantee.

The law provides only two cases when the bank may refuse to pay amounts: (a) if the claim or the documents attached to it do not comply with the terms of the bank guarantee or (b) if the claim is presented to the bank after the expiration of the bank guarantee (clause 1 of Article 376 of the Civil Code of the Russian Federation). If the bank knows that the main obligation has already been fulfilled, this does not exempt it from payment: it must inform the beneficiary and the principal about this, and upon receiving a repeated request from the beneficiary, it must pay him the amount of the bank guarantee.

G) Bank services for acquiring the rights to demand the fulfillment of obligations in cash from third parties are otherwise called factoring operations(financing against the assignment of a monetary claim). The economic content of these services lies in the fact that a credit institution acquires the rights of claim of its clients against their debtors and thus provides loans to clients. Factoring is very similar to assignment (assignment of a claim), but is not one, since the legislator does not provide for the possibility of even optionally applying the rules on assignment to financing relations against the assignment of a monetary claim. Compared to assignment, factoring has the following features: (a) an organization with an appropriate license acts as a financial agent (factor); (b) the prohibition of transfer of the rights of the creditor to another person without the consent of the debtor, established by law or agreement, does not make the assignment of rights to the financial agent under the factoring agreement invalid (clause 1 of Article 828 of the Civil Code of the Russian Federation); (c) subsequent assignment of the right of claim by the financial agent is permitted if this is provided for in the factoring agreement (Article 829 of the Civil Code of the Russian Federation).

It is customary to distinguish negotiable(the client is responsible to the financial agent not only for the validity of the assigned monetary claim, but also for its actual fulfillment by the debtor; in this case, both the additional benefit in excess of the amount of financing and the financial agent's remuneration are payable by the financial agent to the client) and non-negotiable factoring (the client is responsible to the financial agent only for the validity of the assigned claim, all additional benefits become the property of the agent).

Conditional financing agreement for the assignment of a monetary claim, according to which it passes to the financial agent if the client does not fulfill his obligation to the financial agent.

The bank's income in factoring operations (financial agent's remuneration) can be expressed: (a) in the difference between the amount of financing provided to the client and funds received from debtors to fulfill monetary obligations or (b) in a fixed amount established in the factoring agreement.

To ensure its activities, the bank must have certain funds and tangible assets, which in total constitute its resources. The overwhelming majority of these funds are formed not at the expense of our own, but at the expense of attracted resources.

Raised capital is funds raised by the bank from legal entities and individuals on repayment terms in order to place these resources on the market.

A commercial bank has the opportunity to attract funds from enterprises, organizations, institutions, and the public through the following banking operations:

Opening and maintaining accounts of legal entities, including correspondent banks;

Attracting funds from individuals to deposits;

Issuance by a bank of its own debt obligations.

For banks, deposits are the main type of passive operations, and therefore the main resource for conducting active credit operations.

One of the most important sources of liabilities is the population's cash. Considering the monetary income of the population and the ways of their movement in the economy, the English economist John Maynard Keynes noted that the population’s propensity to save is one of the main reasons for the reduction in sales of goods, production volumes and jobs. In fact, the vast majority of savings relates to “deferred demand”, caused by the accumulation of money for purchases of durable goods and other targeted needs. The main work of commercial banks to attract funds from the population into deposits is associated with pent-up demand.

Deposit services of banks are services for attracting, storing and increasing the value of clients' available funds.

The main reasons for attracting funds to deposits are:

1. funds of the population and organizations are a relatively stable resource for the bank.

2. commercial banks can attract quite a lot of resources;

3. deposits are a relatively cheap resource for a bank compared to interbank loans, bank bills and other financial instruments.

According to the degree of reliability for placement in banking assets, raised funds are distributed in the following sequence:

1. deposits of legal entities, funds raised against bills of exchange and certificates of deposit;

2. time deposits of individuals, funds raised under savings certificates;

3. demand deposits of individuals, balances on accounts for payments with bank (plastic) cards, balances on settlement (current currency) accounts of a legal entity, on correspondent accounts of correspondent banks.

Among the deposits of legal entities, the largest source for the bank to attract resources into its turnover are:

* client funds in current accounts;

* funds in correspondent bank accounts.

By their economic essence, these accounts are demand deposits. Funds from these accounts can be withdrawn at any time, without prior notice, at the first request of their owners, so the bank pays minimum interest rates on them. These accounts are governed by the bank account agreement.

Fund balances on settlement accounts of legal entities and correspondent accounts of correspondent banks are mobile, which forces banks, in order to maintain their liquidity, to keep their highly liquid assets at a sufficient level (cash in the bank’s cash desk and in the correspondent account in the RCC of the Bank of Russia, in government securities ). At the same time, legal entities can place a fixed amount of their temporarily free funds in the bank on time deposit accounts.

However, despite the mobility of funds, it is possible to calculate their non-declining balance and transfer it to time deposit accounts in order to increase income from funds placed in the bank and form a stable lending resource. The calculation is made using the formula:

money bank liquidity solvency

where D is the share of funds stored during the year in settlement and current accounts that can be transferred to deposit accounts;

About avg - the average balance of funds on a current or current account for the year;

K o6 - credit turnover on a current or current account for the year.

Time deposits are funds deposited with a bank for a certain fixed period. The bank is interested in attracting time deposits because they are stable, so it pays a higher interest rate on them than on demand deposits.

Storing funds in time deposits is beneficial for both clients and the bank. Banks use the borrowed funds for a long period of time known to them in advance. This gives the bank the opportunity to increase the volume of credit resources.

The advantage of time deposits for the client is to receive a high interest rate, and for the bank - the opportunity to stablely maintain liquidity.

The disadvantage of time deposit accounts for clients is the inability to use funds in the accounts for settlements and current payments, as well as for receiving cash. For the bank, the disadvantage is the need to pay increased interest on deposits and thus reduce the margin.

Bank margin is the difference between credit and deposit interest rates, between credit rates for individual borrowers, between interest rates on active and passive operations.

Types of time deposits of legal entities and individuals include bank certificates and bank bills, which are the bank's own debt obligations.

A savings (deposit) certificate is a security on which the amount of the deposit and the rights of the depositor to receive, upon expiration of a specified period, the amount of the deposit and accrued interest from the bank or its branch are indicated. A certificate of deposit is issued only to legal entities, and a savings certificate is issued to individuals.

Certificates are available only for urgent purposes. Through certificates, the bank can only attract national currency. The certificate's circulation period is determined by the bank. Repayment for legal entities is carried out by non-cash transfers to other types of deposits or to demand accounts (settlement, current), and for individuals - in cash.

To ensure profitable certificate issuance, the following points are taken into account:

· reliable guarantees of payment of par value and accrued interest;

· minimum certificate limit convenient for the depositor;

· attractive interest rate level for investors;

· standard terms of issue (multiple par value, convenient dates of issue and redemption).

The advantage of a certificate, compared to a time deposit, is its early transfer (sale) by the owner to another person with the receipt of some income during storage and without changing the volume of the bank's resources, while early withdrawal by the owner of a time deposit means a loss of income for him, and for the bank - the loss of part of its resources.

Deposits can also be issued by bank draft.

A bill of exchange is a security containing a promissory note of a bank to pay the holder of a bill of exchange a specified amount in a specific place and on a certain date.

The advantages of a bank bill as a form of raising available funds include the following factors:

· the ability of a bank account to act as a highly profitable means of savings in combination with high liquidity;

· ease of issuing bills of exchange for circulation, since there is no need to register the issue with the Central Bank of the Russian Federation, unlike the issue of bank certificates;

· the possibility of transferring a bill of exchange by endorsement to legal entities and individuals, which turns it into a highly liquid medium of exchange;

· possibility of use as a means of payment in payments for goods and services between legal entities and individuals;

· the right of the issuer to independently set the maturity date of its bills, as well as to make their early redemption, which cannot be done in relation to certificates;

· the ability to serve as collateral when clients obtain loans from other banks;

· the possibility of issuing bills both in series with equal denominations, and on a one-time basis for an arbitrary amount.

Clients investing their available funds in a bank bill is an attractive, reliable and profitable business. Banks are also not prohibited from issuing foreign currency bills, which helps raise funds in foreign currency.

From the above it is clear that bank funds are an important source of resources. To generate attracted resources, the bank uses the following operations: opening and maintaining accounts of legal entities, including correspondent banks; attracting funds from individuals to deposits; issuance by a bank of its own debt obligations. These operations also have some disadvantages. We are talking primarily about the bank’s significant material and monetary costs when raising funds. And, nevertheless, the competition between banks in the credit market forces them to take measures to develop services that help attract funds.

Coins, banknotes in the cash register and balances in central bank accounts. A commercial bank is obliged at any time and upon the first request of each client to pay him in full or the claimed part of the balances in his current, savings or demand deposit account. In this regard, the bank must constantly have an appropriate amount of cash in the cash desk of both the main office and all branches of the bank. However, even theoretically, it seems unlikely that all clients would simultaneously contact the bank for a complete withdrawal of their cash deposits. Therefore, the correctly selected share of the total deposits of a commercial bank required to make such payments will be sufficient to determine the objectively required amount of cash on hand.

However, commercial banks strive to maintain such cash balances at minimum acceptable levels, since these funds do not bring them any income from their placement, being physically “frozen” in the form of cash on hand. In addition, commercial banks are forced to maintain certain balances in their accounts with the central bank to ensure the daily balancing of clearing settlements with other banks in their country, which are in fact nothing more than entries (accounting entries) on the corresponding accounts. Such accounts are also used by commercial banks for settlements with treasuries (ministries of finance) for cash notes and coins received from them through central banks to replenish their treasury or returned by them when it is reduced (in this case, the refund amount is credited to their accounts at the central bank ).

For example, according to the practice that has developed in recent years, English commercial banks maintain in such accounts about 8% of the total amount of actual balances on their current, deposit, savings and other client accounts. However, in order to increase the level of profitability of using borrowed funds, English commercial banks, as a rule, include in the calculation of this 8% not only the actual balances in their accounts with the Bank of England, but also cash on hand.

Balances in accounts at other banks and checks drawn on such banks that are in the process of collection. Clients of commercial banks, depositing checks issued in their favor, usually expect their accounts to be credited with the collected amounts on the same day, however, in fact, payment of such checks is made only on the second or third day, and if this period falls on a weekend days, then on the fourth day after they were sent for collection.

Loans on demand or with short-term advance notice of the need to repay. This article covers advance loans to securities brokers and jobbers and bill brokers.

These types of "exchange" loans are subject to repayment upon the bank's first demand, i.e. are essentially “on call”, or at least presented with short-term advance notice from the creditor bank of the need to repay them (not exceeding 14 days in practice).

Interest rates on such loans vary depending on the types of securities against which they are issued, and are formed on the basis of the so-called base lending rate of the bank with a margin above the base rate in the amount of 3/4-7/8% per annum.

Other discounted bills are commercial bills of national companies and firms that can be purchased by banks from bill brokers. Naturally, banks independently take into account clients’ bills of exchange, however, if there is a need to receive certain amounts on a predetermined date, they purchase first-class bills of exchange from brokers, the payment period of which falls on the date of the need for funds. By conducting transactions with well-established and well-known brokers, banks receive guarantees from them that such bills will be paid on time.

Treasury bills are bills issued by the Treasury (Ministry of Finance) of the relevant country for a period of 91 days, issued for circulation under the guarantee of the government. They are similar to commercial bills of exchange in that they can be discounted (assigned) before the actual payment date. Every week, except for those cases when the government does not use raising funds in this form, bills of exchange with a face value of 5 thousand to 100 thousand units are issued. national currency. Bills of exchange may change hands during their entire term, and their price in such cases will be calculated based on the number of days remaining until payment is due and the interest rate agreed upon between the parties (buyer or seller). Commercial banks maintain certain reserves ("portfolios") of Treasury bills, formed from their own resources, as an insurance reserve for other investments, and also to satisfy client requests (as they come in).

The share of attracted funds placed by commercial banks in treasury bills is different for each bank, while the most realistic average value can be 8-15%. The size of a bank's treasury bill portfolio also depends on the government's official lending policy (as treasury bills are the main liquid asset position of most large commercial banks - up to 25% - and accordingly affects the banks' ability to develop their lending operations) and the time of year (banks' investments are predominantly for the second half of the year, when client demand for certain types of securities is expected by tax time).

The asset items listed above on the balance sheet of commercial banks are the most liquid, i.e. represent either cash or investments that can be converted into cash in the shortest possible time.

Special deposits and required reserves at the central bank are a monetary policy tool aimed at limiting credit growth. The Central Bank can at any time introduce such placement of funds with it by commercial banks of its country or regularly use this measure (a similar thing happens in the USA). Such funds, by reducing the bank's liquid resources, inevitably reduce their lending capabilities due to the need to maintain the minimum level of liquidity prescribed by banking control authorities.

Investments. Typically, the bulk of a commercial bank's investments are in government securities or corporate securities backed by government guarantees, but may also include, for example, local government obligations and certain other types of bonds. The structure of the bank's investment portfolio is planned so that some of the securities are due in the current year. This will somewhat reduce potential losses if the bank needs to sell its investments. However, most often, investments are retained by banks until payment is due and, as a rule, are divided into two main groups: those with a payment period within the next five years and from five to 10 years.

Loans to clients and other accounts. This section covers the bank's main sources of income - regular and overdraft loans, which are theoretically repayable on demand, although in practice such repayment is made by agreed upon regular payments. The bulk of loans is used for the formation and replenishment of working capital of borrowers, for “interim” financing, i.e. to purchase something for the period before receiving payments under a sales transaction (for example, to purchase new equipment before selling old equipment), lending to the agricultural sector, in other words, are traditional types of bank loans.

The bank's loan portfolio consists of balance sheet balances for short-term, long-term and overdue loans. These are the volumetric characteristics of the bank's loan portfolio. Qualitative characteristics are used to assess the bank’s provision of loan repayment and reduction of credit risks, i.e. non-repayment of the principal amount of the loan and interest on it.

Ensuring loan repayment depends on the organization of the credit process in a particular bank, compliance with the procedure for issuing and repaying loans, the correct reflection of loans in accounting, especially extended and overdue ones, the analytical work of the bank and the correct classification of loans, the amount of reserves to cover losses on loans, the legality of interbank transactions loans and credits through centralized resources.

An important point is to analyze the quality of loans issued to non-customers of a given bank from the perspective of: volume and purpose of the loan; quality of the collateral (volume, liquidity, storage location, quality of execution) or type of guarantee or solvency of the insurance company that issued the policy; interest rate; financial condition of the borrower; information about the borrower; relations between the bank and the borrower; terms of loan issuance and repayment; preparation of documents and credit dossier; facts of prolongation or delay.

Risk group of loan debt Table 2

Securing the loan, guaranteeing its repayment

Secured

Undersecured, return guarantee questionable

Unsecured, loan repayment is not guaranteed

Loan repayment on time

% of contributions to the reserve

Overdue loan debt up to 30 days

% of contributions to the reserve

Overdue loan debt from 30 to 60 days

% of contributions to the reserve

Overdue loan debt from 60 to 180 days

% of contributions to the reserve

Overdue loan debt exceeding 180 days

% of contributions to the reserve

In the practice of Russian commercial banks, there is a classification of loans issued and an assessment of credit risks (Table 2).

A secured loan is a loan that is secured in the form of liquid collateral, the real value of which is equal to or exceeds the loan debt, or has a bank guarantee, a guarantee of the Government of the Russian Federation and constituent entities of the Russian Federation, or a loan insured in the prescribed manner.

An undersecured loan is one that has partial collateral (at a cost of at least 60% of the loan amount), but its real value or ability to sell it is questionable.

An unsecured loan is a loan that does not have collateral or the actual value of the collateral is less than 60% of the loan amount.

Risk group 1 “Standard loans” includes loans for which the principal debt is repaid on time and in full, including loans extended in accordance with the established procedure, but no more than two times, as well as secured loans overdue for up to 30 days. For standard loans, commercial banks are required to create a reserve for possible loan losses in the amount of at least 2% of the amount of loans issued.

Risk group 2, “Non-standard loans,” includes insufficiently secured loans overdue by up to 30 days, as well as secured loans overdue from 30 to 60 days. Commercial banks are required to create a reserve for possible losses on non-standard loans in the amount of 5% of the amount of loans issued.

Risk group 3 “Doubtful loans” includes unsecured loans overdue by up to 30 days, insufficiently secured loans overdue from 30 to 60 days, and secured loans overdue from 60 to 180 days. Commercial banks are required to create a reserve for possible losses on doubtful loans in the amount of 30% of the amount of loans issued.

Risk group 4 “Dangerous loans” includes unsecured loans overdue from 30 to 60 days, as well as insufficiently secured loans overdue from 60 to 180 days. Commercial banks are required to create a reserve for possible losses on dangerous loans in the amount of 75% of the amount of loans issued.

Risk group 5 “Bad loans” includes unsecured loans overdue from 60 to 180 days and all loans overdue over 180 days. Commercial banks are required to create a reserve for possible losses on such loans in the amount of 100% of the amount of loans issued.

In addition to cash on hand and balances (deposits, reserves) in accounts with the central bank, such assets include balances in accounts with correspondent banks, as well as discounted bills of exchange suitable for rediscounting at the central bank. The listed items usually relate to liquid assets, and their size characterizes the bank’s ability to quickly release (to replenish the cash register and accounts in the central and commercial banks) additional funds to satisfy the demands of depositors regarding the return of allocated resources to them.

In addition to these items, in a number of developed and developing countries, liquid assets also include government bonds and some of the securities issued by specialized banking institutions, which can serve as a source of receiving funds from the central bank from their sale to it or for obtaining a loan secured by them (for example, in Germany and Switzerland). Even if these investments cannot be used to obtain funds from the central bank in the presence of a developed capital market, they can be quite freely sold (for example, in England) and therefore these assets should also be taken into account when determining the level of bank liquidity.

The least liquid items of bank assets are investments in real estate, in bank buildings and equipment, in the capital of other institutions of the credit and financial sector of various companies and firms, especially if they are unquoted securities (most often, shares). It is generally accepted that such investments should be made at the expense of the bank’s own funds, since being by their nature long-term investments, they do not correspond to the predominantly short-term nature of the funds raised.

To summarize the first chapter, we can say that commercial banks are at the forefront of economic processes and are the object of close attention and control by the state. The efficient operation of banks largely depends on the economic policy of the state.

Having examined the main types of activities of commercial banks, we can also conclude that banks are the main economic institutions that accumulate colossal cash flows and, as a result, are the main credit institutions.

The market for services for placing raised funds in the most profitable segments of the economy is represented by the following banking services specified in the Banking Law:

1) placing funds on your own behalf and at your own expense;

2) issuance of bank guarantees;

3) issuance of guarantees for third parties, providing for the fulfillment of obligations in monetary form;

4) acquisition of the right to demand from third parties the fulfillment of obligations in monetary form;

5) leasing operations.

The services of banks for placing funds on their own behalf and at their own expense represent the most important group of banking operations, called active. When carrying out active operations, the bank acts on its own behalf as the owner of funds, regardless of whether the source of funds is its own bank capital or borrowed funds.

Active operations of banks include the issuance of loans by the bank, including interbank loans, the purchase by the bank on its behalf of securities, currency, precious metals, etc. Bank margin can be expressed as interest or in the form of exchange rate differences. Thus, when a bank purchases bills of exchange, the bank primarily counts on income in the form of interest paid on these securities. When a bank purchases shares, it usually expects a positive change in the market value of these securities.

A special place among active operations is occupied by the issuance of loans by banks. Loan agreement– a type of loan agreement with a special entity (credit organization) on the lender’s side. Under the loan agreement, the credit institution undertakes to provide funds to the borrower on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest for using the loan.

As a rule, the terms of the loan are established in the loan agreement in some detail. At the same time, to conclude a loan agreement, it is sufficient to reach an agreement only on the loan amount, because all other conditions can be determined on the basis of law.

Typically, a loan is issued upon provision of security for its repayment. The security may be a pledge of the borrower's or a third party's property, a bank guarantee, a third party guarantee, guarantees and guarantees from government bodies of the Russian Federation, its constituent entities and municipalities. It should be noted that among those indicated in Chap. 23 of the Civil Code of the Russian Federation, not all methods of securing obligations in the practice of bank lending are used effectively enough. Thus, a penalty is considered more as a measure of liability for the borrower’s improper fulfillment of its obligations, and not as a way to secure an obligation; Lien is also rarely used: it requires the lending bank to own some of the borrower's assets, which is very rare. As a rule, the role of securing a loan in banking practice is played by a business risk insurance policy.

A common service is for the bank to purchase bills of exchange from third parties. As a result, the same economic effect is achieved as with lending: persons obligated for securities receive the funds they need.