Financial Crime World

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Requirements for Establishing a Bank

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Article 18: Requirements for Establishing a Bank

To establish a bank, several requirements must be met. These include:

Required Documents

  • A completed questionnaire filled in by nominees for management positions and copies of their passports and education diplomas.
  • A business plan that outlines the strategy of its activity, directions and scales of its activity, financial outlooks (budget, balance of claims and liabilities, income statements for the first 3 years), marketing plan, plan of hiring labor resources, control of internal audits.
  • A report on preparatory measures held by the constitutors in accordance with the submitted business plan.
  • A notarized or otherwise legalized document confirming authority of an applicant to submit the application on behalf of the constitutors.

Requirements for Executives of a Bank

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Article 19: Requirements for Executives of a Bank

The executives of a bank must meet certain requirements, including:

Minimum Requirements

  1. The Chairman and his deputies, head of the accounting department (chief accountant) and his deputies, head and chief accountant of the branch must be acknowledged as meeting the minimum requirements.
  2. A person shall not meet the requirements of the post or cannot be appointed to the post of the Chairman of the Board if:
    • They do not have higher economic education.
    • They have been convicted in the past (unless the conviction has been canceled or expunged).
    • They do not have enough knowledge in banking and economic legislation.
    • They used to be an executive in a legal entity which became bankrupt or a bank or non-banking financial institution which was deprived of a license for opening a bank due to non-fulfillment of legislational requirements and other anti-law actions.

State Registration and Licensing Procedure

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Article 20: The Procedure of the State Registration of a Bank and Issue of the License for Carrying out Banking Operations

The procedure for state registration of a bank and issue of a license for carrying out banking operations is as follows:

Procedure

  1. The National Bank of Tajikistan shall give a written confirmation to the bank’s constitutors upon presentation of documents listed in Article 18.
  2. The National Bank of Tajikistan must take a decision on the state registration of a bank and issue of a license for carrying out banking operations or on refusal no later than in 6 months after submission of all properly formed documents.
  3. After taking a decision on the state registration of a bank and issue of a license for carrying out banking operations, the National Bank shall notify the founders of a bank in 3 days by a proposal to pay 100% of the announced statutory fund in three month’s period and shall issue a certificate on the state registration of a bank.