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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
- 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.
- 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
- The National Bank of Tajikistan shall give a written confirmation to the bank’s constitutors upon presentation of documents listed in Article 18.
- 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.
- 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.