Approved by Board of National Bank of Tajikistan on April 29, 2000 No. 48
This Instruction is developed according to the Laws of the Republic of Tajikistan "About National Bank of Tajikistan", "About banks and banking activity", "About joint-stock companies" and other regulations of National Bank of Tajikistan.
Action of this Instruction extends to all types of banks and non-bank financial organizations.
In the Instruction the following concepts are used:
- founders - the legal entities and physical persons acting as initiators of creation of bank and creating its original authorized capital;
- participants - the legal entities and physical persons which made contributions to the authorized capital of the operating bank created in the form of society of the closed type without the share issue right to bearer;
- shareholders - the legal entities and physical persons which made contributions to the authorized capital of the operating bank created in the form of public joint stock company with the share issue right to bearer.
This Instruction includes the following Sections:
1. The bank in the territory of the Republic of Tajikistan can be created in the form of the joint-stock company (closed or open type) that is reflected in its charter and trade name.
2. The bank created in the form of closed joint stock company can have shareholders the number which is not exceeding fifty. If the number of shareholders exceeded to fifty, then the bank within the next three months shall hold general shareholder meeting, for decision making about change like society on open.
Bank shares, created in the form of closed joint stock company, can be alienated only with the consent of all shareholders of bank.
3. Bank shares, created in the form of public joint stock company, can pass from hand to hand without the consent of other shareholders.
4. According to article 4 of the Law of the Republic of Tajikistan "About banks and banking activity", banks can be created in the following forms:
- national bank;
- non-state bank;
- bank, with participation of the foreign capital;
- interstate bank if the bank is created based on the international treaty (agreement). Requirements of this Instruction, taking into account the features provided in the international treaty (agreement) on its creation extend to it.
5. By the form property the bank can be state, commercial, cooperative and private.
6. By the form activities banks can be specialized or universal.
7. Banks are forbidden to perform activities in the field of production of goods and trade in material values, and also to be engaged in all types of insurance.
Banks are forbidden to participate in all "game" types of activity, including in the organization and holding draws and cash and prize lotteries, including carrying out cash and prize lotteries in bank rooms or their advertizing.
8. The bank, and also its branches, representations, exchange and authorized points are created and open in the territory of the Republic of Tajikistan without the consent of local government, according to article 24 of the Law of the Republic of Tajikistan "About banks and banking activity.
9. In the presence of the license of National Bank of Tajikistan for banking operations, bank has the right to perform banking activities, the stipulated in Article 2 Laws of the Republic of Tajikistan "About banks and banking activity".
10. The documents submitted to National Bank of Tajikistan in duplicate according to this Instruction, are meant as authentic copy of the document and its notarized copy.
11. The constituent documents submitted to National Bank of Tajikistan, according to this Instruction, the containing more than one leaf, shall be stitched, numbered and notarized.
12. Only the Government of the Republic of Tajikistan, on behalf of the Ministry of Finance of the Republic of Tajikistan can act as the founder of national bank.
Officials of state governing bodies cannot participate in governing bodies of bank (except for national bank), cannot own or control more than five percent of shares having the right to vote.
13. Legal and physical litsarezidenta and nonresidents of the Republic of Tajikistan whose participation in creation of bank is not forbidden by the current legislation can be founders of bank.
Founders - legal entities, shall be registered in the procedure established by the current legislation, have strong financial position and fulfill the obligations to the republican budget, on tax payment and equated to them to payments for the last three years.
Founders of bank shall have means which meet the requirements established by National Bank of Tajikistan for their entering into the authorized capital of bank.
14. Debt availability at the legal entity before the budget, irrespective of the available delay on its payment, is the basis for refusal in acceptance of such legal entity in the list of founders of bank.
15. The number of founders of bank can be unrestricted.
16. For preparation of necessary documents on creation of bank, founders shall create organizational group and determine one authorized person, for contacts with National Bank of Tajikistan concerning consideration of documents.
17. For state registration of bank and licensing for banking operations, founders no later than in month after signing of the foundation agreement about creation of joint-stock company, submit the following authentic documents to National Bank of Tajikistan:
1) the statement with the petition for state registration of bank and licensing for banking operations signed by the chairman of the board of bank, or other person authorized by meeting of founders (appendix No. 1).
The application is submitted in state language and shall contain the applicant's address.
Also are applied to the petition for registration:
- information on founders of bank, sphere of their activities, financial condition, perspectives of their development,
- economic case of creation of bank which shall reflect the list of the main questions No. provided in appendix 2,
- detailed organizational structure of bank, including service of internal control,
- information on the building (room) of bank and on its technical equipment.
The bank building (room) shall have the equipment, the okhrannopozharny and alarming alarm system, and for implementation of cash transactions - technically the strengthened cash node according to requirements of the Provision "Technical Requirements on Designing and the Device of Cash Node in Buildings, Organizations of Banks of the Republic of Tajikistan", the approved National Bank of Tajikistan;
2) the protocol of meeting of founders containing decisions on creation of bank, approval of its name, election of council of the bank, approval of the charter, approval of candidacies for appointment to positions of heads (the chairman of bank and its deputies, the chief accountant and his deputies), approval of balance settlement estimation and the plan of the income, expenses also arrived for the first three years of activities of bank - separately for every year;
3) the foundation agreement, notarized (appendix No. 3) which shall contain: (10Kb In original language)
- obligation of founders to create bank,
- procedure for joint activities for its creation,
- specifying on form of business of bank,
- conditions of transfer to bank of the property and participation in its activities,
- purposes of creation of bank,
- size of the authorized capital of bank,
- share of each founder in the authorized capital of bank (in rubla, percent),
- conditions and procedure for distribution between participants of profit and covering of losses,
- responsibility of participants for violation of obligations on introduction of deposits,
- information about structure and competence of governing bodies of bank and procedure for adoption of decisions by them.
The foundation agreement shall be signed by all founders of bank. At the same time their location (postal address) and bank details are specified.
The signature of the founder - the legal entity shall be certified him by seal.
Passport data and the signature of the founder - physical person are verified by the employee of Management of banking supervision of National Bank of Tajikistan.
In case of organization of bank one founder, the foundation agreement is not constituted;
4) the charter of bank in duplicate (appendix No. 4) which shall contain: (39Kb In original language)
- corporate (complete official) the bank name, with indication of on form of business, and reduced, for use in payment documents on state and foreign languages. The trade name includes the word "bank". The complete and reduced names shall be reflected in the title page of the charter and in seal of bank,
- location (postal address) of bank,
- the list of banking activities and transactions which the bank according to article 2 of the Law of the Republic of Tajikistan "About banks and banking activity" assumes to perform,
- data on the size of the authorized capital and the size of reserve fund (as a percentage to the authorized capital),
- profit distribution of bank,
- procedure for management of activities of bank: structure and competence of its governing bodies, including executive, procedure for their education and adoption of decisions by them, including on questions on which decisions are made unanimously or by a majority vote,
- the size of the contribution granting the right of one voice at meeting of members of bank
- the provision concerning ensuring accounting and safety of documents, and also their timely transfer on the state storage in the procedure established by State archive by reorganization, or liquidation of bank
- control of financial and economic activities of bank,
- procedure for liquidation and reorganization of bank,
- other provisions which are not contradicting the current legislation.
The charter of bank created in the form of joint-stock company except the provisions stated above shall contain the following data:
- type of joint-stock company (opened or closed),
- quantity, nominal value, categories (ordinary, nominal, exclusive) shares and types of the preferred shares placed by society
- shareholder rights - shareholders of each category (type),
- other provisions which are not contradicting the Law of the Republic of Tajikistan "About joint-stock companies".
In case of acquisition more than 5 percent of shares (shares) of bank as a result of one or several transactions by one legal entity or physical person, or group of the legal and (or) physical persons connected among themselves by the agreement, or group of the legal entities who are affiliated or dependent on the relation to each other founders of bank notify on it National Bank of Tajikistan by appendix to the petition for state registration of bank and licensing for banking operations of data on the property relations of participants (appendix No. 5). (3Kb In original language)
In case of acquisition by founders more than 20 percent of shares (shares) of bank, with the petition for registration are represented the petition for acquisition approval more than 20 percent of shares (shares) with application of documents specified in Item 29, of Chapter 4, of the Section I of this Instruction.
Founders of bank are forbidden to acquire shares, in case of their primary issue, at the price of less nominal.
The list of shareholders is attached to the charter of the bank created in the form of joint-stock company (appendix No. 9) which contains signatures and passport data of shareholders - physical persons, and also the signature of heads of shareholders - legal entities, certified by their seals. (3Kb In original language)
The charter shall be approved by meeting of founders and is signed by the chairman of the board of bank;
5) the business plan opening the strategy, the directions and scales of activities within the first three years of work, the marketing plan (forming of clientele of bank) and reflecting the list of questions according to appendix No. 6. (5Kb In original language)
The settlement balance and the plan of the income, expenses and profit of bank for the first three years of activities, separately for every year is applied to the business plan (appendices No. 7, 8); (9Kb In original language) (3Kb In original language)
6) the report about the preparatory activities held by founders according to the provided business plan;
7) list of founders of bank (appendix No. 9); (3Kb In original language)
8) the list of members of council of bank and the list of board members of bank, with indication of chairmen and their deputies, containing data on complete name and the address of each person, signed by the chairman of the board of bank;
9) the copy of the payment order with mark of National Bank of Tajikistan, about payment for registration of bank. Payment is made from the account (accounts) on the main activities of the founder (founders). Payment for registration of bank by the legal entities and physical persons which are not his founders is not allowed;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.