The Banking Activity – a Criterion for Differentiating Credit Institutions from Other Entities in the Financial Sector
The Banking Activity – a Criterion for Differentiating Credit Institutions from Other Entities in the Financial Sector

Summary/Abstract: Within the national legal order, as well as at the European Union level, credit institutions belong to the category which includes entities providing financial services. The activities allowed by the legislator to the credit institutions represent one of the elements causing interferences with different legal entities operating on the financial market. Of the two operations defining banking activities as the essence of their object of activity, the activity which involves granting credits is the one occasioning similarities, whereas the activity which involves attracting deposits is the one making the distinction. As a framework law, the article considers the Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy (Published in the Official Gazette no. 1027 of 27.12.2006, approved, amended and completed by Law no. 227/2007 for the approval of G.E.O. no. 99/2006, Official Gazette no. 480 of 18.07.2007, as subsequently amended and completed). Under these conditions, the author argues that credit institutions, Romanian legal persons, may be established and may operate in one of the following categories: banks; credit cooperative organizations (i.e. credit cooperatives and the central credit union); housing savings and credit banks; mortgage banks

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