Consideraţii privind regimul juridic al societăţilor bancare potrivit Regulamentului B.N.R. nr. 12/2020
Considerations regarding the legal regime of the banking companies according to the N.B.R. Regulation no. 12/2020

Summary/Abstract: The work aims to feature the essential aspects regarding the legal regime of banking companies, as the main form of credit institutions, set out by the Romanian National Bank (” RNB”) Regulation No. 12/2020 on the authorization of credit institutions and changes in their situation. This normative act, subordinated to the Government Emergency Ordinance (” GEO”) No. 99/2006 on credit institutions and capital adequacy, proceeded to concentrate the rules applicable to credit institutions in a single normative act (by repealing four previous RNB Regulations on banking companies), methodizing corresponding former articles, as well as the adoption of new solutions, able to adapt the legal regime of credit institutions to contemporary international commercial realities. The work is structured in three paragraphs. The first paragraph presents the regime of Romanian banking companies, including the following aspects: the three stages of the process for setting up and authorizing banking companies and related operations (approval of incorporation by the RNB, establishment as a Romanian legal entity, authorization for functioning issued by RNB, registration in credit institutions registry, rejection of the authorization application, withdrawal of the authorization); organization and functioning of banking companies (legal form, name, activities, headquarters, founders, share capital, organization and management, etc.); merger and division of banking companies; changes in the situation of banking companies (subject to RNB approval or notification). The second paragraph refers to the opening of branches by Romanian legal entities in third states. The third paragraph concerns the regime of branches of the banking companies from third states opened in Romania (establishment and authorization, organization and operation, changes in the situation of the branches).

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