The Law of the Republic of Armenia About Banks and Banking

Chapter 1. General Regulations

Article 1. Banks of the Republic of Armenia
Banks are independent economic subjects with authorities of a legal person, which have right to involve and distribute finances, and to realize other transactions determined by the legislation.
In their activities banks are independent from legislative and executive bodies and are controlled by this law, other legislative acts and regulations.
Governmental legislative and executive bodies that are not shareholders, are not allowed to participate in banks management, except the cases when the central bank of the Republic of Armenia assigns temporary administration or liquidation commission.
Banks are not responsible for liabilities of the government of the Republic of Armenia. The government of the Republic of Armenia is not responsible for liabilities of banks, except the cases when a bank or the government of the Republic of Armenia have taken such responsibilities.
The term "bank" and any expression composed of this term can be used in names of firms only by the organizations, that are registered by the central bank of the Republic of Armenia.

Article 2. The banking system of the Republic of Armenia.
The banking system of the Republic of Armenia includes the Central Bank of the Republic of Armenia, banks of the Republic of Armenia (joint-stock, cooperative, foreign and joint), branches of banks, representations, etc.

Article 3. Types of banks.
Banks are classified:

Specialized State banks can be created for financing of Republic and other programs, according to he order determined by the legislation of the Republic of Armenia.

Article 4. Bank associations
For coordination of their activities, protection of their rights, information exchange, preparation of specialists, creation of banking policy banks can be united into associations.
Banks are prohibited to use their associations during their banking transactions in order to gain monopolistic position, to create limits for rates of return and intermediary fees, and for competition.

Article 5. Bank regulations
A bank acts according to its regulations which are confirmed by the general meeting of its shareholders (participants).
Bank regulations should include:

Article 6. Bank transactions
A bank can fulfill the following transactions:


By the order of the Central Bank of the Republic of Armenia banks fulfill transactions concerning the cash service of the State budget.
Banks can realize the transactions defined in this article both with the official money of the Republic of Armenia and with foreign currency.
Banks can realize the transactions with foreign currency only if they have a license given by the Central Bank of the Republic of Armenia.
Banks can realize mediatory transactions with foreign currency only if they have a license, according to the legislation of the Republic of Armenia.
Banks are prohibited to realize transactions in spheres not connected with banks, and also in the sphere of insurance.

Chapter 2. The Order of Creation of banks and Elimination of Banks Transactions

Article 7. Bank founders, shareholders (participants)
Legal and physical persons both form the Republic of Armenia and from foreign countries, and also organizations which don't have the status of a legal person can participate in creation of the initial capital, exclusively consisting of their own money.
Deputy councils and their executive bodies, public, social and political organizations, charity and public funds cannot be founders, shareholders (participants) of a bank.
The size of a share of founders, shareholders (participants) should not exceed 35% of the initial capital of the bank.

Article 8. Documents, that should be presented to receive a license for banking transactions
Documents, that should be presented to receive a license for banking transactions are the following:

Article 9. The order of presentation of documents for getting a license for banking transactions
Banks fulfill their transactions based on the license given by the Central Bank of the Republic of Armenia confirming the right for banking transactions.
Documents for getting a license for banking transactions should be presented to the Central Bank of the Republic of Armenia by an open letter.
The Central Bank of the Republic of Armenia takes the petition of the founders in the case, if at the moment of presentation of the petition the minimum amount determined by the Central Bank of the Republic of Armenia (not less than 75% of the initial capital) is added to the initial capital of the bank.

Article 10. Additional documents, that should be presented to receive a license for banking transactions by foreign banks, joint banks, and branches of foreign banks
To receive a license for banking transactions by foreign banks, joint banks, and branches of foreign banks, besides the documents described in the Article 8 of this Law, it is necessary to produce the following documents:


To provide equal conditions for competition between all banks, the Central Bank of the Republic of Armenia can produce additional requirements to foreign banks, joint banks, to founders of joint and foreign banks, their shareholders (participants).

Article 11. Terms of consideration of petitions for licenses and the responsibility of the Central Bank.
Petitions for licenses are considered by the Central Bank of the Republic of Armenia within one month after receiving all documents provided by this law.
If the petition is not considered within this term then by the requirement of bank founders, for every day of delay the Central Bank of the Republic of Armenia pays fine equal to 0.01% of the initial capital.
The petition is said to be considered from the day the appropriate decision is sent to the founders of the bank.

Article 12. Reasons for refusal to give a license
The Central Bank of the Republic of Armenia can refuse to give a license in the case if the following reasons are present:

Article 13. Registration of a bank
Besides distributing licenses for banking transactions the Central Bank of the Republic of Armenia registers a bank and allocates to it a registration number.
A bank receives a status of a legal person from the moment of registration.
Banks cannot be registered in regional, city deputy councils.

Article 14. Bank departments, branches, representations, and the order of their creation
Banks, registered in the Republic of Armenia can found departments, branches and representations in the Republic of Armenia and abroad, which don't have the status of a legal person, and which are registered in the Central Bank if they are founded in the Republic of Armenia, and according to the legislation of the foreign country if they are founded abroad.
Representations search the financial market, make contracts and realize other similar functions, and are not authorized to make bank transactions.
Bank departments, branches and representations can realize bank transactions from the moment of their registration.
To register bank departments, branches and representations the following documents are necessary:

Article 15. Declaration of licenses as being invalid
Licenses of banking activities can be declared as being invalid by the Central Bank of the Republic of Armenia in the following cases:


The license can be declared invalid also in the cases determined by part 2 of Article 36 of the Law "About the Central Bank of the Republic of Armenia".
Banks, which licenses are declared invalid do not have right to fulfill banking transactions defined by this law and are liquidated according to their legal status.

Article 16. The obligation of banks to inform the Central Bank of the Republic of Armenia about changes in founding documents
Banks are obliged to inform within a month's period the Central Bank of the Republic of Armenia about changes in founding documents (including the size of the initial capital), attaching copies of the changed documents confirmed by notaries. If in the changed documents there are reasons described in Article 12 of this law, the license can be declared invalid according to part 2 of Article 15 of this law.

Article 17. Elimination of banking activities
Banking activities are eliminated by this law, by the Law "About the Central Bank of the Republic of Armenia", by banking regulations, and other cases defined by the Legislation of the Republic of Armenia.

Article 18. The order of complaining decisions of the Central Bank of the Republic of Armenia
Banks and their founders can complaint about the decisions of the Central Bank of the Republic of Armenia in the court or arbitrage.

Chapter 3. Provision of Financial Reliability of banks and Protection of Rights of Customers

Article 19. Observation of economic regulations by banks
In order to provide reliability and to protect rights of customers banks are obliged to observe economic regulations "About the Central Bank of the Republic of Armenia" defined by the Central Bank of the Republic of Armenia according to the Law of the republic of Armenia, and to create insurance and reserve funds.

Article 20. Banking (banking trade) secret
Banks guarantee secretness of deposits, accounts and transactions of their customers and banks (correspondent).
Publishing or otherwise informing about a banking secret causes responsibility determined by the legislation of the Republic of Armenia.
Bulletins about accounts and transactions of legal persons can be given to their superior bodies, court, arbitrage and investigating bodies in the case, if the documents of the legal persons are being investigated by these bodies, and also to the State Tax Agency for taxing matters.
Bulletins about accounts and deposits of citizens can be given to these citizens and to their legal representatives, and also to court and investigating bodies in the cases, when the financial means and other values (including stocks)of the citizens are arrested, fined or confiscated.
In the case of the death of a citizen information about his/her deposits and accounts can be given to the person (persons) mentioned in his/her will, to the State notary agencies for matters of inheritance, and to foreign consulting services.

Article 21. Arresting financial means and other values, their fining and confiscating
Financial means and other values in banks of the Republic of Armenia belonging to legal persons and to foreign and international organizations can be arrested only by decisions of courts or arbitrages, and can be fined only by executive documents given by courts or arbitrages, and also by the request of tax agencies, according to order, defined by the current legislation.
Financial means and other values in banks belonging to citizens can be arrested or fined only by decisions of courts or arbitrages.
Financial means and other values in banks belonging to citizens can be confiscated only by the decision of the court currently in force or by another order defined by the legislation of the Republic of Armenia.

Chapter 4. Relationships of Banks and Their Customers

Article 22. Depository, loan and other transactions between banks
Banks, by contracts, can deposit and distribute finances to each others in the forms of deposits and loans, and fulfill other transactions determined by their regulations.
In the case if a bank feels a shortage in financing customers or fulfilling other duties, the bank can turn to the Central bank of the Republic of Armenia to get loans. The order and the conditions of realization of these transactions are determined by the Central bank of the Republic of Armenia.

Article 23. Interest rates of loans of banks
Banks independently define the interest rates of loans and the size of mediatory fees.

Article 24. Contractual form of relationships of banks and customers
Relationships of banks and customers are contractual.
Customers independently choose banks for loan and cash services and can have one accounting deposit, and can be served in one ore more banks for all kinds of banking transactions.
In certain cases customers can have more than one accounting deposit by the agreement of the Central bank of the Republic of Armenia.

Article 25. Types of calculations
Banks fulfill calculations according to forms confirmed by the Central bank of the Republic of Armenia. If there is no form of calculations defined by the Central bank of the Republic of Armenia, banks have right to fulfill calculations in other forms common for the banking practice.

Article 26. Provision of timely repayment of loans
Banks can provide timely repayment of loans by pledge, guarantees and references, and also other forms of provision of duties common for the banking practice.
Banks can also give loans without any guarantees (blank loans).

Chapter 5. Saving Functions

Article 27. Bank depositors and the order of receiving deposits
In the Republic of Armenia savings of citizens can be deposited in special saving and other banks.
Banks independently define the conditions, basing on which they fulfill transactions of receiving deposits from the population.
Depositors can be citizens of the Republic of Armenia, foreign citizens and persons without citizenship.
Depositors are free to choose a bank, and can have account in one or more banks.
Depositors can dispose their deposits by their own will, receive profits in the form of interest rates or some other form proposed by the bank, and can realize operations with accounts.

Chapter 6. Making Inventories and Reports in Banks, Control Over Banking Transactions

Article 28. Making Inventories and Reports in Banks
The reporting period for banks is from January 1 to December 31.
Inventory making in banks is realized according to the order defined by the Central bank of the Republic of Armenia.
Within three months after the reporting period, banks make and publish semiannual and annual reports according to the order defined by the Central bank of the Republic of Armenia.
Semiannual and annual reports include the brief balance and calculations of profits and losses of the bank.
The annual report is confirmed by an audit organization.
The annual report is presented to all shareholders and interested persons.

Article 29. Control over banking transactions
Control over banks, registered on the territory of the Republic of Armenia is realized by the Central bank of the Republic of Armenia.
Banks are obliged to present statistic and other reports to the Central bank of the Republic of Armenia according to the order and terms defined by it.
Information received to realize control over a bank is looked upon as a secret.
The Central bank of the Republic of Armenia has right to revise the activities of banks and their foreign branches, without preliminary informing them about it.

Chapter 7. Peculiarities of Implementation of This Law

Article 30. This law does not control the activities of banks on the territory of the Republic of Armenia which have been created by international contracts of the Republic of Armenia.

Articles 20 and 21 concern also the Central bank of the Republic of Armenia.
President of the Republic of ArmeniaL. Ter-Petrosian

Yerevan
April 27, 1993