Какие виды банковских лицензий предусмотрены законодательством Республики Беларусь?
Now I have the full picture of the current Banking Code of Belarus (as amended, current wording):
- Article 93 "General Provisions on Licensing of Banking Activities": licenses are issued by the National Bank; the license lists banking operations the bank may conduct.
- The current version of the Banking Code (after the 2018 revision, Law of 18.07.2016 No. 149-З came into force... actually the big revision was Law No. 149-З dated 18.07.2016? Let me recall: The Banking Code was significantly amended by the Law of the Republic of Belarus of 18.07.2016 No. 149-З? Hmm. Actually the major amendments to the Banking Code were made by Law No. 220-З of 14.07.2014 and Law No. 149-З... I need to be careful. The key point: in the current version of the Banking Code, the division of licenses into internal, external, and general was abolished (this division existed in the old wording of Art. 90 — internal license, external license, general license). The old Article 90 "Types of banking licenses" listed:
Under the old version (before amendments of the Law dated 17.07.2006? no)... Historically, Article 90 of the Banking Code (as adopted in 2000) provided: "Banks may be granted: an internal license — granting the right to carry out banking operations in foreign currency... ; an external license — ... ; a general license — ..."
Wait, actually that's the Russian model (internal, external, general licenses for currency operations). Let me recall the Belarusian Banking Code's original Article 90 (in the wording of the Law of the Republic of Belarus dated 25.10.2000): I believe original Article 90 was "Activities of banks" or... hmm.
Actually, in the Russian Law "On Banks and Banking Activity" (Art. 13), licenses are: license for banking operations with funds in rubles, license with rubles and foreign currency, license to attract deposits of individuals, general license. In Belarus, the old wording of the Banking Code did not have such a division — the National Bank issued a "license to carry out banking activities" indicating the list of banking operations. The division into types existed in the old wording: Article 90 of the old version "Licensing..." Let me verify. I recall that the 2014 revision (Law No. 220-З) restructured articles. The current Chapter 12 "Licensing of banking activities" includes Articles 93–99:
- 93: General provisions on licensing of banking activities
- 94: Licensing requirements
- 95: Procedure for obtaining a license
- 96: Grounds for refusal
- 97: Grounds for suspension/reinstatement/revocation
- 98: Suspension and reinstatement
- 99: Revocation and its consequences
There is no article dividing licenses into types in the current wording. The National Bank issues a single type of license — a license to carry out banking activities — which indicates the list of banking operations the bank has the right to carry out.
But wait — the user's question about "types of banking licenses". The answer: under current legislation there is a single license (special permit) to carry out banking activities, issued by the National Bank, which indicates the list of banking operations. There is no division into internal/external/general (this division existed in the old wording of Article 90 of the Banking Code until 2014? Let me check the history).
Let me verify the historical wording. The Banking Code of the Republic of Belarus in the original wording, Article 90 "Grounds for carrying out banking activities"? Hmm. Actually, I recall the old Article 90 stated: "Banking activities are carried out on the basis of a license... Licenses are: with indication of the list of banking operations..." I'm not sure about the internal/external division in Belarus.
Let me check the etalonline article-97 anchor to see the full text of Article 93, and also check Article 8 of the Banking Code (banking operations list). Actually I already have Article 93's text.
To be thorough, I should verify whether the current legislation mentions any types. Also relevant: Article 14 of the Banking Code (banking operations and activities), Article 8 (bank definition, first part lists core operations: attracting funds, placing funds, opening and maintaining bank accounts). And Law No. 99-З? The Law "On the National Bank"? Not needed.
Also relevant: Decree No. 7? No — banking licensing is handled by the National Bank, exempt from the Law on Licensing? Under the Law of 16.10.2009 No. 32-З "On Licensing"? Actually, banking activities are licensed by the National Bank under the Banking Code, not under the Law No. 32-З (which lists licensing authorities; the National Bank licenses banking activities under special legislation).
Now, about types: The user may expect the answer that historically there were types (internal, external, general) under the old wording of Article 90 of the Banking Code (until the 2014 amendments by Law No. 220-З of 14.07.2014, in force since 21.10.2014? Hmm — actually I recall the old Art. 90 in the 2000 wording: "A bank may be granted an internal, external or general license"? No, that's not right either. Let me search the web to verify the old wording and whether "types of licenses" existed.
Actually, let me recall properly. The Banking Code of the Republic of Belarus, original wording (2000), Article 90 "Licensing of banking activities": "Banking activities are carried out on the basis of a license issued by the National Bank... The license to carry out banking activities grants the right..." I genuinely don't remember a division into types in the Belarusian code. The Russian Federation had that division.
However — there IS something: under the Banking Code, the National Bank also licenses "activities involving precious metals and stones"? That was moved to the National Bank at some point (Decree No. 440 of 01.10.2015? no...). Actually: "Activities involving precious metals and precious stones" is licensed by the National Bank? Yes! Since 2008-ish? Hmm: The Law of the Republic of Belarus "On Licensing" No. 32-З — Annex 1 lists types of activities licensed by ministries and other bodies; "activities involving precious metals and precious stones" — the licensing authority... I believe it's the National Bank (including for banks). Under Decree of the President No. 9 of 14.09.2003? Hmm.
Let me not go down a rabbit hole. The question: "What types of banking licenses are provided for by the legislation of the Republic of Belarus?" — the correct modern answer: The Banking Code provides for a single license to carry out banking activities (special permit), issued by the National Bank; it indicates the list of banking operations (Art. 93 part 5). For non-bank credit and financial organizations — also a license for individual banking operations (Art. 9, 14). Additionally, the National Bank licenses activities involving precious metals and precious stones when conducted by banks? Actually — the licensing of activities involving precious metals and stones was transferred to the National Bank per the Law of 31.10.2016? Hmm.
Let me do a quick web check on the current licensing by the National Bank of Belarus: "licenses of the National Bank: banking activities, activities involving precious metals and stones". I recall that per Article 26 of the Law "On the National Bank of the Republic of Belarus" (2000), the National Bank "issues special permits (licenses) for carrying out banking activities, as well as for activities involving precious metals and precious stones". Yes! Article 26 of the Law "On the National Bank": "carries out banking licensing... issues special permits (licenses) for carrying out banking activities and activities involving precious metals and precious stones". Something like that. Let me verify via legal-search for Article 26 of the Law "On the National Bank".
Also, historically: the division of banking licenses into types existed in the CIS/Russian law. In Belarus, prior to the 2014 amendments? Let me just verify with a web search for the old wording of Article 90. Actually, I can check the old wording: the Banking Code in the wording of 2000, Article 90 "Grounds..." — Let me search legal database for "Article 90 of the Banking Code types of licenses" — earlier search for "Article 90" returned Article 98/99 of the current code and Article 90 of the Maritime Navigation Code. The current Banking Code's article numbering: Chapter 12 starts at Article 93. In the old numbering (before the 2014 revision), Chapter 12 was "State registration of banks and licensing of banking activities" and included Articles 80–99? The old Article 90 "Procedure..."?
I'll do one legal-search for the Law "On the National Bank" Article 26 licenses, and one web search about types of banking licenses in Belarus / the old Article 90. Then compose the answer.
Actually — I now recall more concretely: the old wording of the Banking Code (before the Law of 14.07.2014 No. 220-З) contained Article 90 "Types of licenses"? Hmm, no. Let me think about what the old code said. The old code (2000, as amended until 2014) Chapter 12: Art. 80 State registration... Art. 84? Art. 90 "Banking license"? The old Art. 90 was "License to carry out banking activities" with parts: "1. A bank's banking activities... are carried out on the basis of a license... 2. The license to carry out banking activities grants the right..." I genuinely don't recall the internal/external/general division.
Hmm, but wait — I do remember that in Belarus, before the
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