الترخيص لفروع المصارف الأجنبية و آثاره القانونية

الملخص EN

The topic of international banks branches licenses and their legal consequences is considered a significant issue in economic systems in which it plays an active role in the host country's banking sector, as its operations grow in comparison with local banks.

Hence, the importance of the branches of foreign banks led to the establishment of the registration of the companies in compliance with the formalities followed by and required by the Central Bank, after fulfillment of the conditions and specifications of Banking Law and Central Bank Regulations and the acquisition of a registrar's license.

Since the foreign investor has the national citizenship of the Central Bank under the extension of its legal personality to the host country with the advantage of relatively independent activity, such as, the decentralized administration which permits, where necessary, the administration of a branch under the aegis of host country law in case the two contracted sides do not come into an agreement according to the supposed applicable law.

The thesis studies the foreign bank branches license and deals with procedures of licensing and its effects in two sections.

The first section is divided into two arguments.

The first argument deals with the definitions and the characteristics of branches of banks (objective and formal conditions).

The second studies the strategy of foundation and the procedures to get a license.

The second section of the thesis studies the consequences the licenses to the branches in two requirements.

The first discusses the presumptive identity of the branch.

The second requirement explains the activity of the branch according to the law which governs it.