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License to Operate Banking Business (For a branch of Foreign Commercial Bank)

ໃບອະນຸຍາດດໍາເນີນທຸລະກິດການທະນາຄານ (ສຳລັບສາຂາທະນາຄານທຸລະກິດຕ່າງປະເທດ)

General information
Name of formality License to Operate Banking Business (For a branch of Foreign Commercial Bank)
Type of formality License
Date of last modification 20.10.2020
Responsible Authorities Bank of Lao PDR
LSIC K - Financial and insurance activities
Who should complete this business formality?
Individuals, legal entities that intend to operate in a banking business
Qualifications needed by the business to get the formality
Individuals and legal entities can be the shareholders of a commercial bank during the establishment, but there must be one or more banks holding more than 50% of the total voting shares. For individuals, a person can hold no more than 10% of the total voting shares.

For the applicant that is a commercial bank:
1.	Operate the business for 3 consecutive years with profits and no accumulated loss;
2.	Must have sufficient, clear, and lawful sources of funds and have at least LAK40 trillion or equivalent to USD 5 billion in the proposed fiscal year;
3.	Must be rated BBB or higher by an international rating agency or obtained a good rating from a relevant authority;
4.	In case the applicant is a foreign bank, it must obtain permission from the relevant authority to invest in establishing a commercial bank in Lao PDR;
5.	Have a clear and realistic shareholder structure;
6.	Must be a legal entity that is suitable for obtaining a business license;
7.	Must not be on a blacklist for money laundering or terrorist financing

For the applicant that is a non-commercial bank legal entity: 
1.	Operate the business for 3 consecutive years with profits and no accumulated loss;
2.	Must have sufficient, clear, and lawful sources of funds and have no less than twice the value of the shares of the bank in the proposed fiscal year; 
3.	Have a clear and realistic shareholder structure; 
4.	Must be a legal entity that is suitable for obtaining a business license; 
5.	Must not be on a blacklist for money laundering or terrorist financing.

For the applicant that is an individual
1.	Must have sufficient, clear, and lawful sources of funds and have no less than twice the value of the shares of the bank in the proposed fiscal year; 
2.	In a case of being a majority shareholder, the individual must have the appropriate qualifications and experience to operate in the financial-banking business.; 
3.	Never held a criminal conviction for theft, fraud, embezzlement, forgery, bribery, corruption, money laundering, terrorist financing or other financial and monetary and monetary related crimes or drug trafficking; 
4.	Must be an individual that is suitable for obtaining an establishing license; 
5.	Must not be on a blacklist for money laundering or terrorist financing.
Additional Comment
The establishment of a commercial bank's branch must have a minimum registered capital of LAK300 billion

LEGAL FRAMEWORK
Name Number Date Comment
Law on Commercial Bank (Amended) 56/NA 07.12.2018 ""
Decisions on Commercial Bank and Branch Establishment 42/BoL 15.01.2016 ""
Decisions on the Commercial Bank Establishment and Management Fees 1034/BoL 21.11.2011 ""

REQUIRED DOCUMENTS FORMALITIES - First time
Name Type Comment
Specific Required documents for the appointed executives Confirmative act
                                                                        1. Curriculum Vitae in the Bank of Lao PDR specified format, qualification certificate, employment, experience, and professions certificate in the period of 5 (five) consecutive years of the executive (including the internal auditor) of the establishing bank
2. A copy of the ID card (color copy) and the original Criminal Record letter of the Lao National executive. For foreign executives, a copy of the passport (color copy) and a criminal record or similar documents (original copy) certified by the relevant authority.
3. Report on the Criminal Background or on the domestic and foreign criminals and negative information that any organization in both domestic and foreign found about the executive in the Bank of Lao PDR specified format. 
Application form in the Bank of Lao PDR specified format Confirmative act
                                                                         
Feasibility Study in the Bank of Lao PDR specified format Confirmative act
                                                                         
Appointment letter for the committee in charge of the establishment. In the case of designating the representative to be in charge of the establishment, the applicant must have a power of attorney in accordance with the law Confirmative act
                                                                         
Joint Venture Agreement or Bank Establishment Agreement Confirmative act
                                                                         
Proof of source of registered or investment capital Confirmative act
                                                                         
Letter of Consent to allow the Bank of the Lao PDR to inspect the source of funds to be invested in the establishment of the commercial bank, the financial position of the shareholders; Background Check for shareholders and executives Confirmative act
                                                                         
Draft regulations in the Bank of the Lao PDR specified format Confirmative act
                                                                         
Guidelines on accounting, risk management, internal audit, personnel management, product services, anti-money laundering and counter-terrorism financing, etc. Confirmative act
                                                                         
Document confirming the financial position of the shareholders, which has been audited by the external audit organization for past three consecutive years Confirmative act
                                                                         
Authorized letter from the relevant organization to establish a commercial bank in Lao PDR in accordance with the laws of the relevant country (for the foreign legal entities) Confirmative act
                                                                         
Resolutions of the shareholders' meeting, the Board of Directors or the authorized person of the applicant for the establishment of the branch or a bank under a group of commercial banks Confirmative act
                                                                         
Resolutions of the Board of Directors, shareholders' meeting or the person who has the authority of the business applicant on the approval of documents Confirmative act
                                                                         
Letter of appointment for the 1st batch branch director Confirmative act
                                                                         
Commitment Letter from the Bank's Head Office to fulfill its financial obligations on behalf of its branch located in Lao PDR Confirmative act
                                                                         
Specific Required documents for the legal entity applicant Confirmative act
                                                                        1. Certified documents for the financial position of the applicant, which has been audited by the external audit organization for the past 3 (three) consecutive years
2. Proof of sources of funds to establish the bank certified by the depository bank (for monetary sources) and certified by the relevant asset management authority (for the registered sources of tangible capital) and related transaction documents (for the unregistered sources of tangible capital).
3. Letter of consent for the Bank of Lao PDR to perform a background check on the sources of funds to establish the bank.
4. Certified document on the total shareholding structure of the applicant, including the actual beneficiaries of the shareholding.
5. Copy of the enterprise registration certificate including the business operating licenses of the applicant.
6. Copy of the applicant’s regulation.
7. Resolutions of the shareholders' meeting, the Board of Directors or the authorized person of the applicant for the establishment of the branch or a bank under a group of commercial banks
8. Authorized letter from the relevant organization to establish a commercial bank in Lao PDR in accordance with the laws of the relevant country (for the foreign legal entities)
9. Certified letter on the implementation of the security regulations from the authorized organization for a period of 3 (three) consecutive years (for legal entities that are foreign banks), in case the applicant is not rated by an international rating company.
10. Report on the Criminal Background or on the domestic and foreign criminals and negative information that any organization in both domestic and foreign found about the executive in the Bank of Lao PDR specified format. 

REQUIRED DOCUMENTS FORMALITIES - Renew
Name Type Comment
 
Mean of presentation
Means of presentation At the Authority Offices
Address of authority Bank of Lao PDR
Processing Time (Day(s)) 100 The period for considering the issuance of a temporary license is within 90 days and the period for issuing the permanent license for the establishment is within 10 working days if the applicant meets the requirements.
 
RENEWAL INFORMATION
Does the formality have a validity or an expiration date? NO
How long will the formality be valid for? (in months) 0
What is the process and conditions to get the formality?
What is the process and conditions to renew the formality?
 
ISSUING FEES
Has application fees? Service fees Certificate fees Application fees Total fees
YES 60000000.00 10000000.00 0.00 70000000.00
Comments
According to the recommendation of the authority
 
RENEWAL FEES
Has renewal fees? Service fees Certificate fees Renewal fees Total renewal fees
NO 0.00 0.00 0.00 0.00
Comments

                                                    
     
 

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