In the current economic conditions(CMI) has become quite a popular banking investment instrument. Many Russian banks offer their clients to open CHI in order to invest in precious metals. In this article, we will consider in detail the opening and maintenance of an impersonal metal account with Sberbank of Russia.
It is worth mentioning that Sberbank has been providing the service of opening CHI since 2002 and offers very attractive conditions for the investor. Besides the fact that Sberbank is the largest Russian bank with a huge branch network covering the entire territory of Russia, and the procedure for opening an unallocated metal account is very simple, then OMS in Sberbank becomes available to anyone.
At the choice of the depositor, an unallocated metal account can be opened in one of the precious metals: gold, silver, platinum, palladium.
The minimum amount of precious metal for opening and replenishing an account, as well as for making purchase and sale transactions is set at 0.1 grams for gold, platinum, palladium and 1 gram for transactions with silver.
Sberbank opens compulsory medical insurance "on demand" - such an account is not established mandatory period storage of metal on the CMA and allows the holder to make purchase and sale transactions at any time without any restrictions. The bank does not limit the holder to the maximum and minimum balance on an impersonal account: the maximum is not set, and the minimum is zero. This allows you to reduce the balance of an impersonal account to zero without the need to close the account.
An investor can open more than one OMS in the same name at Sberbank, but transferring funds from one OMS account to another is not provided. It is possible to transfer the disposal of an impersonal metal account to another person by issuing a notarized power of attorney to dispose of the account.
Sberbank allows you to open an impersonal metal account for a minor child (under 14 years old). The peculiarity is that the parents (legal guardian) have the right to replenish such an account, and debit transactions can be made only with the written permission of the guardianship and guardianship authority. From the age of 14 to 18, a minor can independently open a CHI and make debit transactions on it by contacting the bank with the written consent of one of the parents or legal representative.
The procedure for opening an impersonal metal account with Sberbank is quite simple. In most cases, an individual will need to show a passport and have cash or physical metal for a minimum contribution of 1 gram of the precious metal selected for CHI. Sberbank accepts, as already mentioned, physical metal in bullion as a contribution when opening a CHI, and an investor can also purchase depersonalized metal from a bank for cash rubles or bank transfer (by debiting funds from a current account or deposit account).
Opening an account for an individual is carried out on the basis of an agreement concluded with a bank for the opening and maintenance of CHI. In the course of the transaction, the funds or bullion provided by the depositor are exchanged for an impersonal precious metal at the exchange rate of Sberbank at the time of the transaction, and the OMS is credited in grams of the already impersonal metal. The investor receives a second copy of the agreement - the opening of the MLA is completed. In Sberbank, when opening an impersonal metal account, an additional savings book, which reflects the amount of purchased precious metal in grams. Opening and closing an impersonal account with Sberbank, as in most commercial banks, is free of charge.
Sberbank sets for individuals the following list of documents for opening an impersonal account:
For individual entrepreneurs scroll required documents to open the CHI includes:
Operations with depersonalized metal accounts of Sberbank involve the following actions of the account holder:
Compulsory medical insurance operations are carried out at the place of account opening, the ability to make credit and debit transactions in other branches of the bank must be clarified at the time of opening the account. Recently, investors in the Moscow branch have been able to purchase and sell precious metals in an impersonal form through the Sberbank Online@yn customer service system.
In the event of the closure of the CHI, the investor has the opportunity to return the savings in the following forms:
Kasatkin Anatoly Vitalievich
Specialist in civil and currency law, including in the field of legal problems of circulation of precious metals.
Was born on May 3, 1970 in Moscow. In 1993 he graduated from Moscow State Institute of International Relations with a degree in international relations, in 2001 he graduated from the Faculty of Law of the Higher School of Privatization and Entrepreneurship under the Ministry of Property of Russia. Since 1998 he has worked as a lawyer in various firms; at present - in the state unitary enterprise "Foreign economic association "Almazyuvelirexport".
Author of a number of publications on political science, theory international relations and law, including in 2000 - 2001: "Transactions with precious metals in the territory Russian Federation", "Foreign economic transactions with precious metals", "Responsibility for violations committed in the sphere of circulation of precious metals".
The practice of opening metal accounts, which has long been widespread in the world market of precious metals, in last years is increasingly being introduced in Russia. AT economic plan the use of such accounts allows participants in the precious metals market to quickly respond to price conditions and increase the efficiency of transactions. Technique for conducting operations on such accounts, questions accounting etc. are covered in sufficient detail in a number of works of domestic economists and financiers.<*>.
<*>See: Balabanov I.T. Precious metals and precious stones: Operations on Russian market. M.: Finance and statistics, 1998. P. 93 et seq.; Gold: Past and Present / Ed. IN AND. Bukato and M.H. Lapidus. M.: Finance and statistics, 1998. S. 214 et seq.; Organization of trade in precious metals: Applied manual. M.: INFRA-M, 1996. S. 141 et seq.Unfortunately, legal science lags behind in this area: the concept of a metal account agreement has practically not been studied by it. However, precious metals are a very specific object of civil circulation and, as such, do not attract much attention from Russian lawyers.
The metal account agreement is not named in the Civil Code of the Russian Federation; the concept of "metal account" is not mentioned either in the Federal Law of March 26, 1998 N 41-ФЗ "On Precious Metals and Precious Stones", or in other legislative acts. Normative - legal regulation of the regime of metal accounts is carried out exclusively at the sub-legislative level.
Thus, the Regulations on transactions with precious metals on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 1994 N 756 (as amended on December 1, 1998)<*>legal entities and individuals were allowed to carry out operations with precious metals bullion on special accounts opened with authorized banks (i.e. banks that have the appropriate permissions from the Bank of Russia) in accordance with accepted international banking practice. Authorized banks themselves received a similar right. In fact, the Regulations were talking about metal accounts.
<*> This document should be applied taking into account the norms of the Federal Law "On Precious Metals and Precious Stones" and Decree of the Government of the Russian Federation of November 25, 1995 N 1157 "On Additional Measures for the Development of the Market of Precious Metals and Precious Stones in the Russian Federation". For more details on the application of the 1994 Regulations, see: Kasatkin A. Transactions with precious metals on the territory of the Russian Federation // Legislation and Economics. 2000. No. 4.To develop this norm, Order No. 02-400 of the Central Bank of the Russian Federation dated November 1, 1996 enacted the Regulations on the Performance by Credit Institutions of Operations with Precious Metals on the Territory of the Russian Federation and the Procedure for Conducting banking operations with precious metals dated November 1, 1996 N 50, which is currently in force as amended on April 11, 2000 (hereinafter - Regulation N 50). At present, this is, in fact, the only normative act in the Russian Federation that regulates legal regime metal accounts<*>. In accordance with this Regulation, metal accounts mean accounts opened by credit institutions to clients for carrying out operations with precious metals. At the same time, such a credit institution must have a license from the Bank of Russia to carry out these operations.
<*>Other acts of the Central Bank of the Russian Federation relating to metal accounts establish mainly the procedure for compiling financial statements for such accounts. See, for example, Instruction of the Central Bank of the Russian Federation of December 6, 1996 N 52 "On the procedure for maintaining accounting for operations with precious metals in credit institutions" (as amended on November 30, 2000), Instruction of the Central Bank of the Russian Federation of October 24, 1997 g. N 7-U "On the procedure for compiling and submitting reports by credit institutions to the Central Bank of the Russian Federation" (as amended on December 28, 2000), etc.Metal accounts are divided into two types: depersonalized metal accounts and metal accounts for safekeeping.
Impersonal accounts are opened credit institution to account for precious metals without indicating their individual characteristics, as well as to carry out operations to attract and place these metals.
Safekeeping accounts are customer accounts for accounting for precious metals transferred for safekeeping to a credit institution while maintaining their individual characteristics (name, amount of metal, sample, manufacturer, serial number of the ingot, etc.).
Metal accounts are opened and serviced on the basis of agreements. At the same time, each of the specified types of metal account corresponds to its own type of metal account agreement. An analysis of the norms of the current legislation and banking practice allows us to propose the following definitions of these agreements.
Under an unallocated metal account agreement, one party (the bank) undertakes, for the remuneration stipulated by the agreement, to accept and credit precious metals to the account opened by the other party (client), take them into account in the quantitative characteristic of the mass without indicating individual characteristics, comply with the client’s instructions on the transfer of precious metals, issuing them from the account in physical form and carrying out other operations on the account provided for by law.
Under a metal account agreement for safekeeping, one party (bank) undertakes, for a fee stipulated by the agreement, to store precious metals transferred to it by the other party (client) in physical form, to account for such metals on the account opened for the client, preserving their individual characteristics (type of metal, quantity, sample, manufacturer, serial number of the ingot, denomination and year of minting of the coin, etc.), to fulfill the client's instructions on carrying out this account transactions provided for by law, and upon termination of the contract - safely return the precious metals to the client.
In both definitions, the word "legislation" is used in a broad sense, as the totality of all normative legal acts of the Russian Federation.
Let's take a look at each type of contract separately.
AT Russian science civil law there is no single approach in relation to the subject of the contract. Omitting the ongoing discussion on this issue as not directly related to the topic under consideration, we will use the main provisions of the doctrine of the subject of the contract, set out by O.S. Ioffe, M.I. Braginsky, V.V. Vitryansky and other domestic civilists. The subject of the contract should include, firstly, the actions that each of the obligated parties must perform, and, secondly, the object of such actions (the object of the contract).
Thus, the subject of the depersonalized metal account agreement will be:
Special mention should be made of the object. the federal law"On Precious Metals and Precious Stones" refers to the number of precious metals gold, silver, platinum and platinum group metals (palladium, rhodium, ruthenium, iridium and osmium) in any form and condition (in native, refined, in raw materials, alloys, semi-finished products , industrial, jewelry and other products, etc.). All types and states of precious metals, except for jewelry and household items and scrap of such items, are assigned by the Law of the Russian Federation of October 9, 1992 N 3615-1 "On currency regulation and currency control"to the number of currency values. Bank operations on metal accounts use refined ingots (containing 99.5% or more of precious metal) and coins containing precious metals. Thus, the object of the metal account agreement is currency values, and the legal relations of the parties under the agreement are regulated by the rules as civil and currency legislation, and the latter, in accordance with Article 141 of the Civil Code of the Russian Federation, is given priority.
Regulation N 50 allows you to keep depersonalized metal accounts only in four precious metals - gold, silver, platinum and palladium<*>. The account is opened separately for each metal. Accounting and operations on accounts are carried out using a quantitative characteristic of the mass of metal (for coins - quantity in pieces) and a cost balance estimate. At the same time, in accordance with international practice, operations with gold are carried out in quantitative units of the net mass of the metal, operations with silver, platinum and palladium - in quantitative units of the ligature mass of the metal.<**>.
<*>It should be noted that in most countries that are major operators in the global precious metals market (USA, UK, Germany, Switzerland, etc.), the legislation allows you to keep metal accounts in other metals (rhodium, iridium, ruthenium, osmium). Since the volume of world consumption of these metals is extremely insignificant and they are used mainly in industrial production, then metal accounts for them are opened not in banks, but in the largest firms - producers and consumers of precious metals.The subject matter of the contract is one of its essential conditions. In addition, to the essential terms of the contract par. 2 p. 1 art. 432 of the first part of the Civil Code of the Russian Federation refers to those that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
Neither in the law, nor in other legal acts, in the sense that they are understood in paragraph 6 of Art. 3 parts of the first Civil Code of the Russian Federation (i.e. decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation), the relevant essential conditions are not mentioned. However, in the Decree of the Government of the Russian Federation of June 30, 1994 N 756 authorized banks granted the right to make transactions with bullion on special accounts subject to the requirements of the Bank of Russia. Such requirements are set out in Regulation N 50. According to clause 9.4 of the Regulation, the depersonalized metal account agreement determines the operations carried out on this account, the conditions for crediting to the account and returning from the account of precious metals, as well as the amount and procedure for paying remuneration associated with maintaining the account, a change in the individual characteristics of precious metals during their crediting and issuance from an account in physical form and a deviation of the mass of metal listed on an unallocated metal account from the mass of metal to be returned from this account in physical form.
The fact that the listed conditions are essential is not directly indicated in Regulation N 50, but, given the undoubted imperative nature of the norm of clause 9.4, all the conditions contained therein are subject to mandatory inclusion in the depersonalized metal account agreement.
The conclusion of V.V. Vitryansky that the range of essential conditions necessary for unnamed contracts can be determined on the basis of the rules governing similar contractual obligations and applied in this case by analogy with the law<*>.
<*>Braginsky M.I., Vitryansky V.V. Contract law. Book. 2: Contracts for the transfer of property. M.: Statut, 2000. S. 446.ConsultantPlus: note.
Monograph M.I. Braginsky, V.V. Vitryansky "Contract Law. Agreements on the transfer of property" (Book 2) is included in information bank according to the publication - M.: Statut Publishing House, 2002 (4th edition, stereotypical).
According to paragraph 1 of Art. 6 of the Civil Code of the Russian Federation, the analogy of the law is allowed under three conditions, namely if:
It is quite obvious that the regulation of the metal account agreement by the current legislation (in the broad sense of this concept) cannot be considered satisfactory. The few customs of international banking practice that have developed in this area (for example, accounting for depersonalized gold in quantitative units of the net mass of the metal, and other metals - in quantitative units of the ligature mass) are already enshrined in the current Russian legislation in the form of legal norms.
In practice, issues not covered by legal acts and business customs, as a rule, are regulated by one of the parties (the bank) independently by developing for the other party (the client) standard conditions for an unallocated metal account agreement. Such standard contracts, however, cannot be considered variants of the accession agreement, because the parties seem to have the right to change certain contractual terms by mutual agreement (often this depends on the nature of the relationship between the bank and its client).
To the legal relations of the parties that remain outside the scope of their agreement, the analogy of the law should be applied. Here we run into a problem legal nature the contract under study.
In the legal literature, the opinion was rightly expressed that, in relation to depersonalized metal accounts, it is permissible to apply, by analogy with the law, the norms of Ch. 45 of the Civil Code of the Russian Federation on a bank account<*>to the extent that it does not contradict currency legislation <**>.
<*>See: Efimova L.G. Banking Transactions: Commentary on Legislation and Arbitration Practice. M.: INFRA-M, 2000. S. 73 - 74; She: Commentary on Art. 845 of the Civil Code of the Russian Federation ("Agreement bank account") // Commentary on the Civil Code of the Russian Federation, part two (item by article). 3rd ed., Rev. and added. / Edited by O.N. Sadikov. M .: INFRA-M, 1998. S. 409 The author also points out the admissibility of applying to the transfer of precious metals on unallocated metal accounts the norms of Chapter 46 of the Civil Code of the Russian Federation on cashless payments by analogy with the law.See: Efimova L.G.ConsultantPlus: note.
Commentary on the Civil Code of the Russian Federation (part two) (edited by O.N. Sadikov), included in the information bank according to the publication - M .: KONTRAKT Law Firm, INFRA-M-NORMA Publishing Group, 1997.
<**>See: Sapozhnikov N.V. Currency operations commercial banks: Legal regulation: A practical guide. M.: Yurist, 1999. S. 157.According to S.V. Sarbash, the essence of the bank account agreement lies in the fact that each of the parties acquires certain property benefits, the main of which for the client is the opportunity to receive the relevant bank services (for crediting, transferring, issuing money, etc.), and for the bank - the ability to use client's money<*>, guaranteeing the right of the client to freely dispose of these funds.
<*>Sarbash S.V. Bank Account Agreement: Issues of Doctrine and judicial practice. M.: Statut, 1999. S. 15.Similar, presumably, is the essence of the agreement of an impersonal metal account.
In addition, both contracts are united by the homogeneous nature of the legal relations arising between the parties. As in the case of non-cash funds, as well as in the case of impersonal precious metals, the client has not real, but obligation rights of claim against the bank, because a real right arises only in relation to individually defined things.<*>. Accordingly, to protect these rights of obligation, proprietary legal methods of protection cannot be applied.
<*>It should be noted that although the vast majority of researchers believe that non-cash funds are the object of obligations, but not real rights, there are also directly opposite opinions (see, for example, the works of O.M. Oleinik and L.G. Efimova).Like the bank account agreement, the depersonalized metal account agreement is consensual. The validity of the rights and obligations of the parties does not depend on whether there is an impersonal metal on the account or not. In particular, a situation is possible when, after the conclusion of the agreement, there will be no depersonalized metal on the metal account for some time.
As for compensation, the Russian civil law has not developed a unanimous opinion on this matter in relation to the bank account agreement<*>. However, the agreement of an unallocated metal account should be unequivocally recognized as paid, because this is indicated by the imperative norm of clause 9.4 of Regulation No. 50. All remuneration associated with the maintenance of unallocated metal accounts, in accordance with clause 9.9 of Regulation N 50, is calculated and paid in the currency of the Russian Federation.
<*>Some authors consider this agreement to be compensatory in all cases (see: Efimova L.G. Bank transactions ... S. 37; Sarbash S.V. Decree. Op. P. 15, etc.), others say that the agreement can be both paid and free of charge, depending on the agreement of the parties. See: Civil Law: Textbook. Part II / Ed. Yu.K. Tolstoy, A.P. Sergeev. M., 1997. S. 455; Commercial Law: Textbook / Ed. V.F. Popondopulo, V.F. Yakovleva. St. Petersburg: St. Petersburg State University, 1997. S. 318; Oleinik O.M. Basics banking law: Lecture course. M.: Jurist, 1997. S. 249 - 250; and etc.).The depersonalized metal account agreement is bilateral, because it gives rise to rights and obligations for both subjects of the legal relationship. The main obligated party, so to speak, is the bank, however, the client also has his own obligations, one of which - to pay the bank a fee - is included by us in the concept of the contract.
Returning in connection with what has been said to the question of the essential terms of the agreement, it should be noted that the analysis of the legislation governing the bank account agreement, as well as domestic doctrine, does not give grounds for including any other conditions in the list of essential and necessary conditions of the depersonalized metal account agreement, except for the conditions on the subject of the contract and those specified in clause 9.4 of Regulation N 50.
All other conditions, for example, on the duration of the contract, can become significant only if an agreement must be reached on them at the request of one of the parties (paragraph 2, clause 1, article 432 of the Civil Code of the Russian Federation).
The subjects of an unallocated metal account agreement are, on the one hand, a bank licensed by the Central Bank of the Russian Federation to carry out transactions with precious metals, and on the other hand, a client, which, according to Regulation N 50, can be any individual and legal entity, including another bank.
The legislation does not contain any special requirements for the form of the contract under study, therefore, one should be guided by general rules paragraph 1 of Art. 434 and paragraph 1 of Art. 161 of the Civil Code of the Russian Federation, providing for a simple written form for transactions legal entities among themselves and with citizens. In banking practice, an unallocated metal account agreement is drawn up mainly by drawing up and signing a single text, although another way is also possible. As noted in the Russian doctrine in relation to a bank account agreement, this method consists in the client submitting an application for opening an account (which is considered an offer) and a permissive inscription on the application of the head of the bank (acceptance)<*>.
<*>See, for example: Ioffe O.S. Soviet civil law: Certain types of obligations: A course of lectures. L., 1961. S. 390; Lieberman F.Kh. Settlement discipline in deliveries. M., 1973. S. 26; Efimova L.G. Banking transactions ... S. 39; Sarbash S.V. Decree. op. pp. 13 - 14, etc.We list the most important, it seems, the rights and obligations of the parties.
The bank is obliged:
The main right of the bank under the contract is to use the impersonal metal of the client. The bank also has the right to close the account and terminate the agreement if the client violates the established rules for using the account (for example, within the period specified in the agreement from the moment the account was opened, it does not take any action to attract precious metals to the account). The bank, however, is not entitled to close the account if it contains depersonalized metal.
Main responsibilities of the client:
The client has the right to give instructions to perform the specified operations, receive account statements, terminate the agreement in unilaterally Anytime. The client can grant the right to dispose of the precious metal located on the depersonalized account to third parties. At the same time, he is obliged to certify this right in a certain way in accordance with the agreement or existing banking rules.
The liability of the parties for non-fulfillment or improper fulfillment of their obligations under the unallocated metal account agreement is not regulated by the current legal acts. If this issue is not settled by the parties in the contract itself, then the following solution can be proposed.
A client paying remuneration to a bank in the currency of the Russian Federation is liable in accordance with the general rules of art. 395 of the first part of the Civil Code of the Russian Federation on liability for failure to fulfill a monetary obligation. As for the obligations of the bank, it is quite permissible to apply to them, by analogy with the law, the norm of Art. 856 of the second part of the Civil Code of the Russian Federation on the responsibility of the bank for the improper performance of operations on the account, and therefore, ultimately, the same art. 395 of the Civil Code of the Russian Federation, to which Art. 856. At the same time, interest for the use of an impersonal client's metal due to a delay in its crediting, transfer, etc. it is legitimate to accrue on the value of the retained precious metal, calculated at the price of the metal on the day when the obligation was to be fulfilled. The amount of interest can be set at the refinancing rate of the Central Bank of the Russian Federation, effective on the date of fulfillment of the obligation. The specified type and amount of liability are enshrined in a number of acts of the Bank of Russia establishing the rules for making various transactions with precious metals between the Bank itself and credit institutions (for example, Instruction of the Central Bank of the Russian Federation of October 7, 1998 N 376-U "On the procedure for the Bank of Russia to conclude purchase transactions - sales of precious metals with credit institutions on the territory of the Russian Federation" (as amended on November 30, 2000).
It should be noted that depersonalized metal accounts are also used to carry out a number of banking operations with precious metals, each of which, obviously, has its own contractual structure.
Such operations according to Regulation N 50 are:
Each of these transactions needs a separate analysis. For the time being, therefore, it is expedient to confine ourselves to the most general remarks.
When attracting precious metals to a deposit or a deposit, the opening of depersonalized metal accounts is mandatory. The ratio of an unallocated metal account agreement and a deposit agreement in precious metals is, in fact, similar to the ratio of a bank account agreement and a bank deposit agreement.
In accordance with Regulation N 50, in order to carry out operations to attract deposits and deposits, banks open two types of unallocated metal accounts for customers: urgent and on demand.
Attraction of precious metals in deposits to depersonalized metal accounts can be carried out in one of three ways:
Similarly, the return of precious metals from depersonalized metal accounts occurs:
The general rule on interest on deposits (deposits) in precious metals is that such interest is calculated and paid in the currency of the Russian Federation. However, unlike the remuneration paid by the client to the bank for the services of maintaining an unallocated metal account, interest on deposits in accordance with clause 9.9 of Regulation No. 50 can also be paid in precious metals, but only if this is specifically stipulated in the agreement between bank and account holder.
When concluding a loan agreement in precious metals, banks open another type of depersonalized metal accounts - special accounts for recording loans in precious metals issued to customers.
According to clause 9.8 of Regulation N 50, loans are provided by supplying precious metals to the client in physical form or to unallocated metal accounts in exchange for the obligation to supply precious metals after the expiration of the period established by the agreement. Loan repayment is carried out in the form of physical delivery of precious metals or by transferring precious metals from depersonalized metal accounts of the borrower. From what has been said, it clearly follows that only in one case - when issuing and repaying a loan with physical metal - the design of the loan agreement does not require the use of depersonalized metal accounts.
When banks make transactions for the purchase and sale of precious metals (under purchase and sale agreements, deliveries, commissions, instructions, etc.), unallocated metal accounts can be used both for crediting metal to the buyer’s account and for debiting metal from the seller’s account. These purchase and sale transactions may be accompanied by both the opening and closing of depersonalized metal accounts.
Let's consider such an example. The bank and the client conclude an agreement on an impersonal metal account, according to which an account in impersonal gold is opened for the client. However, from the fact of concluding an agreement and opening an account, depersonalized gold does not appear on the account. At the same time, the client does not have his own physical gold, nor depersonalized metal accounts for gold in other banks. Then the client concludes an agreement, for example, with the same bank on the supply of gold to his depersonalized account. The obligations of the parties under such a supply agreement will consist, respectively, in paying by the buyer (client) for the gold purchased from the bank and in crediting the supplier (bank) of the sold gold to the client's depersonalized metal account.
Or another example. The client wants to terminate the agreement of an impersonal metal account and close the account, however, the balance of an impersonal metal on the account does not allow withdrawing all the metal in physical form<*>or he simply does not need such a physical metal. At the same time, the client does not have depersonalized accounts in this metal in other banks. In this case, a purchase and sale agreement is concluded, according to which the client sells the rest of the metal on his account to the bank. The specified transaction allows the client to "zero" the balance of the metal on the depersonalized account and close it.
<*>Since standard and standard ingots are issued with a strictly defined weight, in order to be able to completely "zero" an anonymous account, the quantitative balance of the metal mass on the account must be a multiple of the mass of the smallest of the existing ingots.The subject of the metal account agreement for safekeeping includes:
Unlike an unallocated metal account agreement, under a metal account agreement for safekeeping, operations are carried out with physical metal in the form of ingots and coins. Ingots are understood as standard or measured ingots of Russian production that meet state standards in force in the Russian Federation, and foreign production that meet international standards quality, accepted by the London Bullion Market Association and the participants of the London Platinum and Palladium Market; under coins - commemorative, investment and other Russian and foreign coins, with the exception of coins that are the currency of the Russian Federation.
To account for metals on such accounts and conduct transactions with them, the following individual characteristics are usually used: for ingots - metal grade, serial number of the ingot, ligature mass (in grams), chemically pure mass of the base metal (in grams), sample; for coins - the type of metal, the denomination of the coin, its condition, the year of minting.
Obviously, without detailed description each transferred ingot (coin), allowing to identify him (her) among other similar ingots (coins), the contract should be considered not concluded.
Regulation N 50, which sets out a number of essential conditions that are imperatively included in an unallocated metal account agreement, does not contain similar conditions for a metal account agreement for safekeeping. True, there is another regulatory act of the Central Bank of the Russian Federation - Instruction of November 18, 1999 N 682-U "On the procedure for the conclusion by credit institutions of an agreement for the storage of precious metals and maintaining an account for safekeeping of precious metals in the Bank of Russia." Appendix 1 to this act contains the text of the named agreement, which is actually a version of the accession agreement, because its conclusion is possible only by signing the specified text by any credit institution. Nevertheless, this act concerns only the relationship between the Central Bank of the Russian Federation itself and commercial banks, and therefore for the latter the standard conditions contained in Appendix 1 are not mandatory when they conclude similar agreements with any legal entities and individuals. In the latter case, as in the case of an unallocated metal account agreement, banks independently develop standard terms of agreements for their clients.
The legal nature of a metal account agreement for safekeeping differs significantly from the legal nature of an impersonal metal account agreement. It seems that the contract under study is mixed and contains elements of storage agreements and a bank account<*>.
<*>This idea has already been expressed in the legal literature. See: Serebryakov I.P. Legal regulation of the circulation of precious metals // Actual problems civil law / Ed. M.I. Braginsky; Private Law Research Center; Russian school of private law. M.: Statut, 1999. S. 415.To understand how these elements relate to each other, it is important to emphasize that, in accordance with Regulation N 50, precious metals held on a metal account for safekeeping are not borrowed funds from the bank and cannot be placed by it on its own behalf and at its own expense. The client retains the right of ownership (i.e. right in rem) to the precious metals transferred to the bank. This is the fundamental difference between this type of agreement and an unallocated metal account agreement. Therefore, the main interest pursued by the bank when concluding such an agreement is not in the possibility of using the client's precious metals, as is the case with unallocated metal accounts, but in receiving payment for the provision of services for the storage of precious metals.
Exploring the storage agreement, M.I. Braginsky noted that if there are elements of storage in a mixed contract, two options are possible. At the first storage serves the main obligation of the party in the contract. In the second, on the contrary, one of the parties to the contract, in addition to the actual storage and in direct connection with it, undertakes to perform actions that are the subject of other contracts.<*>.
<*>Braginsky M.I. storage agreement. M.: Statut, 1999. S. 6.In this case, there is a second option. It is storage that is the main function of the bank when concluding a contract for a metal account for safekeeping.
This conclusion is confirmed by the previously mentioned normative act - Instruction of the Central Bank of the Russian Federation of November 18, 1999 N 682-U. The main obligation of the Central Bank of the Russian Federation under the agreement on storage and maintenance of the depository account of precious metals with the Bank of Russia is precisely to ensure the safety of precious metals transferred by the client (credit institution) for safekeeping, from the moment these metals are received in the vault of the Central Bank of the Russian Federation until the moment they are issued to the client. It is for storage that the Central Bank of the Russian Federation charges a fee from the client (0.05% per month of the cost of precious metals). The obligations of the Bank of Russia related to its maintenance of the escrow account (transfer of precious metals from the client's account to the accounts of other clients, crediting of precious metals to the client's account, issuing statements, etc.) are of an accompanying, auxiliary nature and are carried out free of charge.
In accordance with paragraph 3 of Art. 421 of the Civil Code of the Russian Federation to the relations of the parties under a mixed contract are applied in the relevant parts of the rules on contracts, the elements of which are contained in the mixed contract, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.
In this regard, it must be emphasized that the analysis of the norms of the Civil Code of the Russian Federation on storage and bank account applicable to the relevant elements of the mixed contract under consideration does not provide grounds for expanding the range of its essential conditions.
For example, the absence in the contract of a term condition can be made up according to the rules of clause 2 of Art. 889 of the second part of the Civil Code of the Russian Federation, which establishes that in this case the custodian (in this case, the bank) is obliged to store the thing (precious metals) until demand by its bailor (client).
The contract of a metal account for safekeeping, as well as the agreement of an impersonal metal account, should be recognized as paid and bilateral. Although in the legal literature far from all authors presume that storage is for compensation, and in the current legal acts there is no direct indication of the compensation of a metal account agreement for safekeeping (unlike an unallocated metal account agreement), nevertheless, to admit the possibility of the gratuitous nature of such an agreement would mean, as it seems , to come into conflict with its essence and the principle of paragraph 3 of Art. 423 of the first part of the Civil Code of the Russian Federation, according to which civil law contracts are assumed to be paid (especially, as in the case under consideration, when the contract is associated with the implementation of at least one of its parties (bank) entrepreneurial activity).
Unlike an unallocated metal account agreement, a metal account agreement for safekeeping is of a real nature, i.e. is considered concluded from the moment the client transfers individually defined precious metals in bars or coins to the bank. The model of a consensual storage agreement, provided for in paragraph 2 of Art. 886 of the second part of the Civil Code of the Russian Federation, as it should be assumed, is not applicable to the contract of a metal account for safekeeping, because a bank can hardly be called an organization that carries out storage as one of the goals of its professional activities.
The subjects of the contract of a metal account for safekeeping are the same as in the agreement of an impersonal metal account.
Like an unallocated metal account agreement, a safekeeping metal account agreement is concluded in a simple written form - mainly by drawing up and signing by the parties of a single text of the agreement. The conclusion of an agreement in the absence of such a text is also possible, but the following must be borne in mind. A client's application to open a metal account for safekeeping and acceptance of individually defined precious metals to this account, even if it has the bank's permission inscription on it, will not mean that the agreement has been concluded (unlike an unallocated metal account agreement). Since the contract under study is real, in order for it to be considered concluded, a document is required confirming the bank's acceptance of the transferred metals for safekeeping. As such, in accordance with the norm of paragraph 2 of Art. 921 of the Civil Code of the Russian Federation, which regulates the storage of valuables in a bank, there may be a registered safe document.
The main rights and obligations of the parties that make up the content of the metal account agreement for safekeeping include the following.
The bank is obliged:
The Bank has the right to terminate the agreement if the client violates the established rules for using the account. Since the elements of storage are predominant in the agreement, the bank has the right to use clause 2 of Art. 899 of the second part of the Civil Code of the Russian Federation and if the client fails to fulfill his obligation to take the precious metals back, including when evading their receipt, after a written warning to the client about the independent sale of precious metals. The proceeds are transferred to the client minus the amounts due to the bank, including its selling expenses.
The client is obliged:
The client's rights are similar to his rights under the depersonalized metal account agreement.
And in conclusion - about the responsibility of the parties under the contract.
Taking into account the arguments about the timing and procedure for performing operations on metal custody accounts, it is hardly legitimate to apply the norm of Art. 856 of the second part of the Civil Code of the Russian Federation. Rather, general rules on liability for failure to fulfill obligations (Article 393 of the first part of the Civil Code of the Russian Federation) can be applied here.
On the other hand, the main function of the bank under the contract is storage, so there is no reason not to impose on the bank the liability provided for in Art. 901 and 902 of the second part of the Civil Code of the Russian Federation (for loss, shortage or damage to the stored).
With regard to the responsibility of the client, it, given monetary character the main obligation of the client (payment for bank services), as in the case of an unallocated metal account agreement, may be regulated by Art. 395 of the first part of the Civil Code of the Russian Federation.
In any case, it should be emphasized that the presence of serious gaps in the legal framework governing the contract under study obliges the subjects of the contract to approach the development of the texts of the contract as carefully as possible, to include in them the maximum number of conditions that can be determined on the basis of mutual agreement of the parties. .
Gold is the best way to save your money. Currencies appeared and disappeared, but gold retained its value and increased the capital of the owner always.
From a modern point of view, precious metal is best tool diversification of reactionary risks if necessary to preserve capital. The downside of this approach in our country is the imperfect taxation system, which, through the bank spread and VAT, eliminates all the advantages of the precious metal as a currency. Therefore, in today's market banking services there was such a product as depersonalized metal accounts. This offer compares favorably with the purchase of "live" metal, due to the absence of financial losses in the manipulation of the product.
OMS in Sberbank - This is a regular account that stores data on nominally owned precious metals measured in grams. There is no information about the numbers of bars, the manufacturer and the sample, because if necessary, you can exchange the nominal metal for money in personal account. Verification of the subject of the transaction is not required, because the bank acts as a guarantor of the property belonging to the client.
If you are interested in questions: “How to invest in gold in Sberbank?” and "How profitable is this deal?" Let's look at the main details:
At financial actions with precious metals it is incorrect to talk about interest rate, after all, the deposit holder receives profit from a change in the price of the deposit itself. At the same time, the purchase of gold in Sberbank is provided with worthy support, since the online account of your account allows you to see the table of precious metals rates. Based on it, adjust transactions on the account and compare the profitability of actions with the metal.
Do not forget about the advantages of CHI over conventional accounts and "live metal":
Financial transactions performed with accounts of this type are no different from ordinary online transactions, with the exception of the minimum transaction step described above. You need to go to your account, select the OMS of interest and sell the metal with payment to the specified card. To carry out this transaction, you must:
Compulsory medical insurance in Sberbank allows you to produce an unlimited amount financial transactions account until it is closed. The owners of this deposit have no restrictions on the balance on the account, because the minimum is zero, and the maximum is not limited by anything.
Any depositor (investor) is always interested in the profitability and risks of a banking operation performed by him. To the question: “what to do to get the maximum profitability from CHI in Sberbank?”, there is one answer - to trade the difference in quotes of the metal you are interested in.
This approach hypothetically increases returns but introduces risks that are not suitable for long-term investors. Games on stock markets require knowledge and concentration, so most will be interested passive income, which the CHI will provide guaranteed.
NOTE! “On the main page of Sberbank in the section “Currency rates and quotes” you can find online calculator, which allows you to evaluate the profitability of the deposit based on past time periods"
The easiest way to close an account is to completely sell all the precious metal on it. After selling all the contents to the bank, stop using it, the account will automatically move to the closed section.
Please note that you can withdraw metal as ingots at a bank branch, while VAT and bank commission will be withheld from you, so it is easier to simply cash it out as a cash equivalent. With a profitable sale, it will be necessary to pay personal income tax, from which the client is exempt if the subject of the transaction has been owned for more than three years (you will have to go through the tax deduction procedure).
OPENING AND MAINTAINING ANIMALIZED METAL ACCOUNTS
poste restanteINDIVIDUALS IN CB "Alta-Bank" (CJSC)
Moscow 2011
1. Definitions, terms and concepts
Bank– Commercial Bank Alta-Bank (closed joint-stock company), acting on the basis of License for banking operations No. 000 issued by the Bank of Russia on September 30, 2010.
Client - an individual who has concluded or is concluding an unallocated metal account agreement with the Bank.
Application for opening an unallocated metal account (Application)– an application submitted by the Client to the Bank for the purpose of concluding an unallocated metal account agreement in the form of the Client's accession to the Rules as a whole. Standard form applications for accession to the Agreement, the procedure for its submission and storage are determined by the Bank unilaterally.
Anonymized metal account agreement (Agreement)– an agreement between the Bank and the Client, concluded by acceding to these Rules, according to which the Bank undertakes to accept and credit the Precious Metal incoming to the UMA, opened to the Client, to fulfill his orders on the transfer and issuance of the Precious Metal from the UMA.
A precious metal- a precious metal (gold, silver, platinum or palladium) accounted for in the compulsory medical insurance, having a quantitative characteristic of the mass of the metal and a cost balance estimate.
Rules– these Rules for opening and maintaining unallocated metal demand accounts of individuals with CB Alta-Bank (CJSC).
Impersonal metal account (OMS)– depersonalized metal account, opened by the Bank To the Client on the basis of the Depersonalized Metal Account Agreement for accounting for Precious Metal without specifying individual characteristics, as well as for carrying out transactions with it in the form of Precious Metal specified by the Client in the Application for accession to these Rules.
Precious metal ingots (ingots) – Russian-made standard or measured bars that comply with state and industry standards in force in the Russian Federation, and foreign-made bars that comply with international quality standards adopted by the London Association of Precious Metals Market Participants.
Tariffs– documents of the Bank, approved by its authorized body, establishing the amount of remuneration and commissions of the Bank charged by the Bank for the performance of CHI transactions and performance of other actions to fulfill the Agreement or in connection with it.
2. General provisions
2.1. These Rules define the procedure for opening, maintaining (servicing) and closing the Client's UMA and govern the relations arising in connection with this between the Client and the Bank (when jointly referred to as the Parties).
2.2. These Rules are standard and determine the provisions of the Agreement concluded between the Bank and the Client. The rules are a public offer. The conclusion of the Agreement is carried out by joining the Client as a whole and completely to the terms of these Rules in accordance with Article 428 of the Civil Code of the Russian Federation and is carried out by submitting an Application signed by the Client in the form established by the Bank ( Application to the rules). By signing the application, the Client confirms the fact of familiarization with the Agreement and agrees with its terms.
2.3. Opening and maintenance of the Client's OMS is carried out by the Bank in accordance with these Rules, Tariffs and the current legislation of the Russian Federation.
2.4. The Clients who have acceded to these Rules assume all obligations stipulated by the Rules in relation to the Clients, as well as the Bank assumes all obligations stipulated by the Rules in relation to the Bank.
2.5. In accordance with the current legislation of the Russian Federation, CHI is not included in the system of compulsory deposit insurance in banks of the Russian Federation.
3. Opening and maintenance of CHI
3.1. To open a CHI, the Client submits to the Bank an Application in two copies, other documents required for opening a CMA in accordance with the requirements of the Bank and the current legislation of the Russian Federation.
3.2. OMA is opened in the Precious Metal specified by the Client in the Application. OMA transactions are carried out in the Precious Metal in which OMA is opened.
3.3. The precious metal accounted for in the CHI has a quantitative characteristic of the mass of the metal and a cost balance estimate. Accounting for the amount of Precious Metal is carried out:
for gold - in grams of chemically pure mass;
for silver, platinum and palladium - in grams of ligature mass.
3.4. The minimum quantity of the Precious Metal for making transactions under compulsory medical insurance (transaction size) must be:
Gold 100 grams;
Platinum 100 grams;
Palladium 300 grams;
Silver 1000 grams.
3.5. The Client's UMA number is determined by the Bank and communicated to the Client no later than the business day following the day the Application is submitted with all necessary documents attached, the Bank takes the necessary measures to verify the Client's documents and open the UMA. The procedure for determining the CHI number is established by the Bank unilaterally. The second copy of the Application is returned to the Client with the Bank's notes on the opening of the CHI.
3.6. The following operations are carried out under the OMS:
3.6.1. Crediting the precious metal to the Client's MHI by:
a) non-cash transfer of Precious Metal from other depersonalized metal accounts of the Client opened with the Bank;
b) making a transaction for the purchase of Precious Metal from the Bank with the condition of its crediting to the CHI;
c) non-cash transfer of Precious Metal from other unallocated metal accounts of the Client opened with other credit institutions;
d) acceptance at the Bank of the Precious Metal for compulsory medical insurance in physical form;
3.6.2. Write-off of the Precious Metal from the CHI of the Client by:
a) non-cash transfer of the Precious Metal to another depersonalized metal account of the Client opened with the Bank;
b) withdrawal of the Precious Metal in physical form from the CHI;
c) conclusion of a transaction for the sale of Precious Metal to the Bank with the condition of its write-off from the CHI.
3.7. All operations under the Client's MHI (except for the cases specified in clause 3.10 of these Rules) are carried out solely on the basis of the Client's instructions in writing. Settlement documents necessary for carrying out the specified operation are drawn up and signed by the Bank.
3.8. Operations to write off the Precious Metal are carried out within the limits of the balance of the Precious Metal on the UMA.
3.9. For opening, servicing and carrying out operations under the CHI, the Client pays the Bank a fee, the amount of which is set by the Tariffs. The Client is familiar with and agrees with the cost of banking services and the terms of their payment, established by the Tariffs. The Bank has the right to make changes to the specified Tariffs unilaterally informing the Client by posting information on the Bank's website at www. *****.
3.10. The Client hereby grants the Bank the right to write off the Precious Metal from the UMA without acceptance (indisputable) in order to repay the interest due to the Bank and other debts of the Client to the Bank. The Bank sells the Precious Metal at the Bank's exchange rate on the day of the transaction without issuing an additional order from the Client.
3.11. CHI statements are provided to the Client (his representative under a power of attorney in the form established by the Bank) at his request when applying to the Bank, but not earlier than the next business day after the CHI transaction.
3.12. If it is impossible to execute the Client's order, the Bank notifies him of this within the working day following the day of acceptance of the order for execution, indicating the reasons in a form accessible to the Bank, including through the use of the Internet Bank system, telephone, facsimile, electronic connections.
4. The procedure for issuing the Precious Metal in physical form
4.1. When issuing the Precious Metal with CHI in physical form, the Bank is obliged to transfer to the Client's disposal the Precious Metal in standard or measured ingots. The Client is not entitled to require the Bank to issue Precious Metal bars with certain individual characteristics.
4.2. Withdrawal of the Precious Metal from the Client's UMA is carried out no later than 5 (Five) working days from the date of submission by the Client to the Bank of the relevant notification of the issuance of the precious metal in the form established by the Bank. The choice of specific bars to be issued to the Client is made by the Bank at its own discretion. At the same time, the Bank, based on the dimension of the ingots it has, undertakes to issue to the Client those of them, the total mass of which is closest to the mass of the Precious Metal specified in the relevant notification of the Client for the issuance of the Precious Metal.
4.3. The Bank issues the Precious Metal in bullion to the Client after the Client pays the Bank the value added tax (VAT) in the amount established by the current legislation of the Russian Federation, as well as the Bank's commission for the issuance of the Precious Metal in physical form with CHI in accordance with the Bank's tariffs, as well as when subject to the presentation by the Client of a passport or other identity document established by the current legislation of the Russian Federation.
Issuance of the Precious Metal with CHI is carried out with the obligatory execution of an act of issuance of valuables in the form established by the Bank, in two copies (one for each of the Parties) and the Bank transfers to the Client passports (their copies certified in the manner established by the Bank) and / or certificates for ingots manufacturer.
5. Operations for the purchase and sale of Precious Metal with delivery to the OMA / write-off from the OMA
5.1. The sale by the Bank of Precious Metal with delivery to the Client's UMA and the purchase by the Bank of Precious Metal with debiting from the Client's UMA is carried out according to the Client's instructions in the form established by the Bank, at prices established by the Bank. The Bank sets prices based on the current buying/selling prices of precious metals on the London precious metals market in US dollars and the current exchange rate of the US dollar against the Russian ruble.
5.2. Prices set by the Bank for the purchase of Precious Metal with UMA, as well as for the sale of Precious Metal with its delivery to UMA, do not include value added tax (VAT).
5.3. Acceptance and execution of the Client's instructions regarding CHI transactions is carried out in the working hours of the Bank's divisions, unless otherwise indicated on the Bank's website www. *****
5.4. After the purchase/sale of the Precious Metal, the Client bears the risk of losses caused by changes in market prices for precious metals.
6. The procedure for calculating interest on the balance of the Precious Metal on the CHI
6.1. The Bank may charge interest, the amount of which is set by the Tariffs of the Bank.
6.2. The interest calculation base is the actual number of calendar days in a year.
6.3. Interest on the balance of the Precious Metal is accrued daily in units of the mass of the precious metal deposited (for gold - the mass of chemically pure Precious Metal, for other types of precious metals - the mass in ligature).
6.4. The Bank pays the accrued interest on the 28th day of each month in units of the mass of the Precious Metal placed on the CHI or in Russian rubles at the accounting price of the Precious Metal of the corresponding type, established central bank Russian Federation. The method of payment of interest is established by the Tariffs of the Bank.
6.5. When paying the accrued interest in units of the mass of the Precious Metal placed on the UMA, the amount of interest paid is credited to the Client's UMA.
When paying accrued interest in Russian rubles, the amount of interest paid is credited to the Client's current account opened with the Bank, specified in the Client's order, which the Client submits to the Bank when concluding the Compulsory Medical Insurance Agreement.
6.6. If the interest payment date falls on a non-working, public holiday, the interest payment is made on the first business day following the business day.
6.7. The receipt of these interest by the Client will be recognized as his income and subject to mandatory taxation in the manner prescribed by the legislation of the Russian Federation.
7. Rights and obligations of the Parties
7.1. The Bank undertakes:
7.1.1. Guarantee the secrecy of CHI, CHI transactions, as well as information about the Client. Issue certificates on operations and CHI to the Client himself and/or his representatives. State bodies and their officials to provide such information only in cases and in the manner prescribed by the legislation of the Russian Federation.
7.1.2. Fulfill the Client's instructions for crediting/withdrawing Precious Metal to/from UMA in accordance with the procedure established by the Rules.
7.1.3. Advise the Client on issues directly related to the service under the Agreement.
7.1.4. Inform the Client about the establishment of tariffs no later than 10 (ten) calendar days before the tariffs are put into effect in the form of information posted on the Bank's website www. *****.
7.2. The Bank has the right:
7.2.1. Refuse the Client to perform CHI transactions in the following cases:
If the Client fails to submit the documents required for the operation;
If the transaction is contrary to the compulsory medical insurance regime established in accordance with the legislation of the Russian Federation, including the Bank of Russia regulations, and the Rules.
The Client's Order has been issued in violation of the current procedure in the Bank;
The Client's Order contains incorrect details;
There is no or not enough Precious Metal to carry out the operation on the CHI;
The Client is in arrears in paying for the Bank's services.
7.2.2. Suspend the performance of CHI transactions in cases provided for by the legislation of the Russian Federation.
7.2.3. Write off the Precious Metal from the CHI without the Client's order in case of erroneous crediting of the Precious Metal to the CMA by the Bank, as well as on the basis of executive documents in accordance with the legislation of the Russian Federation.
In the event that the Client uses the erroneously credited Precious Metal, which resulted in insufficient balances on the UMA for its write-off without acceptance, the Bank has the right to require the Client to return the missing amount of the Precious Metal. In this case, the Client is obliged to return the specified amount of the Precious Metal no later than 10 (Ten) banking days from the moment the Bank makes such a request.
7.3. The client undertakes:
7.3.1. Deposit the precious metal into the CHI in the amount and in the manner prescribed by the Agreement on the day of signing the Agreement. Incomplete introduction of precious metal into the MLA is not allowed.
Dispose of CHI in accordance with the requirements of the legislation of the Russian Federation, Bank of Russia regulations and the Agreement.
7.3.2. Pay the Bank remuneration in accordance with the current tariffs of the Bank for the conduct and performance of operations under the CHI.
7.3.3. Notify the Bank in writing within 10 (Ten) calendar days after the issuance of UMA statements about the Precious Metal erroneously credited/debited from UMA. If no objections are received from the Client within the specified time limits, the transactions made and the balance of the Precious Metal on the UMA are considered confirmed.
7.3.4. Inform the Bank about changes in the data of the identity document, the address of the place of residence (stay) and other information submitted to the Bank when opening the CHI.
7.3.5. Independently calculate and pay to the budget the amount of tax on income from the purchase by the Bank for the currency of the Russian Federation of the Precious Metal listed on the CHI.
7.3.6. To carry out timely payment of the commission fee for performing CHI transactions in accordance with the Bank's Tariffs in force on the date of the transaction.
7.3.7. Notify the Bank at least ten working days in advance of the transfer of the precious metal held by the CHI as a pledge or other encumbrance.
7.4. The client has the right:
7.4.1. Replenish UMA with Precious Metal and spend Precious Metal with UMA by performing transactions provided for by the Rules. Debit transactions may be carried out within the balance of the Precious Metal on the CHI on the day of the transaction, taking into account the requirements of the Bank of Russia for the quantitative accounting of the Precious Metal.
7.4.2. As you perform operations on compulsory medical insurance, receive an extract on compulsory medical insurance without providing primary documents, as well as bank statements on issues related to the execution of the Agreement.
8. Procedure for making changes and additions to the Rules
8.1. The Bank has the right to unilaterally amend the Rules, Tariffs, including by approving new edition Rules, Tariffs.
For the changes made to the Rules, Tariffs, or a new edition of the Rules, Tariffs to come into force, the Bank is obliged to publish information about changes in information in accordance with clause 8.2. of these Rules.
8.2. In order to familiarize the Clients with the amendments and additions to the Rules and/or Tariffs, the Bank places the Rules and Tariffs on the Bank's website on the Internet www. *****.
8.3. In order to ensure guaranteed familiarization with the changes and additions made to these Rules and Tariffs, prior to the entry into force of such changes or additions, the Client is obliged to visit the Bank's website www. ***** for information about changes and additions made to these Rules, Tariffs.
8.4. Changes made to these Rules and Tariffs shall come into force after 10 (Ten) calendar days from the date of publication by the Bank, starting from the day following the day of publication, or from the day the changes (new edition) enter into force, if the corresponding date is indicated in published information.
8.5. Any changes and additions to the Rules, from the moment they come into force in compliance with the procedures of this section, apply to all persons who acceded to the Rules, including those who acceded to the Rules before the date the changes come into force. In case of disagreement with the changes or additions made to the Rules (new edition), the Client has the right to unilaterally refuse to execute the Rules in the manner provided for in section 11 of the Rules before the entry into force of such changes or additions.
9. Responsibility of the parties and the procedure for resolving disputes
9.1. The Bank is not responsible for the actions of unauthorized persons, including their performance of CHI transactions on behalf of the Client, committed by them before the Bank receives the Client's written notice of termination of authority.
9.2. The Bank shall not be liable for any damage caused to the Client as a result of: failure to provide or untimely submission by the Client to the Bank of information in accordance with these Rules; execution of the Client's Application issued by an unauthorized person, if, in accordance with the current legislation of the Russian Federation and these Rules, the Bank could not establish the fact that the Application was issued by a person not authorized by the Client; non-fulfillment by the Client of the conditions established by these Rules.
9.3. All disputes shall be resolved by the Parties through negotiations. If an agreement is not reached, disputes are submitted for resolution to the judicial authorities in the manner prescribed by the current legislation of the Russian Federation.
10. Force majeure circumstances
10.1. The Bank and/or the Client shall be released from liability for partial or complete failure to fulfill the obligations stipulated by these Rules, if it was the result of force majeure circumstances that arose after joining the Rules, as a result of extraordinary events that they could neither foresee nor prevent by reasonable measures. .
10.2. Force majeure circumstances (force majeure) will include hostilities, riots, natural disasters and strikes, decisions of state authorities and local governments that make it impossible to fulfill obligations under the Rules. Certificates (official documents) issued by the relevant competent authorities will serve as proper evidence of the existence of circumstances.
10.3. If it becomes impossible for the Bank and/or the Client to fulfill the obligations stipulated by the Rules, then the party affected by force majeure undertakes to notify each other within three days of the occurrence of force majeure circumstances and/or their termination.
11. The term of the Agreement and the procedure for its termination
11.1. The contract for opening and maintaining an Impersonal Metal Account is concluded for an indefinite period.
11.2. The Client has the right to terminate the Unallocated Metal Account Agreement at any time by submitting an application to the Bank for termination of the Unallocated Metal Account Agreement in the form established by the Bank. The Agreement is considered terminated from the day the Bank accepts for execution the Client's Application for termination, completed in accordance with the requirements of this paragraph and the current legislation of the Russian Federation.
11.3. From the date of acceptance by the Bank for execution of the Client's application for termination of the Agreement, the Bank stops accepting and executing the Client's orders for conducting UMA operations, completes the processing of previously received orders, and returns the Precious Metal balance on UMA to the Client in the manner specified by the Client no later than 7 (Seven) calendar days from the date of receipt by the Bank of the Client's application for termination of the Agreement.
11.4. The Client hereby instructs the Bank to close the UMA if there is no Precious Metal on the UMA, if there are no UMA transactions within one year and there is no UMA balance, without additional notice to the Client.
11.5. Termination of the Agreement is the basis for the closure of the MLA.
12. Additional terms
12.1. In the event of a change in the location and details of the Bank, the Bank notifies the Client about this by posting information on the official website of the Bank on the Internet.
12.2. Notifications, requests, messages, other documents and information, except for those specified in clause 12.1 of the Terms, shall be sent by the Parties to each other in writing in one of the following ways: email, registered mail (telegram) with notification, courier communication. The Bank sends the documents to the Client at the address indicated in the applications, instructions. The Client sends documents to the Bank at the address indicated on the official website of the Bank on the Internet.
12.3. In all other respects that are not expressly provided for by the Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
13. Location and details of the Bank
Location: Moscow, st. 2nd Brestskaya, tel. (4, TIN - , KPP - , BIK - (Russia), OGRN - , OKVED - 65.12, OKPO - , S. W.I. F.T. CODE - ALTKRUMM; http:// web. *****/, phone (4, ext. 251 )
CHI in the currency of the Russian Federation: Corr. OMS No. in the OPERA of the Moscow GTU of the Bank of Russia.
Compulsory medical insurance in US dollars: Corr. OMC No. at CITIBANK N. A. 399 Park Avenue, New York, NY 10043, S. W.I. F.T. CODE: CITIUS33.
CHI in Euro: Corr. OMS No. in VTB Bank(Deutschland) AG, FRANKFURT AM MAIN, GERMANY, S.W.I. F.T. CODE: OWHB DE FF.
