Civil law. Opening and closing of personal accounts of the client Rules for execution of bank account agreements

Introduction

1.1 Types of bank accounts

2. Conclusion of the contract bank account

2.1 Drawing up a bank account agreement

2.2 Documents required for concluding a bank account agreement


Introduction

The definition of bank accounts is of practical importance, since it is precisely such accounts that are subject to the provisions established by law:

On the obligation of the bank to report to the tax authorities on the opening (closing) of accounts;

On the possibility of limiting the disposal of funds on accounts, and on levying a penalty on them;

On the need to draw up settlement documents for conducting operations on accounts;

On observance of the banking secrecy regime and other provisions.

In order to define a bank account, that is, an account to which the rules of Ch. 45 of the Civil Code of the Russian Federation, it is necessary to identify the signs of such accounts and thereby distinguish them from other accounts opened with banks.

Bank accounts are different the following signs.

Firstly, bank accounts are "cash" accounts, in other words, the object of bank accounts are non-cash cash.

This feature allows you to distinguish between the accounts in question from the accounts whose object is other assets. Examples of such accounts are accounts that hold precious metals: metal accounts, metal safekeeping accounts, unallocated metal accounts, as well as depo accounts, the object of which is securities.

Secondly, the basis for opening a bank account is an agreement, that is, an expression of the agreed will of the two parties. It should be noted that the initiative to conclude such an agreement comes, as a rule, from the client of the bank, who submits an application to the bank for opening a bank account.

Thirdly, a party to the contract can be credit organisation, the Bank of Russia, as well as organizations granted by federal laws the right to conduct a banking operation to open and maintain bank accounts.

Fourthly, the bank account reflects the bank's obligations to the client (client's claims to the bank). The volume of such obligations (claims) decreases or increases depending on whether the account balance decreases (when funds are debited) or increases (when funds are credited) as a result of transactions.

Fifth, the bank account regime provides for the bank to carry out settlement operations on behalf of customers. This sign allows you to distinguish bank accounts from accounts, the regime of which does not provide for settlement transactions. Examples of such accounts are deposit accounts (deposit accounts) and savings accounts.

Thus, when deciding whether to classify an account opened with a bank as a category of bank accounts, the above features of a bank account should be applied.

Based on this, it seems legally incorrect for some authors to classify such types of accounts opened with banks as deposit, loan, savings, and some other types of accounts as bank accounts.

conclusion of a bank account agreement


Economic entity This construction is quite simple: the bank uses the client's funds to multiply them, and the client simultaneously manages these funds through this bank. The bank pays the client interest for the use of funds, and the client rewards the bank for the commission of the assigned transactions.

2. By legal nature, a bank account agreement:

consensual;

compensated;

Bilateral.

The subject of the bank account agreement is the bank's actions to credit (accept) funds to the client's account and perform various types of banking operations at the request of the latter: transfer of funds to another account, settlement and cash services etc.

The bank account agreement is traditionally considered consensual. Therefore, a situation is possible when, after the conclusion of the contract, a zero balance will remain on the account for some time. This agreement is bilaterally binding, since it gives rise to rights and obligations for each party to the legal relationship. It is concluded by banks in the course of their business activities. For this reason, the bank account agreement should be considered compensatory. The bank account agreement is a type of accession agreement.

The parties to the bank account agreement are the bank (non-bank credit institution) and the client. Bank (non-bank credit institution) - any credit institution that has received a license from the Bank of Russia for the right to carry out banking operations, as well as the Central Bank itself Russian Federation.

Client - any person (the state, Russian and foreign legal entities and individuals, stateless persons) who uses the services of the bank to open and maintain accounts and perform settlement transactions.

According to the bank account agreement, the bank is obliged to timely and correctly perform settlement and cash transactions on behalf of the client, pay the client for the balance of funds in his account and keep banking secrecy.

Under a bank account agreement, the client is obliged to pay the bank a fee for settlement and cash services and provide cash coverage for the settlement cash transactions.

The bank's obligations to fulfill the instructions of the client (account holder) to transfer funds from the account and conduct other operations on the account (including collection settlements) constitute the content of its obligation under the bank account agreement.

Thus, it is the obligations of the parties arising from the bank account agreement that include in their content the right of the account holder to give the bank instructions to transfer (receive) funds from the account (to the account) and to carry out other operations on the account, as well as the bank’s obligation to fulfill such orders (clause 1 of article 845 of the Civil Code). A bank that has received an order from a client (account holder) has the right to entrust the fulfillment of its obligation to other banks (clause 1 of article 313 of the Civil Code) by involving them in the relevant banking operation.

A necessary condition for the acceptance by the bank of a payment order is its compliance with the requirements for the content and form of the payment order. Such requirements are established by the Central Bank of the Russian Federation and are currently determined by the rules of Regulation N 2-P.

1.1 Types of bank accounts

According to chapter 2 of the Instruction of the Central Bank of the Russian Federation dated September 14, 2006 No. 28-I, banks open in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; correspondent accounts; correspondent sub-accounts; trust management accounts; special bank accounts; deposit accounts of courts, service units bailiffs, law enforcement agencies, notaries; deposit accounts.

Current accounts are opened for individuals to carry out settlement transactions not related to entrepreneurial activity or private practice.

Settlement accounts are opened for legal entities that are not credit institutions, as well as individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, to make settlements related to entrepreneurial activity or private practice. Settlement accounts are opened for representative offices of credit institutions, as well as non-profit organizations for making settlements related to the achievement of goals for which non-profit organizations created.

Budget accounts are opened in cases established by the legislation of the Russian Federation, to persons carrying out transactions with funds from budgets of all levels budget system Russian Federation and state off-budget funds Russian Federation.

Correspondent accounts are opened for credit institutions. The Bank of Russia opens correspondent accounts in foreign currencies.

Correspondent sub-accounts are opened for branches of credit institutions.

Trust management accounts are opened for a trust manager to make settlements related to trust management activities.

Special bank accounts are opened for legal entities and individuals in the cases and in the manner established by the legislation of the Russian Federation for the implementation of the operations of the corresponding type provided for by it.

Deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries are opened respectively for courts, divisions of the bailiff service, law enforcement agencies, notaries for crediting funds received for temporary disposal, when they carry out activities established by the legislation of the Russian Federation and in accordance with the legislation of the Russian Federation cases.

Accounts on deposits (deposits) are opened for individuals and legal entities to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of placed funds.


2. Concluding a bank account agreement

Different interpretation of the rules of paragraphs 1 and 2 of Article 846 of the Civil Code of the Russian Federation in practice led to conflicting conclusions about whether a bank account agreement is public. It seems to be a more correct point of view that a bank account agreement cannot be recognized as public on the following formal grounds. Art. 426 of the Civil Code of the Russian Federation contains two features of a public contract.

  • Contract for the provision of services
  • The concept and types of obligations for the provision of services
    • The concept of service obligations in civil law
    • Types of contractual obligations for the provision of services
  • The concept and conditions of the contract for the provision of services
    • The concept of a contract for the provision of services
    • Conditions of the contract for the provision of services
  • The content of the contract for the provision of services
    • Rights and obligations of the performer
    • Rights and obligations of the customer
  • Types of contracts for the provision of services
    • The system of contracts for the provision of services
    • Communication services
    • Medical and social services
    • Auditing services
    • Legal Services
    • Tourist and excursion services
    • Services Catering
    • Hotel services
  • Transport and forwarding obligations
  • concept transport obligations and transport legislation
    • The concept of a transport obligation
    • Grounds for the emergence of transport obligations
    • Transport legislation
  • Types of transport contracts
    • Contracts on the organization of cargo transportation
    • Contract for the carriage of goods
    • Contracts for the carriage of passengers and baggage
    • Towing contract
  • Contracts for the carriage of goods by various modes of transport
    • Contract for the carriage of goods by rail
    • Contract for the carriage of goods by air
    • Air charter agreement
    • Contract for the carriage of goods by sea
    • Contract for the carriage of goods by inland waterways
    • Contract for the centralized transportation of goods by road
    • Contract for the carriage of goods in direct mixed traffic
  • Liability for violation of transport obligations
    • Grounds for liability
    • Responsibility of the carrier for delay in delivery of goods
    • General and private accident
    • Responsibility of the shipper and consignee
    • Claims and lawsuits in transport obligations
  • Forwarding obligations
    • The concept and types of forwarding obligations
    • The contract as the basis for the emergence of forwarding obligations
    • Content and execution of the contract of transport expedition
    • Responsibility under the contract of transport expedition
  • Storage agreement
  • General provisions on storage agreement
    • Storage entity
    • The concept of a storage agreement
    • Subject of the storage agreement
    • Compensation of the storage agreement
    • Obligations of the parties to the storage agreement
    • Storage agreement form
    • Liability of the bailor
  • Warehouse storage agreement
    • The essence of warehouse storage
    • The concept and parties to the storage agreement in a warehouse
    • The subject of the contract for storage in a warehouse
    • Execution of a warehouse storage agreement
    • Drawing up a warehouse storage agreement
  • Special types of storage obligations
    • Storage in a pawnshop
    • Storage in commercial bank
    • Storage in the storage rooms of transport organizations
    • Hotel storage
  • Contracts of agency, commission and agency
  • Contract of agency
    • concept legal services
    • The concept of an agency contract
    • Content and execution of the contract of agency
    • Termination of the agency contract
  • Commission agreement
    • The concept of a commission agreement
    • Contents of the commission agreement
    • Execution of the commission agreement
    • Termination of the commission agreement
    • Certain types of commission agreement
  • Agency contract
    • The concept of an agency agreement
    • The content of the agency agreement
    • Execution and termination of the agency agreement
  • Property trust agreement
  • The concept of trust management of property
    • Trust management as an institution of the law of obligations
    • Subjects of trust management relations
    • Objects of trust management
  • The content and execution of the contract of trust management of property
    • The concept and content of a trust management agreement
    • Execution of the trust management agreement
    • Termination of the trust management agreement
  • Trust management securities
    • Securities trust management agreement
    • Trust management agreement for federally owned shares
  • Insurance obligations
  • The concept and meaning of insurance
    • insurance as economic category
    • Historical evolution of insurance
    • Insurance legislation
  • The concept and system of insurance obligations
    • The concept of insurance obligations
    • Insurance liability forms
    • Types of insurance obligations
  • Participants of the insurance obligation
    • Insurer
    • Associations of insurers
    • Mutual insurance companies
    • Insurance agents and insurance brokers
    • Beneficiary and insured person
  • insurance contract
    • Concept and types insurance contract
    • The form of the insurance contract. Insurance policy
    • Insurable interest
  • Content and fulfillment of the insurance obligation
    • Obligations of the insured
    • insurance risk
    • Insurance case
    • Obligations of the insurer. Sum insured
    • Fulfillment of insurance obligations
    • Subrogation
    • Release of the insurer from the obligation to provide insurance payments
    • Liability of the Parties for Violation of Insurance Obligations
    • Termination and invalidity of insurance obligations
  • Property insurance obligations
    • Property insurance obligations
    • Concepts and types of insurance obligations civil liability
    • Non-contractual liability insurance obligations
    • Liability insurance obligations
    • Business risk insurance obligations
  • Obligations for personal insurance
    • Types of personal insurance obligations
    • Life insurance obligations
    • Accident and sickness insurance obligations
    • Health insurance obligations
  • Loan, credit and financing agreements against the assignment of a monetary claim
  • Loan agreement
    • The concept of a loan agreement
    • Content and performance of the loan agreement
    • bill of exchange
    • Bond
    • Other types of loan agreement
  • Loan agreement
    • concept loan agreement
    • Content and performance of the loan agreement
    • Separate types of loan agreement
    • Commodity and commercial credit agreements
  • Financing agreement against the assignment of a monetary claim
    • The concept of factoring
    • The concept of a financing agreement against the assignment of a monetary claim
    • Contents of the financing agreement against the assignment of a monetary claim
    • Execution of a financing agreement against the assignment of a monetary claim
  • Bank account agreements and bank deposit
  • The concept of a bank account agreement
    • Definition and legal nature of a bank account agreement
    • Subjects of the bank account agreement
    • Conclusion of a bank account agreement
    • Termination of the bank account agreement
  • Content and performance of the bank account agreement
    • Rights and obligations of the parties to the bank account agreement
    • Withdrawing funds from a bank account
    • Responsibility of the bank under the bank account agreement
  • Types of bank accounts
    • Bank account system
    • Current accounts
    • Special Accounts
  • The concept of a bank deposit agreement
    • Definition of a bank deposit agreement
    • Legal nature bank deposit agreements
    • Parties to the bank deposit agreement
    • Bank deposit agreement form
  • Content and performance of the bank deposit agreement
    • Contents of the bank deposit agreement
  • Types of bank deposits

Conclusion of a bank account agreement

According to general rules on the form of transactions, the bank account agreement must be concluded in a simple written form. A bank account agreement cannot exist verbally.

According to paragraph 1 of Art. 846 of the Civil Code, when concluding a bank account agreement, a bank account is opened for a client or a person indicated by him on the terms agreed by the parties. The procedure for opening a bank account is determined by banking rules. According to paragraph 2.1 of the Instruction of the State Bank of the USSR dated October 30, 1986 N 28 "On settlement, current and budget accounts in institutions of the State Bank of the USSR", in order to open settlement, current and budget accounts, an application is submitted to the bank for opening an account specifically prescribed form, which is signed by the head and chief accountant of the account holder, and other documents (document on state registration, copies of constituent documents, a card of a specially established form with samples of signatures and seals, etc.). The account is opened by a permission inscription on its opening on the application of the client, affixed by the executive body of the bank (director, president, etc.).

The legal meaning of the client's application for opening an account and the authorization letter for opening it differ depending on the method of concluding a bank account agreement. In the event that the parties sign a single document, the client's application for opening an account and the authorization inscription on its opening should be considered as actions of its participants in fulfilling mutual obligations arising from an already concluded agreement.

If a bank account agreement is concluded by exchanging documents, then such an application with the relevant documents attached is an offer, i.e. a proposal to conclude a bank account agreement, and a permissive inscription on opening an account, affixed by the executive body of the bank, represents consent to the proposal to conclude an agreement (acceptance).

This situation is currently extremely rare (practically only when opening some currency accounts). According to the established banking system practice, the bank and the client conclude a bank account agreement by drawing up single document signed by both parties. The rights and obligations of the parties under the bank account agreement arise regardless of whether the client has deposited funds into an open account. Another provision may be determined by law (deposit accounts in accordance with Article 834 of the Civil Code) or by agreement of the parties.

In accordance with paragraph 2 of Art. 846 of the Civil Code, the bank is obliged to conclude a bank account agreement with a client who has applied with an offer to open an account on the conditions announced by the bank for opening accounts of this type, which meet the requirements provided for by law and the banking rules established in accordance with it.

He does not have the right to refuse to open an account, the performance of relevant operations for which is provided for by law, the constituent documents of the bank and the permission (license) issued to him, except in cases where such a refusal is caused by the bank’s inability to accept banking services or permitted by law or other legal acts. In case of unreasonable evasion of the bank from concluding a bank account agreement, the client has the right to present him with the requirements provided for in paragraph 4 of Art. 445 GK.

Imposing on the bank the obligation to conclude a bank account agreement with the client, as well as providing last right submit to the bank the requirements provided for in paragraph 4 of Art. 445 of the Civil Code, allowed in theory to formulate a conclusion about the publicity of the bank account agreement. However, this agreement cannot be recognized as public, since the bank cannot provide the same conditions of service to all customers due to differences in legal regime accounts.

It also seems that it should not establish exactly the same conditions within each type of account, since clients hold different amounts of money in the account. In addition, the volume of operations performed by the bank in the interests of the account holder also differs. All this indicates that the bank should have the right to a differentiated approach to the issues of crediting an account, paying its expenses for performing operations on the account, setting interest for using the bank's funds on the account, etc.

In this regard, the rules established by Art. 426 GK. A similar position is taken by judicial and arbitration practice. According to paragraph 1 of the resolution of the Plenum of the Supreme Arbitration Court Russian Federation of April 19, 1999 N 5 "On some issues of the practice of resolving disputes related to the conclusion, execution and termination of bank account agreements" when concluding this agreement, a client opens a bank account on the terms agreed by the parties.

Only in the case when the bank, on the basis of the current legislation, as well as banking rules, has developed and announced a bank account agreement of a certain type, containing the same conditions for all applicants (the price of bank services, the amount of interest paid by the bank for the use of funds in the client’s account, etc.), a bank in accordance with par. 1 p. 2 art. 846 of the Civil Code is obliged to conclude such an agreement with any client who has made an offer to open an account on the specified conditions. The bank's refusal to conclude such a bank account agreement is allowed only in the cases established by par. 2 p. 2 art. 846 GK.

Account opening. The Bank concludes a bank account agreement with the client who has applied with such an offer, on the terms and conditions announced by the Bank for accounts of this type. These conditions must comply with the requirements of laws and banking rules.

According to the bank account agreement (both in rubles and in foreign currency), the bank:

undertakes to accept and credit to the account opened by the client, the funds received in his favor;

· undertakes to fulfill the client's instructions on the transfer and issuance of the relevant amounts from the account and the performance of other operations on the account;

· can use the funds available on the account, at the same time guaranteeing the client the opportunity to freely dispose of the funds on the account;

· is not entitled to determine and control the ways in which the client uses the money in his account, establish other restrictions not provided for by law or the contract on his right to dispose of his funds at his own discretion (with the exception of the disposal of accounts of budgets of various levels, the regimes for which are established by separate regulations).

In practice, they use standard forms bank account agreements, usually containing the basic requirements for agreements of this kind. The Bank, in agreement with the client, may supplement the terms or otherwise change standard contract. In addition, the parties usually enter into (in writing) additional agreements that are considered as integral parts of the main contract.

The client indicates in the contract his full name in accordance with the constituent documents. An abbreviated abbreviation can only be used after the full name is indicated.

The agreement includes:

Preamble to the treaty

Procedure for opening and maintaining an account

Rights and obligations of the bank– One of the most important points of the contract is the condition on the timing of transactions on the account. According to Art. 849 of the Civil Code of the Russian Federation, the bank is obliged to issue or transfer money from the client's account no later than the day following the day the bank receives the corresponding payment document, unless other terms are provided by law, banking rules issued in accordance with it or by the agreement.

Rights and obligations of the client

Other conditions– the section of the contract "Other conditions" by agreement of the parties can be expanded to additional agreement of the parties.

Additional agreements to the contract

The agreement is signed by the parties after the bank receives all the documents necessary for opening an account and enters into force from the date of its signing (unless a different period is specified in the agreement itself). The correctness of the package of documents submitted by the client, the bank checks on the basis of legal norms and the requirements of the Central Bank.

The account for the client is opened on the basis of the permission inscription of the head of the bank on the application of the client.

Bank account agreement (excluding budget accounts):

· is concluded, as a rule, for a period of 1 year from the date of entry into force and is automatically extended for the next period, if upon expiration of its validity neither party has declared its termination;

Can be terminated at the request of the client at any time, and at the request of the bank - judicial order in cases:

When the amount on the account is below the minimum amount stipulated by the banking rules or the agreement, and it has not been restored within a month from the date of the bank's written warning about this;

In the absence of transactions on the client's account during the year, unless otherwise provided by the agreement.

The Bank, in agreement with the client, sets the minimum amount of the account balance (with the exception of budget accounts), and also determines the period after which, in the absence of operations on the account, the bank may require judicial termination of the bank account agreement. The grounds for terminating a bank account agreement may also be the general conditions for terminating obligations provided for in Chapter 26 of the Civil Code.

Termination of the bank account agreement is the basis for closing the client's account.

Bank notification tax office about opening an account for a client . After opening any account for a client, the bank immediately, within 5 working days, sends to the tax authority that issued the client a certificate of registration or a certificate of acceptance of his intention to open an account, account opening notice.

Issuing an invoice when the legal status of an organization changes. When changing the legal status of a legal entity or in connection with its reorganization (merger, accession, division, separation, transformation), a new account is opened for the client. At the same time, a complete package of documents necessary for opening this type of account is submitted to the bank.

Formation of a package of documents when a client opens several types of accounts.

Responsibility of the bank for violation of the rules for conducting settlement and payment transactions . In cases of untimely transfer to the client's account of the money received in his address or their unreasonable write-off by the bank from the account, as well as failure to comply with the client's instructions to transfer or issue funds from his account, the bank is obliged to pay interest on this amount in the amount existing at the client's location on the day of execution monetary obligation rate bank interest(or its corresponding part) for each day of delay, unless otherwise provided by law or contract. The amount of the bank's liability for breach of its obligations is established by agreement of the parties.

Termination of the contract and closing of the bank account . The bank account agreement can be terminated and the bank closes the legal entity's account at the request of the client - at any time, and on its own initiative - on the basis of a relevant court decision.

When applying to the court with a claim for termination of a bank account agreement, the bank, as a plaintiff, pays a state fee equal to 20 statutory minimum wages.

The balance of funds on the closed account is issued to the client or his legal successor or, at his direction, is transferred to another account (to another bank) no later than 7 days after receiving the corresponding written application from the client. In the absence of a successor, the specified balance after the court decision in accordance with current rules is credited to the corresponding personal account of the account "Other debtors and creditors".

Bank account agreement with clients sample 2018 free download sample form example form

Bank account agreement

Moscow "___" _________ 20__.

open joint-stock company"_______________" (abbreviated name of OJSC - "_______"), hereinafter referred to as the "Bank", represented by CEO __________, acting on the basis of the Charter, on the one hand, games. ______________, __________ year of birth, TIN - __________, passport ________________, issued on _________, OVD _____________, subdivision code _______, hereinafter referred to as the "Client", on the other hand, collectively referred to as the "Parties", have concluded this bank account agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Bank undertakes to accept and credit funds received to the account opened for the Client (account holder), fulfill the Client's instructions to transfer and issue the appropriate amounts from the account and conduct other operations on the account.

1.2. Write-off of funds from the account is carried out by the Bank on the basis of the order of the Client. Without the order of the Client, debiting funds on the account is allowed by a court decision, as well as in cases established by law.

1.3. Operations on the Client's account are carried out within the balance of funds on the account at the beginning of the business day.

Orders that cannot be executed due to insufficient funds on the Client's account are placed by the Bank in a file of settlement documents not paid on time and are subject to execution as funds are received on the Account.

1.4. The Bank's monetary claims against the Client related to the payment for the Bank's services, as well as the Client's claims against the Bank for payment of interest for the use of funds shall be terminated by offsetting.

1.5. This Agreement shall enter into force on the date of its conclusion and shall be valid until the end of the current calendar year. The client may at any time unilaterally terminate this Agreement by sending a written application to the Bank. Termination of the Agreement is the basis for closing the Account.

2. Rights and Obligations of the parties

2.1. The Bank undertakes:

2.1.1. open an account for the Client No. ________, account currency — ______________;

2.1.2. accept and credit funds received to the account opened for the Client;

2.1.3. fulfill the Client's instructions on transferring and issuing funds from the account and carrying out other operations on the account in strict accordance with the current legislation;

2.1.4. ensure the safety of funds received on the account of the Client;

2.1.5. timely inform the Client about changes in the rules for conducting settlements, the procedure for processing documents and other issues of settlement and cash services;

2.1.6. issue account statements to the Client or persons authorized by the Client in accordance with the procedure established by the Bank;

2.1.7. for the use of funds in the Client's account, pay interest in the amount usually paid by the bank on demand deposits;

2.1.8. inform the Client about the set-off of counterclaims no later than __ calendar days from the date of the set-off;

2.1.9. credit funds received to the Client's account, issue or transfer funds from the Client's account no later than the day following the day the Bank received the relevant payment document;

2.1.10. after the termination of the agreement, before the expiration of _______ calendar days after receipt of the relevant written application from the Client, transfer the balance of funds on the account to the account specified in this application.

2.2. The Bank has the right:

2.2.1. use the funds available on the account, guaranteeing the right of the Client to freely dispose of these funds;

2.2.2. require the Client to provide the documents necessary for the Bank to carry out mandatory control in accordance with the requirements of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” dated 07.08.2001 N 115-FZ;

2.2.3. check that the Client complies with the procedure for conducting cash transactions and the conditions for working with cash;

2.2.4. The monthly remuneration of the Bank for performing transactions on the Client's account is _________________.

2.3. The Bank exercises control over the correct execution of settlement documents and accepts for further processing only those settlement documents Client who, in their design, comply with the requirements established Central Bank Russian Federation.

2.4. The Bank is not responsible for the correctness of the details filled in by the Client in settlement and cash documents and for the compliance with the legislation of the operations carried out by the Client.

2.5. The Bank is not entitled to determine and control the directions of use of the Client's funds and establish other restrictions not provided for by law or the agreement on its right to dispose of the funds at its own discretion.

2.6. The client undertakes:

2.6.1. provide the Bank with the documents necessary for opening an account;

2.6.2. provide, at the first request of the Bank, the documents necessary for the implementation of mandatory control in accordance with the requirements of the Federal Law "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" dated 07.08.2001 N 115-FZ;

2.6.3. comply with the requirements of the Instructions, Rules, other regulatory legal acts of the Central Bank of Russia on the issues of settlement and cash transactions;

2.6.4. pay for the Bank's services related to transactions with funds on the account;

2.6.5. to certify the rights of persons carrying out on his behalf orders for the transfer and issuance of funds from the account.

2.7. The client has the right:

2.7.1. independently dispose of the funds on the account in the manner prescribed by applicable law;

2.7.2. instruct the Bank to debit funds from the account at the request of third parties, including those related to the fulfillment by the Client of its obligations to these persons;

2.7.3. to receive information about the execution by the Bank of the Client's instructions to conduct operations on the Account.

3. Responsibility of the Parties

3.1. In cases of untimely crediting of funds received by the Client to the account or their unreasonable debiting by the Bank from the account, as well as failure to comply with the Client's instructions to transfer funds from the account or to issue them from the account, the Bank is obliged to pay interest on this amount in the manner and in the amount provided for in Article 395 of the Civil Code of the Russian Federation.

3.2. The Bank guarantees the secrecy of the bank account, account transactions and information about the Client. In the event that the Bank discloses information constituting banking secrecy, the Client has the right to demand compensation from the Bank for the losses incurred.

3.3. The Client is responsible for the authenticity of the documents provided for opening the Account and conducting operations on it.

3.4. The Bank shall not be liable for the consequences of the execution of instructions issued by unauthorized persons of the Client in cases where, using the procedures provided for by banking rules and this Agreement, the Bank could not establish the fact that instructions were issued by unauthorized persons.

4. Force majeure (force majeure)

4.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement if the failure was the result of natural phenomena, the actions of external objective factors and other force majeure circumstances for which the parties are not responsible and to prevent the adverse impact of which they are unable to.

  1. Final provisions

5.1. The bank account agreement is concluded in 2 copies of equal legal force, one copy for each Party.

5.2. Any agreement between the Parties that entails new obligations that do not follow from the contract must be confirmed by the Parties in the form of additional agreements to the contract.

5.3. A Party is not entitled to transfer its rights and obligations under the bank account agreement to third parties without the prior written consent of the other Party.

5.4. References to a word or term in a contract in the singular include references to that word or term in the plural. References to a word or term in the plural include references to that word or term in the singular. This rule is applicable, unless otherwise follows from the text of the bank account agreement.

5.5. For the purposes of convenience, in the agreement, the Parties are also understood as their authorized persons, as well as their possible successors.

5.6. Notifications and documents transmitted under the contract shall be sent in writing to the following addresses:

5.6.1. For the Bank: _______________________________________________.

5.6.2. For client: _____________________________________________.

5.7. Any messages are valid from the date of delivery to the corresponding address for correspondence.

5.8. In the event of a change in the addresses specified in clause 5.6. of the bank account agreement and other details of a legal entity of one of the Parties, it is obliged to notify the other Party within 10 (ten) calendar days, otherwise the fulfillment by the Party of obligations under the previous details will be considered the proper fulfillment of obligations under the agreement.

5.9. The Parties agreed that disputes and disagreements that may arise between the Parties and arising from this Agreement or in connection with it, will be resolved through negotiations. If it is impossible to reach an agreement on disputed issues through negotiations within 15 (fifteen) calendar days from the receipt of a written claim, disputes are resolved in court in accordance with the current legislation of the Russian Federation.

6. Legal addresses and Bank details Parties

Bank: Depositor:
OJSC "______________" _____________________________
Address: ___________________________, _____________________________

TIN ____________________________, _____________________________
Checkpoint ____________________________, residing at:
OGRN _____________________________, _____________________________
r/account No. ________________________________________________________

BIK______passport:______________________

_____________ /____________ / ____________ /________________/


1.4 art. 845 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation)) and the client (account holder). Any individual or legal entity can be a client under this agreement, however, the regime of bank accounts opened different types subjects are different. So, for example, current accounts are not opened for legal entities, and settlement accounts for branches of legal entities or citizens who do not have entrepreneurial status. Bank account agreement form This agreement is concluded in writing by signing a single document or by submitting an application by the client and making an authorization letter from the head of the bank on the application. In accordance with the provisions of Chapter 2 of Instructions of the Bank of Russia dated September 14, 2006 N 28-I

"On opening and closing bank accounts, accounts on deposits (deposits)"
Banks open the following types of bank accounts in the currency of the Russian Federation and foreign currencies: - trust management accounts; - special bank accounts; — deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries; - accounts on deposits (deposits). Conclusion of a bank account agreement When concluding a bank account agreement, a bank account is opened for the client or the person indicated by him on the terms agreed by the parties. The bank is obliged to conclude a bank account agreement with the client who has applied with an offer to open an account on the conditions announced by the bank for opening accounts of this type, which comply with the requirements provided for by law and the banking rules established in accordance with it. The bank is not entitled to refuse to open an account, the performance of relevant transactions for which is provided for by law, the bank's constituent documents and the permission (license) issued to it, except in cases where such a refusal is caused by the bank's inability to accept for banking services or is allowed by law or other legal acts . In case of unreasonable evasion of the bank from concluding a bank account agreement, the client has the right to present him with the requirements provided for by paragraph 4 of Article 445 of this Code.

The concept and content of the bank account agreement

Chapter 1

necessary to identify the client and the client's representative. In accordance with paragraph two of clause 5.2 of Article 7 of Federal Law N 115-FZ, if there are suspicions that the purpose of opening an account is to carry out operations for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, a credit institution, in accordance with the rules internal control considers whether there are grounds for refusing to conclude an account agreement of the relevant type. Several accounts may be opened for the client on the basis of one account agreement of the corresponding type, if this is provided for by the agreement concluded between the bank and the client. 1.3.

No. 1307/10); 2) received all Required documents(p. 1.2, 1.5); Thus, in order to open a current account for a legal entity established in accordance with the legislation of the Russian Federation, the following are submitted to the bank: - a certificate of state registration; - issued licenses (permits), if they are directly related to the client's legal capacity to conclude a bank account agreement of the appropriate type (for example, a correspondent account cannot be opened for a legal entity that does not have a CBR license for the right to conduct banking operations); — a card with samples of signatures and seal imprints (hereinafter referred to as the card); - documents confirming the authority of the persons indicated in the card to dispose of funds (and if there is a corresponding clause in the bank account agreement - documents confirming the authority of persons entitled to use an analogue of a handwritten signature); — documents confirming the powers of the sole executive body; - certificate of registration with the tax authority or a document issued by tax authority in established cases for the purpose of opening a bank account (p.

Accession to the Rules is made by issuing (submitting to the Bank) one of the following written documents: “Application for opening an account”, which is submitted together with the documents provided for opening an Account in accordance with the list approved by the Bank (when opening a new Account with the Bank); “Agreements on accession to the Rules” (if the Client has a valid bank account agreement(s) and desires to join the Rules) – Annex 1 to the Rules. To conclude an agreement and open a bank account Client (Legal entity) Application for opening an account; Card with samples of signatures and seal imprint (Form No. 0401026.

Loan, bank account and card agreement - mixed agreement

That's why open bank the account is not a loan account, it is a bank account, for the maintenance of which the collection of commission is lawful. As follows from the borrower's application form for obtaining a credit Tinkoff cards Bank, she invites the bank to conclude an agreement with her for the provision and maintenance of a credit card on the terms established by the offer, under which the bank will issue in her name credit card and set a limit on her debt.

Notarized copies of certificates will be needed when making a transaction for the acquisition of residential premises, as well as upon receipt mortgage loan. Step 2. After receiving certified notarized copies, the owner housing certificate must hand it over to the Bank at the place of purchase of the residential premises or at the place of residence of the owner of the housing certificate to conclude an agreement and open a bank account. Social payment is provided to the owner of a housing certificate in non-cash form by crediting funds federal budget to the bank account of the owner of the housing certificate, opened in authorized bank.

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These obligations can be implemented only by concluding a bank account agreement with the organization. For citizens, including those engaged in entrepreneurial activities, the obligation to make payments only by bank transfer is not established. Enterprises may have cash in their cash desk within the limits established by banking institutions in agreement with the heads of enterprises, and are obliged to deposit all cash in excess of the established limits on the balance of cash in the cash desk in the manner and terms agreed with the bank institution. Organizations and citizens engaged in entrepreneurial activities have the right to open accounts in any bank at their location (registration) or in any other bank.

Lecture 10

depending on the nature of the operations performed on them. Also, these accounts differ in the order of their opening and the rules for performing banking operations. The parties under the bank account agreement are the bank and the client.

On the side of the bank, both the bank itself and other institutions licensed on the basis of national rules and recognized legal entities who have been granted the right to raise funds from legal and individuals and on its own behalf place them on the terms of repayment, payment and urgency, as well as carry out other Bank operations.

Non-denominated rubles. Later, on July 3, 1997, this resolution was declared invalid2 and in accordance with Art. 34 and 35 of the Law

"O central bank Russian Federation (Bank of Russia)"
functions for organizing cash circulation and conducting monetary policy, setting the maximum limit for cash settlements between legal entities is assigned to the powers of the Bank of Russia.

Conditions of the bank deposit and bank account agreement: what should I pay attention to?

The Civil Code of the Russian Federation establishes rules on the protection of bank secrecy. Information that constitutes banking secrecy may be provided directly to customers or their representatives. State bodies and officials, this information may be provided only in cases and in the manner prescribed by federal law. In case of disclosure of this information, the depositor, whose rights are violated, has the right to demand compensation from the bank for the losses caused. The bank can use the funds available on the depositor's account, guaranteeing his right to freely dispose of these funds.

Bank account agreement

The bank is obliged to conclude a bank account agreement with any person who has applied to it with an offer that complies with the conditions announced by the bank for opening accounts of this type, the law and banking rules. At the same time, the bank is not entitled to refuse to open an account, the performance of operations on which is provided for by law, the bank's constituent documents and its license, except in cases where such a refusal is due to the bank's inability to accept this person for servicing, or when such refusal is allowed by law or other legal acts.