DKO in a bank - what is it? We understand what is included in the contract for comprehensive banking services for legal entities.
A comprehensive service agreement for legal entities in a bank or ASC is a type of agreement between a client and a bank, which consists of rules, applications and tariffs. To conclude an agreement, the client must write an application for accession to the rules of complex services in two copies. Then the bank gives the client one copy with notes on the conclusion of the OBE agreement, and keeps one for itself. The document takes effect from the date when the bank signed the application.
According to the rules of the agreement, customers can connect the necessary services themselves without going to the bank. Each bank has its own services. The KBO agreement of Uralsib Bank includes:
If the company wants to include in the contract banking products which are not included in the complex service, it is necessary to conclude an additional agreement.
Both individuals and legal entities can conclude an agreement on comprehensive banking services, individual entrepreneurs and freelancers who have IP.
Comprehensive banking rules are the rules of the bank, which the client joins when he writes an application for comprehensive banking. Each bank has its own rules, it is necessary to clarify what operations are included in the comprehensive service. Article 428 of the Civil Code of the Russian Federation sets out the rules for drawing up an accession agreement.
According to the rules of the bank, the company is obliged to comply with the terms of the contract, for example:
The bank also has obligations to the company:
To receive comprehensive banking services, you need to fill out an application for accession. The application is issued by the bank. In the document, you need to write company data, for example:
The Bank has the right to refuse to open an account for a client if:
To conclude an agreement on comprehensive banking services, legal entities need to submit company documents to the bank. If the bank suspects the dishonesty of the company, the bank may request additional documents.
Each bank has its own list of documents, but there are basic ones, without which no bank will open an account:
Tariffs are the system by which the client pays for the services of the bank. The bank decides for what service and how much money the client will pay, for example:
To receive comprehensive banking services for legal entities, you need to contact the bank, write an application and collect documents. The bank will review the application. If the company is honest, the bank will begin to cooperate with it.
Banking services are in high demand among the population today. More and more citizens and organizations are turning to banks, while not necessarily being businessmen. So what types of services do banks provide today?
A bank is a credit institution that accepts money for storage and lends it for use for a fee (credit). it entity, which has its own property, obligations to contractors, customers and the state.
The activities of banks are primarily aimed at making a profit, that is, we are talking about commerce. It doesn't matter if it's a public or private bank. Who offers standard banking? Sberbank. He is typical commercial bank despite being state-owned.
The Bank of Russia, or the Central Bank, is the regulator, supervisory authority issuing licenses and supervising the implementation by banks and credit institutions of a non-banking type of the norms of financial legislation. Banking is not his primary concern. And it serves only commercial structures. A citizen or a legal entity cannot simply open an account with the Central Bank, as in any other similar institution.
There are bank branches in all regions of the country, in all settlements. Where few people live, they mostly work state organizations designed to provide a minimum list banking services.
If we consider the services of certain banks, then, in general, their offers do not differ from each other. Another thing is that under the guise of one service, several can be offered, for example, with the issuance of a salary card, a credit card is also issued. Thus, banking has become to some extent voluntary-compulsory.
Banking services for legal entities and individuals have their own nuances.
Thus, banks provide a wide range of services. It is difficult to talk about the level of quality: branches of even one institution can differ significantly in terms of service level, which is shown by numerous customer reviews. What can we say about different organizations.
Lending is the most well-known area of banking activities. Loans are provided in cash for specific purposes or without it. Often they are asked to show evidence of the direction of money for the stated purposes.
Still being processed credit cards. The proposed limit may increase over time if the client does not violate the terms of the contract. A fee is charged for withdrawing money from a card through an ATM. The rate on a card loan is 2 times higher compared to a loan issued in cash.
Least bet in mortgage lending, however, there you have to pay the first installment in the amount of 30% of the value of the object, which is underestimated by the bank's appraisers.
Take mortgage loan burdened with the obligation to insure himself and the property. In addition, a client who wants to get a mortgage has to pay for many more services that he does not even suspect when applying to a bank. All expenses are completely borne by him.
Payment cards are a tool for accessing banking services. For example, using a card, money is withdrawn from an ATM. There is no need to visit a bank branch to withdraw cash from your account. A payment card makes it possible to pay in institutions, shops, pharmacies without using cash, if such an opportunity is provided.
Cards are issued mainly for receiving salaries, pensions, social payments, as a tool for managing borrowed funds. Everyone is used to the fact that they are always named, but this is not so. Only the number and date that determines the period of its use can be present on the plastic.
Those wishing to have a personalized card with a personal photo and an additional package of services preliminarily deposit the amount according to the price list into the account. The price of such a debit card can reach several thousand rubles a year.
Offered additional bonuses, for example, the return of part of the funds to a special account for those who pay with a card in an affiliate trading network. Privileges can be very different.
Issuance of debit cards is widespread. They store only the personal funds of the owners, they are issued for a fee or without it, the only thing that is paid by the client is the commission for withdrawing funds or replenishing the account in cash through the terminal, but it is minimal. It is practiced to issue several cards to manage one account.
An account is opened to manage the funds of a bank client: money is credited to it, debited, and also issued if there are payment orders in accordance with the instructions of the account holder. banking service individuals, as a rule, provides for the issuance of a card when opening an account. Without it, an account is possible, but a card without an account is not.
If the account is opened for an organization, it is possible to issue a corporate card.
By the way! A fee is charged for opening an account, with the exception of a loan account, through which credit debt. The collection of commission in this case will be illegal.
Opening an account for an individual is much easier than for organizations. The bank will need to present an additional package of documents, they will ask you to fill out paperwork, provide a sample signature, etc.
Opening accounts is included in the comprehensive banking services for both organizations and individuals.
If there is a need to transfer funds without opening an account, the bank will gladly provide the service. As in all other cases, a bank employee will ask you to provide the passport details of the sender and recipient.
The speed of funds transfer can be from several hours to several days. If money is transferred from card to card, then the "client-bank" system will carry out the procedure in a matter of seconds when it comes to an intra-bank transfer.
The way out is to use a terminal through which you can deposit funds to your account almost instantly, knowing the details or number plastic card recipient.
All transfers between legal entities must be made in the presence of accounts. The "client-bank" is actively used, but one cannot do without a paper payment order.
Deposit, or bank deposit (more correctly), is the transfer of money for a period and at a percentage specified in the agreement.
Two options are offered:
If you terminate the deposit agreement concluded according to the first option, the bank will not pay interest for the time that the money was at the disposal of the bank.
Banks provide deposit boxes for storing valuables for a fee according to the agreement.
It is a set of services, starting with opening an account, issuing a card and carrying out an operation on a client's account.
Legal entities open an account regardless of the type of activity, entrepreneurs - exclusively at their own request. True, some of them are forced to do this tax law, since legal entities, in some cases working with individual entrepreneurs without a current account, are deprived of some benefits. 
Here, the conditions of banking services differ only in price - from several hundred rubles a month to several thousand.
What is included in the RKO?
An individual entrepreneur formally has the right to withdraw money directly from his account, in practice, for this purpose, a simple debit account is opened, to which money intended for withdrawal is transferred.
RKO is paid either in advance, or monthly withdrawals are provided. Sometimes one of the conditions is the constant availability of the agreed amount on the balance sheet.
Each bank offers to pay for services of various kinds, ranging from utilities and ending with one-time purchases. How are payments made? By using:
Bank service fees are charged immediately. Prices cannot be called the same, because even one bank in different regions has a different policy in terms of remuneration for its services.
The terminal replaces the usual cashier. Find in the interface desired service, enter the details (account number, full name of the account holder) and insert the banknotes into the receiving device.
How to make a payment through an ATM? A card is inserted, a service is selected, consent is given to transfer the amount - and the client receives a paper check. It is also issued when using the terminal.
Some organizations that provide services via the Internet offer to pay for their goods or services using payment cards. The card number, phone number are entered in the field, consent is given, and money is debited from the card. Confirmation is given by sending SMS to the specified number.
The system of payment of taxes and fines works in a similar way: through Personal Area on the site tax service or a bank. Details are filled in, confirmation is given by SMS.
Paying through the cashier is no longer so popular: time is spent filling out receipts, warrants.
Payments using a terminal, an ATM are allowed only for private individuals, i.e. an entrepreneur has the right to spend money in this way only for personal needs. Business-related expenses are processed in accordance with the rules of settlement and cash services.
It is a service bank account through the use of Internet technologies.
The client is given a login, a long-term password, which give access to a personal account - an electronic version of the services. It contains information about the status of the account or accounts (if there are several), the amount of available funds and what operations were carried out. 
Remote banking allows you to manage your money without leaving your home, or even while in another country.
Now, without visiting the bank office, you can apply for a card by submitting an application via the Internet. It, together with a copy of the contract, is sent to the client by mail or courier. Account replenishment is provided through terminals or ATMs, including those of other banks.
Whenever required by the letter of the law, transactions are carried out on the basis of an agreement between the client and the bank. The banking service agreement for each service is concluded separately. A full set of services is provided as part of a comprehensive service under a single contract.
The agreement is concluded in writing, violation of the form leads to the invalidity of the document. 
The client has the right to refuse service at any time at its own discretion. Only those who have no debt to the bank have the right to refuse a loan.
Most often offered model document. It can be viewed in advance on the website of the organization.
In general, the first to introduce the practice of signing comprehensive banking service agreements (CBS) were such big players banking market like Sberbank, MDM Bank and Promsvyazbank. It happened about two years ago. Today, the number of banks using such agreements is constantly growing, and these include Binbank, Rossiyskiy Kredit, Benifit-Bank, Orange, Yugra, SMP Bank, Sovereign, Kapitalbank and others.
In the pioneer of applications for accession - Sberbank - the client submits an application when opening a deposit general form, and can also sign a universal banking service agreement (UDBO). To do this, he must have a ruble international map Sberbank. If the client does not have such a card, then a ruble account with Sberbank is issued for him and a Maestro Momentum card is issued, for which the client does not need to pay. If the client wants, he can subsequently change this card for an international one.
MDM Bank is taking a slightly different path in this matter. So, opening a deposit in this bank, the client signs an application for opening a deposit and a term agreement bank deposit. But the agreement with the bank will necessarily contain a clause according to which a term bank deposit is concluded exclusively within the framework of a comprehensive banking service agreement, which means it will be an inseparable part of it. That is, by accepting the client's offer, the bank actually attracts him to the system of comprehensive banking services.
Bank Yugra enters into an agreement with its clients on opening a deposit by signing a term bank deposit agreement. In this bank, such an agreement acts as an application for opening a deposit and includes all the rules for placing deposits by private clients.
A similar situation arises in Binbank, but only on the condition that you have never contacted this bank before. So, when opening any product in this bank, you will need to sign an application agreement responsible for the design and use of this product by you, as well as an application form for joining the terms of the Comprehensive Banking Service Agreement (CBS). This measure is explained by the convenience for the client: after all, such an agreement is placed within one page and contains all the most significant points related to working with a banking institution. As for additional information regarding the terms of the DCBO, the bank offers to get acquainted with them on the bank's website, or by asking for printouts of the terms at the bank's office.
Employees banking institutions claim that the use of banking complex service agreements and accession agreements allows you to use much less paper, which means saving money and leveling bureaucracy. Employees draw these conclusions about the DCBO by comparing the signing of this agreement with the signing of ordinary agreements on the opening of banking products. Also, credit organizations note that the conclusion of the DCBO allows the bank not to waste time and money in situations such as prolonging a loan or crediting gift funds to a client's promotional deposit.
So, bank "Ugra" in its contract invites the client to agree with one rather interesting clause, which first appeared in the contract in November 2014. This paragraph emphasizes that the client accedes to the Rules for placing bank deposits by individuals of this bank and to the conditions of a term bank deposit for individuals. At the same time, the client in this paragraph asks the bank to open an appropriate account for him, credit the deposit amount to it and carry out its further maintenance in accordance with the tariffs, rules and conditions of the bank.
According to Yugra Bank employees, adding such a clause to the agreement can significantly increase the speed of customer service by the bank, as well as simplify the very form of the agreement for a better understanding by the depositor. All the essential terms of the contract, which were previously described in a large number of paragraphs, are now combined into a separate block and therefore are more visual. As for the detailed presentation of all the rules, conditions and tariffs for servicing a banking organization, now they can be found either in a special section on the website banking organization, or in printed form at a bank branch.
The director of the retail product development department at Binbank is positive about the introduction of such a practice in banks. He also says that today in Binbank and other large banks in Russia, when working with clients, they actively use comprehensive service agreements. Binbank itself used such an agreement for the first time in June 2014, and its use significantly reduced the bank's costs for printing documents and changing the forms of existing agreements. Thus, when there were changes in the legislation concerning banking products, banks had to change the forms of contracts for each of their products. For example, if there are 30 of them, then 30 versions of contracts had to be redone, and this is quite costly for the bank. With the introduction of a single form for all products, the bank can save its money, and therefore set more profitable terms and rates.
The head of the department of deposit and settlement products of Promsvyazbank, says that the accession agreement appeared in their bank in October 2009. His discovery led to a large number of benefits both for the bank itself and for its customers. So, a credit institution using such an agreement reduces the time for processing all papers, and hence the total time of work with each of the clients. At the same time, bank employees have time to explain to customers the terms of the deposit and inform them about all its features. The bank also saves on paper by printing out only an application for opening a deposit and confirmation of its placement instead of 10 pages of the agreement. The image of the bank as a whole is also improving due to the introduction of a more efficient and technological system for working with clients.
As for the advantages of this type of contract for the client, he can save his personal time due to faster paperwork. The process of understanding the conditions of the deposit also becomes much easier: if earlier the client had to read many clauses of the agreement placed on several sheets, now he must understand only the contents of one sheet with the conditions. It is also convenient that for all deposits of the bank the terms of placement are the same, and you can familiarize yourself with them without any problems.
Bank managers admit that the comprehensive banking service agreement and the application for accession raise a lot of questions from customers. And the main question is whether such agreements have legal force.
Dmitry Shilyaev, Deputy Chairman of the Board of Yugra Bank, argues that depositors should not have any doubts about the legal force of such agreements, since they are absolutely correct and do not infringe on the interests of individuals.
Thus, in accordance with Article 836 of the Civil Code of the Russian Federation, an agreement on opening a deposit is considered concluded if it meets the requirements established in banking practice and is concluded in writing. That is, in order to verify the legal force of the document, you only need to find out whether such a form of contract is standard for this institution. If so, then there is no reason to doubt its correctness.
Also, the client should not be afraid that the bank in unilaterally will be able to significantly change the terms of the deposit for the worse for the depositor. Such actions are prohibited by the legislation of the Russian Federation, in particular, Article 29 of the federal law "On Banks and Banking Activities", which prohibits reducing the term of placing a deposit in a bank and reducing the interest rate on it.
In accordance with this article, the bank can change the conditions only after the deposit is changed by the depositor himself or after its prolongation. This is due to the fact that such a contribution is considered re-placed, and therefore new.
Also, clients often doubt that banks can significantly change banking fees or establish new additional payments.
However, the Deputy Chairman of the Board of Yugra Bank draws the attention of clients to the fact that the same Article 29 of the RF Law “On Banks and Banking Activities” indicates the illegal nature of such actions of the bank. That is, customers should not worry about this either.
The pitfalls of this agreement may lie in the full rules for placing deposits for this bank, which are not disclosed in the UDBO. Bank employees will offer you to familiarize yourself with them on the bank's website or in its office. You can ask for printouts of the rules, referring to Article 836 of the Civil Code of the Russian Federation, but it is difficult to rely on it because of its ambiguity. So, in addition to the fact that it indicates the rule for concluding an agreement exclusively in writing, it also contains a clarification that the bank has the right to submit any document for concluding an agreement with a client. As mentioned above, the main thing is that it be used in the banking practice of this organization.
Also, some banks in their contracts may prescribe the possibility of changing the rules with the tacit consent of the client. Thus, the bank "Sovereign" prescribes in its deposit agreement that the client's consent to the new rules of the bank is his inaction, that is, the failure to submit a written refusal to change or an application to terminate the agreement. This item is very convenient for the bank and actually does not run counter to the legislation of the Russian Federation.
But senior lawyer law firm"Nektorov, Savelyev and Partners" Konstantin Galin argues that even this type of agreement cannot infringe on the rights of a bank client. He recalls that, in accordance with Article 310 of the Civil Code of the Russian Federation, the bank is not entitled to unilaterally change any terms of the deposit. This rule applies not only to changes made to the unified deposit agreement, but it also applies to changes to the standard deposit rules. This is possible because the standard rules are actually part of the deposit agreement for the depositor.
As for the rights of depositors to change the rules and general conditions of deposits, they can do this, but they are unlikely to get concessions from the bank. The real power to change the rules of deposits have only really big investors. A small depositor has real chances only when appealing against the bank's discriminatory claims, which are directed exclusively at him and do not apply to other depositors.
It is also worth noting that all deposits of large banks with new form contracts are insured by the Deposit Insurance Agency. But, despite this, and even taking into account all the above points, it is better to play it safe when signing this type of contract. This can be done as follows: when making a deposit or at the time of depositing funds to the account, request all documents related to the deposit and keep them until the end of its term. So you protect yourself from all risks and will not worry about changing its conditions once again.
The system of comprehensive customer service is widely used among commercial banks.
Remark 1
An integrated service system is a collection of elements that are in relationship with each other, based on commercial basis, and which ensures full satisfaction of the needs of the bank's customers in the provision of banking products and services through a unified information, regulatory and legal system.
The development of a comprehensive banking service system is influenced by factors that can be divided into external and internal.
Consider the advantages and disadvantages of these factors:
Internal factors.
Advantages:
Flaws:
Advantages:
Flaws:
Remark 2
The implementation of comprehensive banking services is accompanied by high competition, which is influenced by: pricing policy, ways to promote products and services, the quality of banking services.
Also, there are factors that influence the possibility commercial bank provide comprehensive services to individuals:
When providing comprehensive services to individuals, their classification is also distinguished:
Depending on the need and interest of the client in this type of service:
Depending on the level of income received by clients:
Factors that influence the emergence of risks in the course of comprehensive banking services:
Banking services for individuals is one of the main activities of a commercial bank, which is aimed at meeting the needs of a bank client - an individual.
Individual banking services for individuals are represented by a wide range of various banking products that are offered on the market in various ways - from classic traditional to modern, which allows banks to compete in this segment, improving the quality of service.
The structure of banking services for individuals includes banking services that the bank provides to individuals. They include classic banking services: issuing loans, accepting money as a deposit; settlement and cash services, as well as related - rent bank cells and safes, metal bills, investment projects etc. Retail-oriented banks offer a line of retail products aimed at various social categories of customers (youth, VIP clients, pensioners); for various financial situations (recipients salary projects); as well as different income levels of clients.
The principles of banking services for individuals are:
Publicity of services - services are offered to an unlimited circle of individuals on the same terms. As a rule, they are accompanied by the conclusion of a standard contract based on banking rules Oh. However, this does not mean that the bank cannot develop a product line for certain segments and categories of the population, the main focus is on an indefinite circle of individuals;
Legality - the provision of banking services to individuals is carried out in compliance with civil and banking legislation, as well as banking rules developed in this bank. It is important to disseminate legislation on the protection of consumer rights in banking services for individuals;
Information openness - the bank actively attracts individual customers to conclude relevant agreements through advertising and other PR technologies;
Information security - the bank is responsible for the information received from the client under the law on bank secrecy; for funds received - according to the rules of bank deposit insurance, etc. one
Competitiveness issues have always been acute for credit institutions, since it was necessary to have borrowed funds at such a price that both depositors were satisfied with the amount of incremental capital and the bank received the planned margin. Thus, the question of the ratio of prices for attracted and placed resources was the first point for bank management. In addition, banks are forced to put up with the development of non-price competition, especially in the market of legal entities.
The principle of customer focus implies that the bank is not focused on its product as such, but on the real needs of customers. At the same time, banks refuse to force the imposition of services and focus on the maximum satisfaction of customer needs. This implies a clear setting of the bank's goals, the formation of ways and means to achieve them, and the development of specific measures to implement plans within the gradation of existing and potential client groups.
Customer focus credit institution should be seen as a customer relationship management tool aimed at generating sustainable profits in long term and based on three criteria: core competence, target customers and equality of positions. At the same time, the bank's customer focus in modern business determines its ability to extract additional profit through a deep understanding and effective satisfaction of customer needs. In this regard, customer focus should become one of the most significant competitive advantages and allow the bank to achieve more external results in its activities.
The set of measures to implement the concept of customer focus includes two levels:
General organizational, including organizational structure, business processes, technologies, standards, IT infrastructure, Public Relations (PR), Government Relations (GR), etc.;
Individual (the level of a particular employee), including the selection and training of personnel 1 .
The main activity of the bank in the implementation of a client-oriented approach is the organization of customer service with the provision of a full range of services aimed at meeting the needs of the client. Therefore, quality customer service in many areas of activity becomes the main thing. competitive advantage any modern company, including a bank. An analysis of modern scientific views on the problem made it possible to identify several principles for organizing customer service in a modern customer-oriented credit institution:
Sufficient awareness of customers about the credit institution and its services;
Convenient and customer-oriented service;
Comfortable service conditions;
Qualified personnel.
The main role in the provision of services to clients is played by the client's awareness of the bank, its activities and the types of services it provides. No matter how much resources are spent on improving service, these costs will pay off only if existing and potential customers are well aware of the bank's objectives.
In addition, customers need to be constantly informed about the services offered and regularly reminded of the opportunity to use them. Correctly presented and brought to the attention of the client information in many respects prevents the need for the client to apply for additional clarifications.
Thus, a bank's customer focus should be understood as a system of management measures of a credit institution that provides its customers with support and implementation of the requirements for a special algorithm of interaction with a customer established in the bank, as well as solving the problem of attracting, retaining customers and developing client base 1 .
Analysis of the regulatory legal support banking
services for individuals led to the following conclusions:
Banking legislation strictly defines the list banking operations carried out with individuals;
In order to provide guarantees for the return of deposits and increase the confidence of individuals in banking system in Russian Federation a deposit insurance system was created, the improvement of which is a priority for the Bank of Russia in the development of banking legislation;
Banking legislation makes it possible for individuals to use a wide range of types of settlements.
Many factors play an important role in servicing individuals by banks. These include
Competitive: competitiveness of price conditions for the banking products and services provided; the level of bank margin on products, which makes it possible to make its provision cost-effective for a credit institution;
Legal: the credit institution has licenses and permits to conduct transactions with individuals; the presence or absence of legally established restrictions on certain transactions with individuals; restrictions on currency operations and operations of cross-country movement of capital;
Social: the presence of a wide network of points of sale; convenience of the location of the bank's points of sale for the bank's customers; the level of technology and automation of business processes in the field of customer service;
Image: positive business reputation of the credit organization; the presence of various marketing activities aimed at promoting the banking product 1 .
When working with individual clients, any bank inevitably bears various kinds of risks. Below is a classification of banking risks in the case of comprehensive banking services for individuals in relation to the activities of the bank into external and internal ones, as well as the main factors affecting the level of risks in the case of complex banking services for individuals.
At present, the system of comprehensive services has become widespread in many banks. Such a system is understood as a set of elements that are in relationships and connections with each other on a commercial basis and ensure full and / or partial satisfaction of the needs of bank customers (individuals) in providing banking products and services through a unified information, regulatory and legal system.
Thus, banking services for individuals allows them, in the context of the development of social economic relations not only to decide to receive banking profit from transactions, but to develop economic relations on the basis of a certain structure within the framework of specific principles in the implementation of certain functions.
The earliest type of mixed contract in the banking sector
can be recognized named in paragraph 1 of Art. 850 of the Civil Code of the Russian Federation loan agreement
bank account (sometimes called "overdraft" (from the English. overdraft - over the limit, i.e. over the amount in the account)) 1, which includes elements (bank account and credit). In accordance with this agreement, the bank pays the claims of its client's creditors (an account holder acting simultaneously as a borrower) within the limit stipulated by the agreement, even if there are no funds on his account or for a larger amount than that which is on his account (i.e. . "credits the account"). Arbitration arbitrage practice recognized an agreement on the exchange of goods for services of equivalent value not as an exchange agreement, but as a mixed agreement, since it contains elements of contracts for the sale and provision of services for a fee.
In Russia, the moment has come when the quality of the purchased product suits, and its support is far from always. This is confirmed by the results of a Russian marketing research conducted back in 2010 - already at that time, in 70% of cases, the reason for the refusal was an unsatisfactory level of service. Every year this percentage is growing and, according to the data at the end of 2012, it approached 80% (according to the magazine "Expert"). In the face of ever-increasing competition, rising costs of customer acquisition, such concepts as "customer loyalty" and "level of service" become inseparable.
At present, the development of science and practice makes it possible to develop and put into practice complex loyalty programs.
In banking practice, the following types of banking services are included in comprehensive banking services:
Bank account agreement - an individual bank account agreement concluded between the Bank and the Client under the Comprehensive Service Agreement, on the terms of complex service, and in accordance with the Client's Application for opening a bank account of the appropriate type;
Bank deposit agreement - a bank deposit agreement of a certain type, concluded between the Bank and the Client under the Comprehensive Service Agreement, on the terms of complex service and in accordance with the Client's Application for opening the corresponding type of bank deposit;
Agreement for the provision and use of bank payment cards - an agreement for the provision and use of bank payment cards concluded between the Bank and the Client under the Comprehensive Service Agreement, on the terms of the Rules for the provision and use of bank payment cards in accordance with the Client's Application for opening a bank account and issuing a bank payment card ;
Contract for the provision of services "SMS-banking" - an agreement for the provision of services through the "SMS-banking" system, concluded between the Bank and the Client under the Comprehensive Service Agreement on the terms of complex services and in accordance with the Client's Application for connection to the "SMS-banking" system ;
Agreement for customer service in the Internet Bank remote access system - an agreement for the provision of services through the Internet Bank remote access system concluded between the Bank and the Client under the Comprehensive Service Agreement and in accordance with the Client's Application for connection to the remote access system " Internet bank";
Contract for customer service in the system " Mobile bank» - an agreement for the provision of services via the Mobile Bank remote access system concluded between the Bank and the Client within the framework of the Comprehensive Service Agreement and in the Client's Application for connection to the Mobile Bank system (in OJSC Bank of Moscow) 1 .
In another bank (MinBank PJSC), comprehensive banking customer service includes the provision of the following banking products/services:
Maintenance and opening of current accounts
Cards: maintenance and issue
Contributions: maintenance and release
Service and opening term deposits using the system
Remote financial and service maintenance using the Telebank system.
In Rosselkhozbank, comprehensive banking services include servicing holders bank cards who are offered the following services in the complex:
The ability to pay for purchases, receive cash at ATMs of the Russian Agricultural Bank and third-party banks, pay for the services of mobile communication providers, cable and satellite television, and Internet providers; telecommunications services, pay utility bills;
Implementation of card transfers;
Remote banking service;
Internet banking for mobile devices;
SMS notifications;
Opening deposits with a card;
The ability to receive information about the status of their card and deposit accounts, payment cards using remote service channels - ATMs and remote banking systems for individuals.
In OJSC Promsvyazbank, a comprehensive service agreement simplifies the procedures for interaction between the client and the bank: it reduces the number of signed documents and provides clients with the opportunity to remote clearance products and services of the bank through remote access channels: Internet banking PSB-Retail, mobile bank, ATMs, Contact Center.
As part of the comprehensive service agreement, the client receives absolutely free of charge debit card instant issue of MasterCard Unembossed and access to PSB-Retail internet bank.
One of the advantages of this card is the ability to transfer deposit interest and withdraw it at any time convenient for you at an ATM (without being tied to the operating hours of bank branches); convenient service consumer credit in case of its registration (obtaining a loan / repayment of monthly payments using a card).
The card entitles you to enjoy all the privileges and benefits of a Promsvyazbank card holder, incl. discounts when paying for goods in partner stores. Maintenance of the card is free of charge during the entire validity period of the card (4 years). Also, the Bank often holds profitable promotions for customers-holders of bank cards.
In the future, within the framework of the concluded comprehensive service agreement, the client will be able to receive various banking products and services, incl. opening new deposits remotely with an increased interest rate, without visiting bank branches.
Thus, the agreement on comprehensive banking services is an agreement of accession to the specified types of agreements between the bank and its client.
The undoubted advantages of integrated banking services are:
Possibility to issue a service at any point of sale of the Bank without being tied to a point of sale that has concluded a contract for comprehensive banking services;
Reducing the volume of paper turnover;
Unlimited contract for comprehensive banking services;
Reducing the time spent on service registration;
Possibility to conclude a contract once and continue to receive services, stipulated by the agreement, on the basis of the application: opening/maintenance of accounts; release universal cards; connection/maintenance of an account via the remote access system "Internet-Bank Light", "Internet-Bank Pro", "Bank-Client"; conclusion of an unlimited number of deposit agreements on standard (except for interest rate) conditions.
To conclude a contract for comprehensive banking services, a client, as a rule, can apply to any branch of the bank serving legal entities and provide:
An application for receiving a service under a comprehensive banking service agreement indicating the selected service;
A package of documents provided by the list of documents for opening a bank account.
An existing client applies to the point of sale at the place of service of a previously opened current account.
1. The client, a legal entity, provides an extract to confirm the absence of changes in the documents from the Unified State Register of Legal Entities. If there are changes, then the client provides documents confirming the changes.
2. To the previously concluded (before the date of entry of the comprehensive banking service agreement) bank account agreement/service agreement under the remote access system/corporate settlement account agreement, the Bank and the Client enter into an additional agreement on servicing the bank account agreement/remote access system/corporate settlement account agreement on the terms of the concluded contract for comprehensive banking services.
A comprehensive banking service agreement is most often a framework agreement. In accordance with Article 429.1 of the Civil Code of the Russian Federation, a framework agreement (an agreement with open terms) is a contract that determines general terms and Conditions obligatory relationships between the parties, which can be specified and specified by the parties by concluding separate agreements, filing applications by one of the parties, or otherwise on the basis of or in pursuance of a framework agreement.
1. A framework contract is a contract. This definition raises many questions. According to Article 420 of the Civil Code of the Russian Federation, an agreement between two or more persons on the establishment, change or termination of civil rights and obligations is recognized as an agreement.
At the same time, the framework agreement itself may not entail the establishment of binding relations between themselves, until the relevant relations are specified by the parties in applications, confirmations, etc.
In this regard, many questions arise, such as:
Does this mean that all the provisions of the chapters on contracts, transactions and obligations should apply to the framework contract?
Obviously, due to the specifics of the framework agreement - no. The following legitimate question then arises: which of these provisions are applicable and which are not?
What are the subject and essential conditions of the framework contract, since all contracts have it?
Without a separate agreement to the framework agreement specifying the main obligations of the parties, are other provisions of the framework agreement protected, for example, confidentiality, protection of personal data or guarantees and representations, arbitration clause?
From our point of view, such separate conditions acquire legal effect from the moment the framework agreement is concluded and therefore should be protected.
Some other questions also arise.
For example, according to Article 7 federal law dated 07.08.2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (hereinafter referred to as the Counteraction Law), banks must identify the client and periodically update information about this client. Under Article 3 of the Law on Counteraction, a client is a natural or legal person who is in the service of an organization that carries out transactions with cash or other property. In this regard, it is not clear whether the presence of a framework agreement means that the person is being serviced by the bank or not, since all the conditions of legal obligations have not been formulated.
In connection with the framework agreement, it is also worth recalling the recent jurisprudence regarding the Unicreditbank case and derivative financial instruments.
In this case, the court upheld the termination of the framework agreement on general conditions for transactions with non-deliverable derivatives financial instruments, although there was a specific swap agreement containing a commitment. The courts decided that at the time of the application for termination of the agreement, the company did not have an unfulfilled obligation to the bank, as well as the bank to the company. The court decided that in the absence of an unfulfilled obligation during the period of the agreement until the time of the next payment, the parties have the right to unilaterally declare the termination of the agreement, which is provided for in clause 12.3 of the agreement.
These decisions met with a response of misunderstanding from the business community. This shows that both previously and currently there are problems with the understanding and interpretation of the substance and application of the framework treaty.
2. The framework agreement defines the general terms and conditions, which can be specified and specified by concluding separate agreements, submitting applications or otherwise. Specifications, confirmations, applications, other documents drawn up by the parties can serve as ways to clarify obligations.
The parties may agree that such specifying documents must be signed by both parties or sent by one party to the other. If the receiving party does not respond within a certain period, it is considered that a specific document has been accepted and entered into force (clause 2 of article 438 of the Civil Code of the Russian Federation), if the corresponding rule is established in the agreement between the parties. That is, the specification of the terms of the framework agreement can be carried out not only by agreement of the parties, but also through unilateral specifying documents.
It also follows from the above Definition that only a document that does not contain all the conditions required for a particular contract is considered a framework contract.
For example, the Russian ISDA (General Agreement on Futures Transactions on financial markets) is a framework agreement, as the specific terms are agreed by the parties in the confirmation.
A credit line agreement may or may not be a framework agreement. If the parties have stipulated all the essential terms of the loan agreement in the credit line agreement, it is not a framework agreement. If all such conditions are not described in the agreement, then the credit line agreement is a framework agreement.
Agreements that do not specify any condition should not be called a framework contract, but it can be determined based on market practice. For example, a loan agreement is concluded, for which the percentage is not defined. In this case, article 809 of the Civil Code of the Russian Federation is applied, which stipulates that "in the absence of a clause in the agreement on the amount of interest, their amount is determined by the rate existing at the place of residence of the lender, and if the lender is a legal entity, at the place of its location bank interest(refinancing rate) on the date of payment by the borrower of the amount of the debt or its corresponding part.
3. The framework agreement applies to the relations of the parties not regulated by a separate agreement. Previously, judicial practice took a different approach - if the documents did not contain a reference to the framework agreement, it was not applied.
Since June 1, 2015, the practice has changed and, unless otherwise specified in separate agreements or follows from the essence of the obligation, the provisions of the framework agreements concluded between the parties 1 apply to the relations of the parties.
In this regard, the parties should be careful in their relationship, and if there are framework agreements between them, specify in each new document whether such a framework agreement applies to it or not. Otherwise, situations are possible that, due to imprudence, the relations of the parties will be regulated by a framework agreement, although the parties had no such intention.
4. The new provisions of the Civil Code do not answer the question of what takes precedence in the event of a conflict between a framework agreement and a specific agreement.
In view of the fact that the specifying agreement is a special regulation and is concluded later, it should take precedence in case of inconsistency of the provisions over the framework agreement. However, the parties may establish a different priority in their agreements.
5. The framework contract should not be confused with the preliminary contract. As article 429 of the Civil Code of the Russian Federation establishes, under a preliminary agreement, the parties undertake to conclude in the future an agreement on the transfer of property, the performance of work or the provision of services (the main agreement) on the terms provided for in the preliminary agreement.
The preliminary agreement is concluded in the form established for the main agreement, and if the form of the main agreement is not established, then in writing. Failure to comply with the rules on the form of a preliminary contract shall entail its nullity.
That is preliminary agreement speaks of an agreement that will be separately concluded in the future, and the framework agreement itself will be part of the future concretizing agreement.
In other words, the framework agreement defines the general conditions for cooperation between the parties, which, as a rule, is designed for a long period. By concluding separate contracts within the framework of this cooperation or simply by submitting the relevant applications, which, for example, determine the quantity of goods and delivery times, the parties conclude a contract to which the general conditions contained in the framework contract will apply, unless otherwise specified in the individual contracts or follows from the essence of the obligation.
By virtue of an agreement to grant an option to conclude a contract (an option to conclude a contract), one party, by means of an irrevocable offer, grants the other party the right to conclude one or more contracts on the terms provided for by the option.
The option to conclude a contract is granted for a fee or other consideration, unless otherwise provided by the agreement. The other party has the right to conclude an agreement by accepting such an offer in the manner, on time and on the terms provided for by the option. An option to conclude a contract may provide that acceptance is possible only upon the occurrence of a condition determined by such an option, including one that depends on the will of one of the parties. The option to conclude a contract must contain conditions that allow determining the subject matter and other essential terms of the contract to be concluded. The option to conclude a contract may be included in another agreement, unless otherwise follows from the essence of such an agreement.
Under the option agreement itself, one party, on the terms provided for by this agreement, has the right to demand, within the period established by the agreement, from the other party to perform the actions provided for by the option agreement, including paying cash transfer or accept property.
If the authorized party does not submit a claim within the specified period, the option contract is terminated.
As a rule, for the right to assert a claim under an option agreement, the party pays the amount of money provided for by such an agreement, which, as a rule, is also non-refundable upon termination of the option agreement.
It would seem that the parties should not face significant risks in connection with the conclusion of a framework (organizational) agreement, especially taking into account the indication in paragraph 1 of Art. 429.1 of the Civil Code of the Russian Federation that the framework agreement can be specified not only by agreement of the parties, but also on the basis of unilateral applications. This is significant in practice, since often the general agreement on opening a credit line, in fact, is built exactly according to this model: under a “hard” framework agreement, the bank undertakes to issue loans if the borrower requires them. That is, the bank assumes a kind of obligation of lending on demand, and the final formation of the obligation for a particular loan occurs not by an additional agreement of the parties, but by a unilateral application of the borrower, the party having the second right to demand as much as it needs (usually in the terms established in the framework agreement limits). The economic logic of this model leads to the fact that in banking practice, the bank often agrees to such an agreement only on the condition that it will be guaranteed a certain income, regardless of whether the borrower requests credit funds or not 1 .
The admissibility of granting by the contract of one of the parties the right to unilaterally determine the terms missing in the contract is recognized in the law of many countries and acts of unification of contract law. And it's good that Art. 429.1 of the Civil Code of the Russian Federation creates a regulatory platform for the very existence of such an idea. This small norm, of course, is too laconic and does not solve some related issues. For example, it would be desirable to mention the need to exercise good faith in the exercise of such a second right when there are no clear limits to the discretion of the authorized person, and also to note that the contract may provide for a certain fee for allowing such a second right.
It is perfectly justified to agree with the fixation proposal general model framework (organizational) agreement in the first part of the Civil Code of the Russian Federation. However, this definition of a framework agreement requires clarification. Firstly, bringing a framework contract under the model of a contract with open terms will mean that any contract can be considered a framework contract, since any contract allows its specification in the future, which, of course, is not the case. In other words, the specifics of the framework agreement are not adequately reflected. The normatively fixed definition is more in line with the institution of a “contract with deliberately open terms” - such an agreement in which all essential conditions are agreed, but the parties directly indicate that they want to supplement their agreement in the future (by agreeing, for example, on a delivery schedule after a certain date).
But, perhaps, the qualifying features (specifics) of an agreement with open conditions in this part should be subjected to an expanded interpretation and still assume that the framework agreement can be concluded according to the model of an agreement with open conditions insofar as the parties to the framework agreement leave “open” a certain the space to be the subject of future agreements between the parties; as a result, the relations of the parties become more mobile and operational. However, is it justified?
Of course, one can notice the obvious logical connection between these contractual definitions: each framework contract is initially a contract with deliberately open terms. However, not every contract with open terms is considered a framework contract.
It is important to clarify that, by virtue of an agreement with open terms, another agreement (s) is not concluded, this agreement only involves clarification of its terms and conditions in the future. In this regard, it seems erroneous that the framework agreement does not imply the conclusion of separate agreements in the future, but the agreement of the open terms of an already concluded agreement, reflecting the main, most stable rights and obligations of the parties, but not all the parameters of contractual obligations. In this form, a framework contract is equated to an open-ended contract.
Characterizing the framework contract as a separate contractual model, it is necessary to indicate the regularity and frequency of future contractual relations between the parties. Thus, the framework agreement is of a continuing nature. While an agreement with open terms will be recognized as such, even if the replenishment of the inconsistent terms takes place only once in the future.
It seems correct judgment S.Yu. Morozov, who defines a framework contract as an agreement between two or more persons aimed at the systematic organization in the future of other contractual obligations (local contracts), as a rule, between the same persons, by determining the most general conditions for their conclusion (execution) 1 .
Secondly, paragraph 2 of Art. 429.1 calls the framework contract a legally significant transaction, regardless of what conditions are not agreed upon in it. In clause 7.8 of Section V of the Concept for the Development of the Civil Legislation of the Russian Federation, a framework agreement is defined as a concluded and fully valid agreement.
Unlike a preliminary framework agreement, this is not an agreement that gives rise to an unconditional obligation to conclude an agreement, but a concluded agreement, the individual terms of which are subject to clarification in the future.
Seeing a special subject in the framework (organizational) contract, it must be recognized as independent and requires delimitation from subsequent actions. In other words, it is quite a “mature” treaty. It cannot be recognized as non-concluded just because some conditions will appear later. The fact of concluding a framework (organizational) agreement gives rise to special relations between the participants, only superficially resembling classical obligations. It does not at all follow from this that rights and duties are not born. For example, the obligation of the bank to issue a loan on agreed terms under the master agreement to open a credit line. And we see no obstacles to believing that penalties may be applied for failure to fulfill this obligation.
(the universal sanction as compensation for damages is also valid here without a special mention in the text of the framework agreement).
Thus, the existence of this contract does not depend on the fact that the parties did not subsequently agree on such a term or a third party did not determine it, unless there is another means to make this term specific. The master agreement has all the qualities of a transaction, since it is a legitimate volitional action of its participants, is aimed at a well-defined legal result - the acquisition of the right to demand from the counterparty the execution of local contracts on the terms of the master agreement, is made in a certain form and has its own content.
When concluding a general agreement on opening a credit line, a two-level system of contractual relations is formed, consisting of a “main agreement” (general agreement on opening a credit line), which builds the framework for future economic relations between the parties, and independent “local agreements” (loan agreements) aimed at for the implementation of the framework agreement. Thus, the framework (main) agreement and the agreement following from it, with all their genetic and other connections, should be assessed as independent legal phenomena. But at the same time, they form a single complex system: the framework (basic) agreement, in itself, is not self-sufficient without local ones; local agreements are the "development of the dynamics" of the framework (main) agreement.
It seems that the general agreement on the opening of a credit line should formulate the obligation of the parties to this agreement to conclude loan agreements in the future. It must be recognized at once that this obligation is somewhat contradictory. L.G. Efimova notes that the answer to the question whether or not the parties to the framework agreement are obliged to conclude annex agreements depends largely on the specific conditions basic contract. It follows that it would be more correct to speak not about the obligation of the parties to enter into future contractual relations, but about the need for them to conclude such contracts. In this sense, the framework agreement is always associated with the conclusion of annex agreements in the future, but in most cases it does not oblige the parties to conclude them 1 .
What is the benefit for the participants of credit relations is such a "framework" agreement? Firstly, the time spent on drawing up and signing local (loan) agreements is reduced to a large extent, since in the future the issue is reduced only to specifying separate conditions, - this greatly facilitates and intensifies the process of obtaining a loan.
Secondly, the framework lending regime also provides an opportunity to optimize interest payments by allowing the borrower to pay only for the funds actually used and only for the period in which they were used.
Thirdly, the borrower has the right to receive a loan more than once on the day specifically provided for in the agreement, but when he needs it, in parts, but within the established limit.
Fourthly, this agreement does not oblige the borrower to use the unconditional right to receive a loan within the agreed debt limit - he can use this right in full, in part or not at all. What is important, the borrower gains confidence in the future, because he clearly understands that, thanks to such a framework agreement, he will receive funds in the amount agreed by the bank.
As a result, participants in long-term property (credit) relations take out of the scope all the terms of the contract that have an organizational property and are unchanged for a whole stream of homogeneous property (credit) relations of the parties.
The general agreement on the opening of a credit line defines only the "general conditions" of the legal relations of the parties, on this basis, it can be attributed to agreements of an organizational nature. The immediate goal of such a framework (organizational) agreement is the organization and streamlining of the flow of homogeneous property relations between the same participants in credit legal relations. M.A. Egorova notes that “special types of dynamic organizational relations are obligations from preliminary, framework and option contracts aimed at the emergence of other obligations in the future.
The model of the framework agreement, in the sense that it is invested in the Civil Code of the Russian Federation, allows it to organize both “internal” relations, i.e. those that will be covered by the terms of the framework agreement itself (for example, when clarifying its terms by unilateral bids or otherwise on the basis of or in pursuance of the framework agreement), as well as “external” relations that will develop as a result of the conclusion of independent agreements.
It can be argued that the general agreement on opening a credit line, being a framework (organizational) agreement in the field of lending, should contain two groups of conditions: 1) conditions regarding the organization of the conclusion of local (credit) agreements within the framework of a credit line; 2) conditions that are common to each loan agreement to be concluded. For example, in paragraph 1.2 of the General Agreement on the provision of a credit line dated July 19, 2007 N 116, concluded between Novosibirsk Municipal Bank OJSC and ENERGO-Resource Limited Liability Company, it is stipulated that the general (framework) agreement determines general principles the relationship of the parties and some conditions of the loan obligation (limit, debt, interest), while each agreement on the provision of a tranche is a separate loan agreement, by which the parties agreed on the issuance of specific loan amounts for specific periods within the framework of the conditions stipulated by the general agreement.
To essential conditions of the general agreement on opening a credit line in the literature, judicial and business practice include the general conditions of lending, the condition on the issuance limit and (or) the borrower's debt limit, the condition on interest paid for the actually granted loan, as well as the procedure for their payment 1, the condition for payment the borrower of a special remuneration to the bank for lending on the terms
credit line, the duration of the general agreement on opening
credit line, a condition on the procedure for granting a loan for each
additional agreement.
So, the contract for comprehensive banking services is a mixed contract, in which, by agreement between the client and the bank, the terms of the contracts known to civil law and banking practice for certain types of banking services are included. As a rule, a comprehensive banking service agreement is concluded according to standard rules approved by the bank by joining them in full or some of them, which predetermines it legal nature as a mixed type, accession and framework agreement.
