A banking agreement is a document confirming the cooperation of a banking institution with a client, describing the conditions for providing him with certain banking products. The agreement is, in fact, a public offer, an offer to become a client of the bank. The client, by signing the contract, agrees with all its conditions, becoming a client. The bank account agreement implies the obligation of the bank to keep the client's money and credit the amounts of funds that come to the account. The client has the right to give written instructions regarding actions with the account, to issue powers of attorney to his representative for the disposal of money on the account.
The bank account agreement of an individual entrepreneur provides for the crediting of both rubles and foreign currency to the account. To open an account, an individual entrepreneur must submit the following documents to a bank employee:
Certificate issued by the Federal Tax Service during state registration, its copy (certified by a notary or in the bank itself);
Extract from the USRIP;
Passport, other document that serves as proof of identity and its copy certified by a bank or a notary;
Notification of registration with the Federal Tax Service of a person who is an individual entrepreneur;
TIN of the entrepreneur.
Also, a business entity must submit documents to the bank that guarantee its solvency. This requirement is subject to fulfillment by the entrepreneur if he formalizes the opening of an account for commercial purposes. Information about financial position Individual entrepreneurs can be indicated in the financial statements for the past calendar year, a tax return, an auditor's report on the annual accounting report, which confirms the reliability and adequacy of accounting reports, a certificate from the Federal Tax Service on the timely and complete transfer of tax payments. Some banking institutions may require the submission of documents confirming the absence of lawsuits against the IP on declaring it bankrupt or the initiated procedure for closing the IP due to its insolvency.
The bank account agreement of an individual entrepreneur provides for the submission of an application of the form established by the bank and the completion of a special questionnaire. Further, the actual contract for the settlement and cash services of the entrepreneur is filled out. The standard text of the agreement stipulates the procedure for crediting and withdrawing cash from an IP account, a withdrawal limit (if one is set by the bank), the possibility of disposing of the account of an entrepreneur’s trustee, the procedure for closing an account, accruing interest on the balance of the amount, and so on.
The bank account agreement of an individual entrepreneur also provides for the drawing up of a card with a sample signature of a businessman and, if he has a seal, its imprint. After opening a bank account, the business entity submits a certificate with the account number and bank details to the Federal Tax Service that registered the individual in the status of an individual entrepreneur. This must be done within a week from the day the account was opened.
Almost all major banks provide their customers with web banking services that allow you to track the movement of funds on accounts, make payments directly from your home or work computer. This service becomes available after registration on the official website of the bank in which the individual entrepreneur opened a service account. To do this, you need to know the card account or card number, if the individual entrepreneur has issued a plastic card for crediting funds. Some banks, in order to log into the client's web banking, require confirmation of his identity and issue a password for use personal account only at a bank branch or at the main office.
When choosing a bank to draw up a service agreement, an individual entrepreneur should be guided by its reputation and longevity in the banking services market. Another important point is the participation of the bank in the customer deposit insurance system in the event of its insolvency or declaring the bank bankrupt. This will give some guarantees to the individual entrepreneur for the safety and possibility of returning his funds in bank accounts.
Drawing up a bank account agreement with clients
Article 845 of the Civil Code of the Russian Federation stipulates that, in accordance with the Bank Account Agreement, the bank undertakes to accept and credit funds incoming to the account opened to the client (account holder), fulfill the client’s order to transfer and issue the appropriate amounts from the account and conduct other operations on the account. The Bank is not entitled to determine and control the direction of use of the client's funds and establish other restrictions not provided for by law or the bank account agreement on its right to dispose of the funds at its own discretion. At the same time, the bank can use the funds available on the account, guaranteeing the right to dispose of these funds without impediment.
The bank account agreement is concessional, bilateral and reimbursable.
Relations under a bank account agreement are regulated by Chapter 45 of the Civil Code of the Russian Federation by banking instructions and rules. Commercial banks independently, taking into account the requirements of the law and established banking rules, develop standard forms of bank account agreements. On the terms that they carry out settlement and cash services. The client can accept the contract in its entirety, or if he is not satisfied with at least one of the proposed items, refuse to conclude the contract. The bank account agreement, by virtue of the requirements of Article 161 of the Civil Code of the Russian Federation, must be concluded in a simple written form.
For settlements, banks open settlement, budget and current accounts for their customers.
Settlement accounts
open to legal entities various forms of ownership, having an independent balance sheet and engaged in entrepreneurial activities.
budget accounts
They are opened by organizations and institutions that receive funds from the republican and local budgets for their activities.
Current accounts
Organizations and institutions that are not engaged in entrepreneurial activities are opened, as well as current accounts in foreign currency.
Currency accounts
They are opened to all legal entities to perform settlements on export-import operations.
Opening and closing customer accounts
To open a bank account, the following documents are required:
1. Application of the established form.
2. Notarized copies of constituent documents.
3. Certificate from the tax authority, on the delivery of registration.
4. Letter from the territorial body of the state of statistics with the assigned organization codes.
5. Card with samples of signatures and prints of the printing company.
6. Extract from the order on the appointment of the chief accountant.
To open an account for non-residents of the Russian Federation, extracts from the commercial or banking register are additionally provided, which determines the legal status of a non-resident in accordance with the legislation of the country of its location. A responsible employee of a commercial bank checks the correctness of execution and completeness of the submission of documents and submits them to a lawyer to verify the legality and reliability of the submitted documents. An account is opened upon the presence of a client's application, a permissive inscription of the chairman of the board or his deputy and the chief accountant of a commercial bank. A commercial bank may charge a certain fee for opening and maintaining an account. Accounting documents are stored in the accounting department in a safe in ascending order of numbers. The card with sample signatures and a seal imprint is kept in a special filing cabinet by the teller. The client is informed of the account number and the operator with whom the client will work. An open account and all details for each client are entered in the register of open accounts.
The required log details are:
1. Account number
2. Name and address of the client
3. Account opening date
The journal is a strictly accountable document, kept by the chief accountant in a safe, must be numbered, laced and sealed. On opening an account, the chief accountant makes notes on the original copy of the charter indicating the account number and certifies it with the official seal of the bank. The client is issued a certificate for the tax office on opening a current account (individuals and legal entities). Open accounts in commercial banks have 20 symbols (characters). It includes: balance account of the second order - 5 characters, currency code - 3 characters, security key - 1 character, branch number - 4 characters, serial number of the personal account (in order) - 7 characters. An account can be closed by decision of the account holder, the owner of the property of the enterprise, the bank or the Arbitration Court. At the initiative of the client, the bank account agreement can be terminated at any time without any conditions.
The Bank may terminate the agreement on settlement and cash services in the following cases, if it is provided for by the agreement:
1. Failure to comply with the minimum account balance requirement.
2. Within a month from the date of notification of the bank's client about this.
3. If there is no operation on the account during the year.
The Bank closes the legal entity on the basis of a relevant court decision. Termination of contractual relations is carried out in two stages:
1. Termination of the contract
2. Account closing
Within seven days after termination of the contract, the balance of funds available on the account must either be issued to the client or transferred to another account. The account can also be closed if the company has been declared bankrupt.
A credit institution, attracting temporarily free funds into deposits, accumulates significant attracted capital. In order to place funds, one of the most important passive banking operations- opening and maintaining a bank account.
Bank account – a form of mediation of funds accepted by the bank for deposits.
According to the bank account agreement the bank undertakes accept and credit funds received to the account opened by the client (account holder), execute the client's instructions on transferring and issuing the appropriate amounts from the account and performing other operations on the account.
Bank can use funds available on the account, guaranteeing the right of the client to freely dispose of these funds. 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 bank account agreement on its right to dispose of the funds at its own discretion.
The bank account agreement is concluded in simple writing(Clause 1, Article 161 of the Civil Code of the Russian Federation). As a rule, the bank and the client conclude single treaty bank deposit and bank account. Legislation on banks and banking activity allows the possibility of concluding a bank account agreement by offers(submission of an application and other documents for opening a bank account) and acceptance(permissive inscription of the head of the bank).
The bank account agreement is consensual, bilaterally binding, reimbursable. By general rule, the bank account agreement is termless, although the parties, when concluding it, have the right to stipulate the validity period of this agreement.
The parties to the agreement are:
- bankas a credit institution, the right to maintain bank accounts of which is recorded in the license for banking operations;
- customer, which is a legal entity, an individual entrepreneur, an individual.
When opening a bank account, the client provides a package of documents necessary for the credit institution to carry out operations on the account. Reason for opening an account serves as a statement signed by the client - an individual, or the head and chief accountant of the client - a legal entity.
Legal entities and individual entrepreneurs provide a credit institution with:
Certificate of state registration;
An extract from the unified state register of legal entities or the unified state register of individual entrepreneurs;
Notarized copies of constituent documents;
Certificate of registration with the tax authority;
Card with samples of signatures and seal imprints;
Documents (minutes of general meetings, decisions of the founder, appointment orders) confirming the authority of persons authorized to manage the funds on the account (as a rule, the general director and chief accountant of the legal entity).
The documents collected by the account holder constitute basis of banking client, which is maintained by a credit institution. Separately, in specialized file cabinets, cards containing samples of signatures and seal impressions are stored.
By concluding a bank account agreement, the credit institution and the client assume a number of rights and obligations that make up the content of the agreement. The account holder, as in the bank deposit agreement, is an economically weak party, therefore, when concluding the agreement, the main responsibilities are assigned to the credit institution. The Client is obliged to comply with the procedure for opening and maintaining a bank account provided for by the current legislation, the requirements of the law, banking rules regarding the procedure for conducting non-cash payments and processing settlement documents; as well as to ensure timely payment for bank services for transactions with funds on the account (in cases stipulated by the agreement). The client is not limited either in choosing the form of non-cash payments that best suits his interests; nor in the number of bank accounts (settlement, deposit and others) opened in any currency.
The bank has the right to provide credit to the client's bank account (Article 853 of the Civil Code of the Russian Federation).
The Bank undertakes to accept the client's funds to his bank account; open and maintain client accounts (crediting the client's bank account with money received for him and debiting funds from the account on the basis of the client's order); timely and correctly perform settlement and cash transactions on behalf of the client, while observing the requirements established by law, the contract, banking rules and business practices regarding the procedure and terms for making payments. It should be noted that in the course of such operations, the funds are credited and debited by the bank no later than the business day following the day the relevant payment document is received by the bank. When carrying out settlement and cash transactions, the credit institution undertakes to keep banking secrecy about the account and operations on the client's account in accordance with paragraph 1 of Art. 857 part 2 of the Civil Code of the Russian Federation, Art. 26 of the Federal Law "On banks and banking activities".
Refuse a client the bank is not entitled to open a bank account, except in cases where the reason for the refusal is the inability to accept the client's funds or the refusal is allowed by the current regulatory legal acts.
One of the essential conditions of the bank account agreement is the payment of interest to the client for using the bank with the funds in the account. As a general rule, the amount of interest is credited to the account within the terms stipulated by the agreement.
According to the bank account agreement, the following can be accrued:
- accrued interest on passive operations of the bank (on operations related to raising funds) - interest due to be paid to the bank's clients on the funds attracted from them and recorded on the account for recording the bank's obligations to pay interest;
- interest paid on passive operations of the bank - interest credited to the accounts of bank customers (settlement, current), paid in the prescribed manner in cash from the bank's cash desk, debited from the correspondent account of the borrowing bank, credited to the correspondent accounts of the creditor bank;
- arrears of the bank to pay interest(overdue debt of the bank) - interest accrued by the borrower's bank on attracted funds in favor of legal entities, including banks, but not paid upon the due date established by the relevant agreement or upon the occurrence of obligations stipulated by the agreement.
Interest can be calculated in one of four ways in accordance with the terms of the agreement: using simple or compound interest formulas; using fixed or floating interest rate. If the agreement does not specify the method of accruing interest, then accrual is carried out according to the simple interest formula using a fixed interest rate. When calculating interest, the value of the interest rate (as a percentage per annum) and the actual number of calendar days for which funds are attracted are taken into account. Accounting records of transactions for attributing the amounts of accrued interest are carried out by the “cash” method (attribution by the borrowing bank of interest accrued on funds raised to the implementation of the relevant accounting entries is carried out on the date of their payment) by the “accrual” method or method (all interest accrued in the current month is not later than the last business day of the current month are charged to the bank's expenses).
When closing bank accounts of bank customers, interest on attracted funds is accrued until the date of actual closing or transfer of the account, inclusive; balance on bank account at the same time, it is the sum of the balance of funds available on the account and the interest credited to the account upon its closure.
Credit organization is responsible in case of untimely or incomplete crediting (debiting) to the client's account not only of the received funds, but also of accrued interest.
Closing of a bank account is carried out upon termination of the bank account agreement. According to the owner account it must be closed by a credit institution at any time. At the initiative of the bank bank account agreement can be terminated in judicial order in the following cases:
· if the amount of funds kept on the client's account turns out to be lower than the minimum amount stipulated by banking rules or the agreement, and will not be restored within a month from the date of the bank's warning about it;
· or in the absence of transactions on this account during the calendar year, unless otherwise provided by the terms of the agreement.
When closing a bank account, the balance of funds on the account is returned to the client or transferred to another account in the same or another credit institution at the direction of the client. The transfer of funds must be made no later than seven working days upon receipt of a relevant written application from the client; unpaid settlement documents that are in the card file of settlement documents not paid on time (card file No. 2) are returned to the claimants; the client is paid interest accrued on the day the account is closed.
The contract is concluded in simple writing. As a rule, the bank and the client conclude single bank account agreement, although the current legislation allows the possibility of concluding such an agreement by offer(submission of an application and other documents for opening a bank account) and acceptance(permissive inscription of the head of the bank).
Refuse a client in opening a bank account, the bank is not entitled, except in cases where such a refusal is caused by the inability of the bank to accept for banking services either refusal is allowed by law and other legal acts.
For opening bank accounts the client provides the following documents:
– an application for opening an account, signed by the head and chief accountant of the account holder;
- a document (certificate) on state registration of an organization (enterprise, institution);
– copies of the duly approved charter (regulation);
- a card with samples of signatures and seal imprints.
In the future, the above documents are stored in the account registration file - the legal file of the client (except for the bank card of signatures and seals, which is stored in a special file cabinet).
The bank is obliged to perform operations for the client, provided for accounts of this type law, banking rules established in accordance with it and applied in banking practice business practices unless otherwise provided by the bank account agreement.
Main Operations made on a bank account are:
- crediting incoming funds to the client's account;
- debiting certain amounts of money from the client's account. The debiting of funds from the account is carried out by the bank on the basis of the client's order or with his consent. Without customer order debiting funds on the account is allowed by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.
If there are funds on the account, the amount of which is sufficient to satisfy all the requirements presented to the account, these funds are debited from the account in the order in which the client's orders and other documents for debiting are received ( calendar sequence), unless otherwise provided by law.
In case of insufficient funds in the account to satisfy all the requirements presented to him, the debiting of funds is carried out in the following order:
- first of all, write-offs are carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony;
- in the second place, write-offs are made according to documents providing for the transfer or issuance of funds for settlements on the payment of severance benefits, on the payment of remuneration under an author's agreement;
- in the third place, write-offs are made according to payment documents providing for the issuance of funds for settlements on wages with persons working under an employment contract, as well as on deductions to off-budget funds.
practice report
5. Drawing up agreements for opening an account for a client, procedures for opening and closing personal accounts, statements, refunds in case of incorrect crediting to the account
Acceptance of documents from Clients required for opening and closing a Bank Account, provided for by this Procedure, verification of the proper execution of documents, completeness of the information provided and their reliability is carried out by the Operator.
To open an account, the Operator determines whether the person who applied to open an account acts on his own behalf or on behalf of another person who will be the Client.
When opening a Bank Account for a Client, the Operator checks whether the Client has legal capacity (capacity), identifies the Client, the Client's Representative, the beneficiary, takes reasonable and accessible measures in the circumstances to identify the beneficial owner.
To open a Bank Account, the Client provides the following documents:
Identification document;
The Trustee submits a Power of Attorney confirming that he has the authority to open a Bank Account to manage funds in the Bank Account, as well as an identity document;
Notarized Card;
Certificate of registration with the tax authority;
If the Client is a non-resident of the Russian Federation, in addition to the above documents, presents a migration card, as well as a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation;
The Operator enters all information into the ABS in the Questionnaire generated electronically. The Operator informs the Client that in case of changes in the information provided to the Bank when opening a Bank Account, the Client is obliged to provide the Bank with documents (copies thereof) confirming the changes in this information.
Documents coming from the Client for submission directly to the Bank (application for opening/closing an account, application for confirmation of the address of the actual place of residence of the Client) are provided by the Client in the original.
At the same time, the ABS automatically records the opening of a Bank account in the electronic Book of registration of open personal accounts.
The book of registration of open personal accounts of clients is formed in accordance with the requirements of the Accounting Policy of the Bank and regulatory documents of the Bank of Russia (Regulations of the Bank of Russia dated 16.06.2012 No. 385-P), is kept in the Bank, the Branch of the Bank in electronic form in the ABS and printed on every first day of the year.
If the Bank erroneously credited funds to another client account, it is obliged, immediately after discovering its mistake, to transfer these funds to the account of the recipient to whom they were intended. At the same time, the bank is obliged to immediately send a notification to the improper recipient about the implementation of an erroneous transfer and the need to return the specified amount within three business days from the date of receipt of such notification.
If the Client erroneously credited funds to another account, the Bank is obliged, at the request of the Client, to immediately send a notification to the improper recipient about the erroneous transfer to him and the need to return the specified amount within five business days from the date of receipt of such notification.
The bank account agreement can be terminated:
1. By agreement of the parties.
2. According to the client's request.
3. In the event of the Bank's unilateral refusal to execute the Bank Account Agreement in the manner and in the cases provided for by law.
Upon receipt of the Application from the Client to close the account, the Operator:
Verifies the powers of the persons who signed the Application;
Identifies the Client by ordinary visual inspection;
Puts a mark / stamp on the acceptance of the Application indicating the date, position and last name, first name, patronymic, signs the Application;
Closing of a bank account is carried out by making an entry on the closure of a personal account in the electronic book for registering open accounts no later than the working day following the day of termination of the Bank Account Agreement.
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