Good day!
An acceptance is a unilateral act (even if it is spelled out in the text
agreement) and does not require the borrower / client of the bank to reach an agreement on the possibility of its revocation or change with the bank.
In this case, you can do the following:
Write to Sberbank an application in which you indicate the cancellation of a previously given acceptance (on your copy of the application, be sure to put the bank's mark on the acceptance of the application);
Close the "salary" account and open it in another bank. According to Art. 136 of the Labor Code, the employee has the right to replace the credit organization to which the salary is to be transferred by notifying the employer in writing about the change in the details for the transfer of wages no later than five working days before the day of payment of wages.
But you need to take into account that Sberbank has the right to go to court with a claim for debt collection, after which it will receive a writ of execution and, on the basis of a writ of execution, will write off funds from your account.
On this issue, there is a corresponding letter from the Bank of Russia, which indicates the possibility of revoking this acceptance in advance to write off funds.
Bank of Russia letter
dated November 30, 2015 N 31-2-12 / 12743
Order
making non-cash payments in the form of transferring funds on
the beneficiary's request (direct debit), where
it is envisaged to write off funds from the payer's bank account from
his consent (acceptance of the payer) by order of the recipient of funds,
established by Article 6 of the Federal Law "On the National Payment System" (hereinafter - the Law).
V
in accordance with this article, the right of the recipient of funds to present
requirements for the payer's bank account must be provided
the agreement between the transfer operator serving the payer
funds and the payer. At the same time, Article 6 of the Law
it is stipulated that the payer must give consent (acceptance) in the contract
between the money transfer operator serving the payer and
by the payer either in the form of a separate document or message before
receipt of a claim by the recipient of funds or after its receipt
money transfer operator serving the payer (clauses 2 - 3).
In addition, paragraph 11 of Article 6 of the Law provides for the possibility of the payer's refusal to accept.
In accordance with the specified requirements paragraph 2.9
Provisions of the Bank of Russia dated June 19, 2012 N 383-P "On the rules
transferring funds "(hereinafter - the Regulation) is established
obligation of the payer's bank upon receipt of the recipient's order
funds requiring the acceptance of the payer, to monitor the availability
the payer's acceptance given in advance in accordance with sub-clause 2.9.1 of the said clause, or in the absence of the previously given acceptance of the payer, receive the payer's acceptance in accordance with sub-clause 2.9.2 of this clause.
In view of the foregoing, we believe that it is legitimate to establish by subparagraph 2.9.1 of paragraph 2.9
Provisions of the norm providing for the right of the payer to change the conditions
your acceptance or revoke the previously given acceptance in the manner
established by the agreement, regardless of the form of submission of consent
(acceptance).
AGREEMENT NO.
on a pre-given acceptance
Krasnodar "____" __________ 20___
Bank "Pervomaisky" (public joint stock company), hereinafter referred to as "Creditor", represented by _______________________________________________________________________________________________, acting on the basis of __________________________________________________________________, on the one hand, and _______________________________________________________________ , hereinafter referred to as "Bank", represented by ____________________________________________________________________, acting on the basis of __________________________________________________, on the other hand, and ___________________________________________________ , hereinafter referred to as "Customer", represented by _________________________________, acting on the basis of __________________________, from a third party, hereinafter collectively referred to as "Parties", have entered into this Agreement on pre-given acceptance (hereinafter - the "Agreement"), on the terms set forth below.
1. The Client hereby gives an acceptance to the Bank for debiting, under the terms of this Agreement, the funds held and received on the current account No. ____________________________ opened with the Bank on the basis of the Lender's payment requests containing a link to this Agreement and clauses 8.2, 8.5, 10.8, 10.9 Appendix No. 11 to the Unified Banking Service Agreement (Conditions for organizing cashless settlements using payment cards), concluded between the Lender and the Client "___" ______ 2016 on the basis of an application for accession No. ______ (hereinafter referred to as the Agreement), in order to repay the debt to the Lender ( including the amount of the principal debt, the amount of interest, penalties, fines, penalties and expenses arising from the Agreement), and the transfer of funds to the account specified in the Lender's payment request.
2. Payment requests must be drawn up and submitted by the Lender to the Bank in accordance with the requirements of the current legislation of the Russian Federation.
3. The payment request is subject to execution by the Bank no later than the business day following the day of its receipt by the Bank.
4. In the event of the absence or insufficiency of funds on the Client's account specified in clause 1 of this Agreement, the Bank places the Lender's payment request in the card index of unpaid settlement documents and executes it in accordance with the priority established by the current legislation of the Russian Federation as the funds are received to the Client's account specified in clause 1 of this Agreement.
5. When fulfilling the Lender's payment requests, the Bank does not consider the Customer's objections to the withdrawal of funds from his account, and also does not verify the existence in the text of the main agreement of the Lender's right to issue payment requests to write off funds, the validity of the write-off and the compliance of the amounts indicated in the payment requests with the amount the Client's debt under the Agreement. The Lender is responsible for the validity of the collection of funds from the Client's account.
6. This Agreement shall enter into force from the date of its signing by the Parties and terminate at the moment the Bank receives by mail or by courier a written notification of the Lender on the termination of the Client's obligations to the Lender under the Agreement.
7. This Agreement is an integral part of the Bank Account Agreement No. _______________ dated "__" ______ 20__.
8. When opening other accounts of the Client with the Bank, the Client informs the Lender in writing about the opening of these accounts within 3 (three) business days from the date of opening the account. Within 3 (three) business days from the date of receipt by the Lender of the said message, the Bank, the Client and the Lender have the right to conclude an agreement on the debiting of funds in favor of the Lender from other accounts of the Client with the Bank, except for the one specified in this Agreement.
9. This Agreement is made in three copies, one for the Bank, Client, Lender.
10. Addresses and bank details of the Parties:
Creditor: Bank "Pervomaisky" (PJSC)
K. sc. No. 000 in GRKTs GU Bank
Russia in the Krasnodar Territory,
Bank:
Customer:
From the Lender From the Bank From Client
__________________ / ____________/ _________________ /____________/ ________________ /____________/
(signature) (full name) (signature) (full name) (signature) (full name)
- consent to payment of the presented settlement documents, acceptance of the proposed conditions.
In accordance with Art. 438 of the Civil Code of the Russian Federation:
“Acceptance is the response of the person to whom the offer is addressed to accept it.
The acceptance must be complete and unconditional.
Silence does not constitute an acceptance, unless otherwise arises from the law, custom of business or from the previous business relationship of the parties.
The performance by the person who received the offer, within the time period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the corresponding amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or is not specified in the offer ”.
With regard to banking transactions, acceptance is used in settlements with payment requests.
Payment claims submitted to the bank by recipients of funds through their servicing bank can only be accepted by the payer, i.e. to be paid only with the consent of the payer and at his order.
The deadline for acceptance is usually established by an agreement between the payer and the recipient of the funds and is indicated on the payment request. In the absence of such an indication, the period for acceptance is considered to be 5 working days. Those. during this period, the payer must submit to the bank a document of acceptance (consent to payment) or refusal to accept.
Refusal of acceptance can be either complete, for the entire amount of payment, or partial (for example, in cases of incompleteness, poor quality of goods, arithmetic error, etc.).
If, within the time period established for acceptance, the bank does not receive the payer's consent to payment or his refusal to accept in the prescribed form, the bank will return the payment request to the recipient of funds without execution.
The acceptance of a payment (settlement) document may be given in advance.
This acceptance in advance is the consent to the payment of the payment (settlement) document given by the payer in advance (before the receipt of the payment document to the bank) in the agreement between the bank and the payer, or drawn up as a separate document. It should be noted that the preparation of this acceptance in advance presupposes an indication of the amount of acceptance or the procedure for determining it, information about the recipient of funds who has the right to submit orders to the payer's bank account, about the payer's obligation and the main agreement, indicating the possibility (impossibility) of partial execution of the order, and other information.
In the case of an acceptance given in advance, the "Deadline for acceptance" field of the payment request is not filled in.
For reference: Since 2012, settlements have been canceled with payment requests "Without acceptance" of the payer. In addition, the term "Preliminary acceptance" has been deleted.
The concept of "Acceptance" is also applicable in settlements by letters of credit and bills of exchange.
Banks can accept the payer's payment documents, thus giving a guarantee of their payment (Bank Acceptance). In case of insolvency of the payer, the acceptor bank pays for these documents. It is used in foreign trade operations, settlements by letters of credit and bills of exchange.
The acceptance of a bill of exchange is drawn up by the debtor on a special field of the bill and means his (the debtor's) consent to the payment of this bill. The obligation to pay the bill of exchange by the debtor arises only after he accepts the bill.
A selection of the most important documents on demand Advance given acceptance(regulations, forms, articles, expert advice and much more).
Forms of documents: Advance given acceptance
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Arbitrage practice: Advance given acceptance
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As the court pointed out, the condition of the so-called "pre-given acceptance" is included by the bank in the general provisions of the rules offered to consumers, which the client cannot influence upon signing, therefore, this condition cannot be regarded as "pre-given acceptance", such a condition is not contains the amount of acceptance and the procedure for its determination, and therefore, it cannot be regarded as "a pre-given acceptance". The conditions are set out by the bank in such a way that the client does not have the right to choose: to allow the withdrawal of funds or to establish a procedure for additional approval, issuance of an order for the withdrawal of consumer funds. It follows from the foregoing that in this edition, the condition limits the client's right to freely independently dispose of funds in the bank account, which is a violation of Art. 16 of the RF Law "On Protection of Consumer Rights". Thus, the court refused to satisfy the company's demand to invalidate the instructions of the Rospotrebnadzor Administration.
Articles, comments, answers to questions: Advance given acceptance
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Clause 2.9.1 of the Regulation of the Bank of Russia dated June 19, 2012 N 383-P "On the rules for transferring funds" establishes that this acceptance of the payer can be given in advance in an agreement between the payer's bank and the payer and (or) in the form of a separate message, or a document, including an application for a previously given acceptance, drawn up by the payer in electronic form or on paper, indicating the amount of acceptance or the procedure for determining it.
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The contract may provide for the payment of the rent in a one-time advance payment for the entire rental period or in periodic payments, for example, monthly. In the latter case, it is advisable to indicate that the rent is periodically debited from the client's account either on the basis of a long-term order given by the client (orders for the periodic transfer of a certain amount on pre-agreed dates), or on the basis of an agreement on a previously given acceptance.
Normative acts: Advance given acceptance
3. Acceptance of the payer may be given before the receipt of the request of the recipient of funds (previously given acceptance of the payer) or after its receipt by the money transfer operator serving the payer. The payer's acceptance can be given in an agreement between the money transfer operator serving the payer and the payer, or in the form of a separate document or message.
2.9.1. This acceptance of the payer can be given in advance in an agreement between the payer's bank and the payer and (or) in the form of a separate message or document, including an application for this acceptance in advance, drawn up by the payer in electronic form or on paper, indicating the amount of acceptance or the procedure its definition, information about the recipient of funds who has the right to submit orders to the payer's bank account, about the payer's obligation and the main agreement, including in cases provided for by federal law, indicating the possibility (impossibility) of partial execution of the order, as well as other information. This acceptance must be given in advance prior to the presentation of the order by the recipient of the funds. This acceptance may be given in advance in relation to one or more bank accounts of the payer, one or more recipients of funds, one or more orders of the recipient of funds.
For reading 10 min. Views 735 Posted on 13.10.2018
The term "acceptance" is widespread in the financial sector. Ordinary people come across this term when applying for a loan. The "accepted" mark may confuse the citizen. Below we will consider the question of what acceptance is, and also talk about the rules for using this concept in various fields.
In fact, acceptance (English Accept - agree, accept) is the consent of the recipient of the document to pay or be responsible for timely payment for this document
Acceptance: definition of a concept
The term in question is often used in the field of entrepreneurship. In the event that one of the parties to the contractual relationship agrees with the original terms of the contract, this means that the agreement has been accepted. It is important to note that the second participant does not make additions to the signed document. In simple terms, acceptance is a kind of agreement with the terms of the transaction.
According to experts, not only contracts, but also other types of documents are subject to acceptance.
As a rule, this tool is used in situations where the parties to the transaction cannot meet in person. In this situation, one of the parties sends the other a copy of the contract. Upon agreement with the terms of the transaction, the firm sends an acceptance confirming the conclusion of the transaction. It is important to note that the current laws provide a list of restrictions on the use of acceptances:
- The absence of a response from one or more parties to the contractual relationship should not be considered as an unconditional agreement with the terms of the contract. The only exception is the situation in which the parties have signed an agreement in advance with different conditions.
- In the event that a party to an agreement, having received a contract, begins to fulfill the conditions without responding to the acceptance of the counterparty, the agreement is assigned the status of an accepted contract.
- The party acting as the initiator of the acceptance receives a written notification with consent to the execution of the contract or the refusal of the partnership. If the first situation develops, the second party undertakes to fulfill all the terms of the contract or pay a penalty.
It is important to note that the meaning of the term under consideration may differ depending on the scope of its use. The concept of "acceptance" can mean:
- Unconditional acceptance of the terms of the contract.
- Agreement with the terms of payment.
- Repayment of financial obligations under a promissory note.
Fulfillment of contractual obligations for personal reasons of one of the parties to the transaction. Summarizing all of the above, we can conclude that acceptance is an agreement with certain conditions. Also in the financial sector, the phrase "payment without acceptance" is often used. This term must be understood as a forced withdrawal of money from the account of a person who is in debt to a second party. It is important to note that this right is granted only to representatives of government agencies.
Features of the conclusion (conditions)
As we said above, the use of acceptance is advisable in cases where the parties to the contractual relationship cannot conduct personal negotiations with the aim of signing a contract. The party issuing the acceptance agrees to all the terms of the contract, depriving itself of the opportunity to make adjustments to the concluded agreement.
In addition, acceptance can be viewed as implicit actions within the framework of a public offer. Often, this term is considered as the use of the services of a participant in legal relations acting as an obligated party.
Acceptance is a procedure for considering the main conditions of a financial, payment or other document and making a decision on payment Varieties of acceptance
Acceptance is a standard procedure during which payment orders and other acts of a financial nature are reviewed. Upon completion of the consideration of documents, the participant in the transaction must make decisions on payment and maturity of financial obligations. Consent to the terms of the agreement is confirmed by a personal seal, a signature with an “acceptance” mark, or a digital signature.
According to current laws, the issuance of an acceptance implies full and unconditional consent to the requirements of the second participant. This means that the party using this tool cannot fulfill only part of the points set out in the contract. The Civil Code contains full information about the timing of the fulfillment of obligations, according to the issued acceptance.
Promissory note
In order to express consent to the payment of financial obligations on the basis of a promissory note, the party acting as a debtor must sign this document. The need to confirm consent to the payment of debt arises only when bills of exchange are used. Here it is necessary to highlight the fact that the date of acceptance of the bill is the day on which the debtor put his signature on the document. In the case of a promissory note, there is no need to apply a mark, since the countdown of the period for repayment of debt begins from the day the paper is received.
It is necessary to confirm agreement with the terms of the bill only in cases where the party who issued this document specified the point on the issue of acceptance. Payment on bills of exchange is carried out within a certain time period from the moment of presentation of the document.
In banking practice
We have already said above that the instrument in question is often used in banking practice. In this area, "acceptance" means the bank's consent to the issuance of funds as a loan... Before giving permission for a loan, employees of a banking organization carefully study the client's credit history.
As an example of how this tool works, consider a small practical example. The entrepreneur who is a client of the bank wishes to make the payment according to the agreement. The funds must be credited to the counterparty's account within a certain period. However, the entrepreneur himself lacks financial resources. In this case, the entrepreneur may ask the bank to make a transfer in the name of the counterparty. Bank employees, having analyzed the credit history of their client, make a decision on this issue. Then the bank waits for the moment of receipt of new funds to the account of its depositor in order to deduct the amount spent.
It should be noted that in banking practice, terms such as prior and subsequent consent are used. The credit institution that has received the payment order must receive confirmation from the payer. After obtaining consent, the funds intended for payment are frozen for three days. This period is set aside so that the payer can change his mind and refuse to transfer funds. If there is no withdrawal of funds after the aforementioned period, the bank conducts the transaction.
Acceptance can be transferred to the sender of the document by means of an electronic signature, an inscription on the document or other means of communication Offer
Acceptance with the terms of a public offer should be understood as confirmation of consent to the execution of a contract in accordance with the conditions fixed in the document. As a rule, a public offer consists of several large sections, which include many different points. The second party to the transaction may need a long time period to study all the conditions proposed by the counterparty. It should be noted here that the receipt of a notification with notes on the meaning of some points and questions about the terms of the agreement cannot be considered as a formal consent to conclude an agreement.
According to lawyers, it is unacceptable to conclude contracts upon receipt of notifications containing not only acceptance, but also comments on various sections of the public offer. This nuance must be taken into account before starting to fulfill obligations under the contract, where the signature of the second participant is absent. Before starting work, it is recommended to settle all the legal subtleties and make the appropriate adjustments to the contract.
Check
The term “account accepted” implies the consent of the other party to the requirements of the party to the contractual relationship who made the payment order. This mark confirms agreement with both the amount of the invoice and the terms of execution of the object of the contract. Receipt of such confirmation means an early transfer of funds to the account of the sender of the goods or the organization providing the service. It should be noted here that the receipt of consent with the payment order cannot be regarded as the fact that the payment will occur earlier than the deadlines specified in the contract.
The acceptance of the invoice must be considered as a preliminary agreement on the amount and terms of payment. In the event that the participant who accepted the payment order does not agree with its content, then he may require his counterparty to make adjustments. Also, this member has legal grounds for refusing to pay. If an acceptance is issued, this company undertakes to pay within the timeframes specified in the payment order.
Contract
Entrepreneurs applying in their practice various acts requiring acceptance must use certain accounting methods. After the conclusion of the contract, the party to the transaction, acting as the seller, dispatches the goods or provides the service. After that, this party generates a payment order, which is sent by mail or transmitted in person.
The time limit for invoicing is five business days. An acceptance confirming agreement with the total amount payable and the maturity of the debt is recorded in the payment order or sent in a separate notification. The receipt of such a document is an official confirmation that all clauses of the contract will be fulfilled on time.
According to Russian legislation, acceptance is complete (it is impossible to accept part of the obligation) and unconditional (unconditional) Accepted Letter of Credit
The term "letter of credit" is used in relation to those contracts where, in addition to the main parties to the agreement, there is a third party. As a rule, the bank acts as an intermediary. The participant in the transaction, acting as the seller, is obliged to send the goods or perform the work in accordance with all the requirements of the contract. The customer of the product or service undertakes to timely transfer the payment. In such legal relations, the bank acts as a guarantor, monitoring the fulfillment of the obligations of each of the parties to the transaction. Most often, such transactions are carried out when concluding international contracts.
Acceptance is often used in the execution of contracts involving the participation of a bank. In most cases, acceptance is used in conjunction with a bill of exchange. The use of letters of credit allows:
- Take actions performed in accordance with a bill of exchange issued by the second party to the transaction.
- Possibility of transferring a bill of exchange to a third-party banking organization.
Based on the foregoing, we can conclude that the acceptance of a bill of exchange under a letter of credit must be considered as confirmation of the acceptance of all the terms of the contract, which was concluded with the help of this document. At the time of using the acceptance, all financial obligations are transferred to the third party to the legal relationship.
Current dates
Accept - what does it mean? As we said above, this mark indicates the acceptance of all obligations, according to the framework of the agreement. However, there are situations in which it is almost impossible to indicate specific deadlines for fulfilling obligations. As a rule, each entrepreneur independently sets the terms necessary for a comprehensive study of the documents received.
Also, experts recommend taking into account the specifics of commercial legal relations. In the absence of specific deadlines allotted for making a decision, the entrepreneur needs to contact the counterparty in order to agree on the duration of the time period allotted for making the final decision. It is important to note that an acceptance received after this period can be considered as consent to the terms of the contract.
What does "preliminary acceptance" mean?
As we noted earlier, in the banking sector, concepts such as "preliminary" and "subsequent" confirmation are used. Prior consent means that the payer gives the bank permission to transfer funds to his counterparty. It should be noted here that the absence of a cancellation within three days makes the payment accepted. You should also highlight the fact that the day on which the bank received the settlement document is not taken into account. The transaction itself is carried out within the next day after the expiration of the period allotted for the cancellation of the operation. If the bank received the payment order on Monday, then the transaction itself will be processed only on Friday.
"Subsequent confirmations" allows the bank to pay payments at the time of their receipt. In this case, the payer is also given the right to write a refusal to pay within the aforementioned period.
