Bank deposit agreement for individuals. Basic moments. Regulations for the storage periods of bank documents

CONTRACT N_________________

bank deposit natural person

(contribution "ACCUMULATIVE")

Moscow "___" _______________ __________

Stock Commercial Bank"Financial and Industrial Bank" (Open Joint Stock Company), hereinafter referred to as the "Bank", represented by _________________________________________, acting ___ on the basis of ___________________________________, on the one hand, and _______________________________________________, hereinafter referred to as the "Depositor", on the other hand, jointly referred to as the "Parties" have entered into this Agreement as follows:

1. Subject of the Agreement

1.1. Under the terms of this Agreement, the Depositor deposits, and the Bank accepts funds as a deposit in the amount of:

___________________________(____________________________________________

_______________________________________________________________________)

(deposit amount in figures and words, deposit currency)

1.2. Deposit storage period ____________________________.

The expiration date of the deposit storage period is _________________________________.

Date of return to the Depositor of the deposit amount ________________________________.

1.3. The interest rate on this type of deposit at the time of signing this Agreement is _____% (percent per annum) and is not subject to change during the storage period of the deposit set forth in clause 1.2. actual agreement.

1.4. On the day the Parties sign this Agreement (hereinafter referred to as the Agreement) and the Depositor provides the Bank with the documents specified in clause 2.1.2. Of the Agreement, the Bank opens a deposit account for the Depositor No. _______________________________ to account for the Depositor's funds.

The opening of a deposit account is carried out by the Bank in the personal presence of the Depositor.

The Depositor's contribution to the deposit can be carried out:

By depositing cash to the cash desk of the Bank,

1.5. The depositor has the right to make additional contributions to the deposit:

By depositing cash by the Depositor to the cash desk of the Bank,

By non-cash transfer by the Depositor of funds from the Depositor's account opened for him in the Bank or other credit institution.

Additional contributions to the deposit are accepted by the Bank from the Depositor in the amount not less than:

___________________________________________________________________

Frequency of deposit by the Depositor additional contributions to the contribution under the terms of this Agreement is not limited.

1.6. Deposit operations are carried out in the currency of the deposit.

The Depositor can receive interest accrued on the amount of the deposit in accordance with the terms of this Agreement, both in cash and non-cash forms, the Depositor is not entitled to carry out other debit transactions on his deposit.

1.7. Third parties (who are not the Depositor's proxies) may make additional contributions to the Depositor's deposit account, subject to the requirements of clause 1.5. of this Agreement only if the deposit account is opened in foreign currency Russian Federation.

2. Duties of the parties

2.1. The depositor is obliged:

2.1.1. Transfer to Bank cash in contribution on the day of signing by the Parties of this Agreement in the amount and in the manner established by clause 1.1. and 1.4. actual agreement.

2.1.2. On the day of signing this Agreement, provide to the Bank for opening a deposit all Required documents documents and information provided for by the rules for opening accounts and the procedure for identifying customers established by the Bank in accordance with the requirements of the current legislation of the Russian Federation and regulations of the Bank of Russia.

2.1.3. After opening a deposit account, provide additional documents at the request of the Bank in connection with changes in the requirements of the legislation of the Russian Federation and regulatory documents of the Bank of Russia.

2.1.4. Notify the Bank in writing:

On changes in the information transferred to the Bank on the day of signing the Agreement within 5 (Five) business days after the date of the change in the specified data;

On other changes that may affect the implementation of this Agreement by the Parties, including the granting (termination) of the powers of their authorized representatives who have the right to dispose of the deposit and receive extracts on deposit account and other documents.

The written notification of the Bank is carried out by the Depositor with the simultaneous provision of originals and copies of the relevant documents confirming the change in the above data and circumstances.

The Bank is not liable for possible losses of the Client that may arise for the Client as a result of non-fulfillment (untimely fulfillment) by the Client of the specified obligations.

2.2. The depositor has the right:

2.2.1. Upon expiration of the term of the deposit, established by clause 1.2. Contract:

a) claim the amount of the deposit in accordance with the terms of the Agreement;

b) extend the term of the deposit on the conditions stipulated by the Bank's Tariffs and the terms of this Agreement.

2.2.2. Regardless of the time that has passed since the conclusion of this Agreement, require the Bank to return the amount of the deposit.

2.2.3. Dispose of the deposit personally or through a representative authorized in accordance with the requirements of the Bank and the procedure provided for by the legislation of the Russian Federation.

2.2.4. Bequeath funds deposited to any person in accordance with the current legislation of the Russian Federation.

2.2.5. Require the Bank to provide statements on the deposit account.

2.2.6. Receive monthly interest on the deposit in the manner prescribed by the terms of this Agreement.

2.3. The bank is obliged:

2.3.1. Accept and take into account the funds received from the Depositor in the deposit account opened for the Depositor in accordance with clause 1.4. actual agreement.

2.3.2. At the first request of the Depositor presented to the Bank in accordance with the terms of this Agreement, return to the Depositor the amount of the deposit and interest accrued on the amount of the deposit in the manner provided for in clause 3.5. actual agreement.

In this case, the return of the deposit together with the interest accrued on the amount of the deposit is carried out by the Bank within 1 (one) business day following the day the Bank receives an Application for early withdrawal of the deposit from the Depositor.

2.3.3. Upon the expiration of the deposit storage period, return the deposited amount to the Depositor together with the interest accrued on the deposit amount and not paid by the end of the deposit term.

In this case, the return of the deposit together with the interest accrued on the amount of the deposit is carried out by the Bank within 1 (one) business day following the day of the end of the deposit term.

The return of the deposit to the Depositor is carried out by the Bank by transferring to the details specified by the Depositor, or by issuing cash from the Bank's cash desk.

2.3.4. Keep the secrecy of the deposit and provide information to state bodies and their officials only in cases and in the manner prescribed by the current legislation of the Russian Federation.

2.3.5. Accrue interest on the amount of the deposit in accordance with the terms of section 3 of this Agreement.

2.3.6. Issue, at the request of the Depositor, statements of the deposit account.

2.4. The bank has the right:

2.4.1. Within the deposit storage period, manage the Depositor's funds on his own behalf and at his own discretion, including by using them as credit resources, while guaranteeing the Depositor the return of the deposit amount and interest accrued on it in accordance with the terms of this Agreement.

2.4.2. Refuse the Investor in carrying out operations that contradict the deposit regime and / or the norms of the current legislation of the Russian Federation.

2.4.3. Require the Investor to provide additional information and documents in accordance with the changes in the current legislation of the Russian Federation.

2.5. If by the end of the deposit storage period (the next prolonged deposit storage period or early termination the deposit storage period at the initiative of the Depositor), the Depositor has an overdue debt to the Bank under the Agreements concluded between the Depositor and the Bank, the Bank has the right to write off funds without authorization from the Depositor's account in fulfillment of overdue obligations, as well as to write off funds from the Depositor's account in fulfillment of current obligations on the basis of the Depositor's Order.

In this case, the direct debiting and debiting of funds from the Depositor's account at his Order is carried out by the Bank from the deposit amount and accrued interest payable to the Depositor at the end of the deposit storage period (the next prolonged deposit storage period or early termination of the deposit storage period at the depositor's initiative).

Prolongation of the deposit storage period is possible if, after the direct debiting by the Bank of funds from the Depositor's account, the balance of funds in the deposit will not be lower than the amount specified in clause 1.1. actual agreement.

If, after direct debiting by the Bank of funds from the Depositor's account, the balance of funds in the deposit will be lower than the amount specified in clause 1.1. of this Agreement, then the storage period of the deposit is not subject to further prolongation, the balance of funds is credited by the Bank to the deposit account "on demand". In this case, the balance of the Depositor has the right to claim the balance of funds on the deposit:

By receiving cash from the Bank's cash desk,

By non-cash transfer of funds according to the details specified by the Depositor in the order for the transfer of funds.

3. Accrual of interest on the amount of the deposit

3.1. Interest under the Agreement is accrued by the Bank to the Depositor for each calendar day, from the day following the day of receipt of the deposit amount to the Bank, until the day of return of funds, inclusive.

3.2. Interest on the deposit is accrued by the Bank no later than the last business day of each month.

3.3. The payment of interest accrued on the deposit is made by the Bank on a monthly basis by crediting to the account on the Depositor's deposit with addition to the Deposit amount (capitalization).

3.4. The crediting of the interest accrued on the deposit to the Depositor's account is carried out by the Bank no later than the first business day of the month following the month following the results of which the interest on the deposit was accrued.

3.5. Upon payment of the entire amount of the deposit, before the expiration of the period provided for in this Agreement, the income for the storage period during the incomplete storage period is calculated in the manner and amount, established by the Bank on demand deposits in the respective currency.

If, during the storage period of the deposit, interest for any month was added to the deposit amount based on the interest rate established for the deposit, the difference between the accrued amount of interest and the amount of interest calculated based on the rate of demand deposits shall be reimbursed from the amounts due depositor.

3.6. Payment of the deposit to the heirs of the deceased depositor is made in the manner prescribed by the current legislation of the Russian Federation.

4. The term of the Agreement, the procedure for its termination and amendment

4.1. This Agreement shall enter into force from the date of receipt of funds to the Depositor's deposit account in the amount, procedure and period established by clauses 1.1., 1.4 and 2.1.1. actual agreement.

In the event that the Depositor does not deposit funds as a Deposit in the amount, procedure and time provided for in clauses 1.1., 1.4. and 2.1.1., this Agreement is considered not concluded.

4.2. This Agreement shall be terminated after the Bank pays the Depositor the entire amount of the deposit with interest due or debits the entire amount of funds from the Depositor's account upon his written Application upon expiration of the deposit storage period or early withdrawal of the deposit by the Depositor.

4.3. If at the end of the deposit storage period stipulated by the Agreement, the Depositor does not require the return of the deposit amount (clause 4.2. Of this Agreement), the Agreement shall be deemed to be prolonged for a new term on the terms applicable for this type of deposit, starting from the day following the day of the end of the previous term.

This Agreement may be prolonged no more than 2 (Two) times. The duration of each renewal period of this Agreement is equal to the period established by paragraph 1 of clause 1.2. actual agreement.

4.4. If the Depositor, upon the expiration of the second prolonged term of the deposit, does not claim the amount of the deposit and the interest accrued on it, the Bank shall credit the amount of the deposit and the accrued interest to the deposit account "on demand" in accordance with the terms of this Agreement.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment by the Bank of the obligation to return the deposit amount and pay the interest due to the Depositor according to the Depositor's request, as well as upon expiration of the deposit storage period, subject to the Depositor's observance of the conditions specified in clause 4.4. of this Agreement, the Bank is liable in the form of payment of a penalty to the Depositor in the amount of 0.05% (zero point and five hundredths of a percent) of the amount due for each day of delay in issuing the deposit.

5.2. The Parties are exempt from liability for full or partial failure to fulfill their obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, which the Parties could neither foresee nor prevent in reasonable ways. At the same time, the Parties undertake to notify each other in writing about the occurrence, duration and nature of the force majeure circumstances no later than 3 (Three) business days from the moment of force majeure circumstances.

5.3. At the request of any of the Parties, the Party referring to the force majeure circumstances is obliged to provide documentary evidence issued by the relevant executive authority of the Russian Federation.

6. Special conditions

6.1. Funds from the deposit account on the deposit can be issued to the Depositor's authorized person only if the Depositor submits to the Bank a Power of Attorney, in accordance with which the Depositor authorizes another person to receive funds from the deposit account for his deposit, as well as the presentation of the document by the Depositor's authorized person to the Bank , proving his identity. The power of attorney must be made in a simple written form in accordance with the requirements of the legislation of the Russian Federation. The specified Power of Attorney is subject to certification by an authorized employee of the Bank (clause 4 of article 185 of the Civil Code of the Russian Federation)

6.2. Authentic copies of the Power of Attorney and copies of documents confirming the identity of the Depositor's proxies who have the right to receive funds and conduct debit transactions on the Depositor's deposit are stored in legal matter The Depositor and at the request of the Depositor may be provided to him for review and confirmation of the grounds for the above payments and expense transactions.

6.3. Funds from the deposit account on the deposit (including upon termination of the Agreement) can be received by the Depositor:

By personal appearance of the Depositor at the Bank to receive funds from the deposit from the cash desk of the Bank - in this case, the moment of receipt of funds by the Depositor will be considered the issuance of funds to him under an expense order,

By submitting the Depositor to the Bank an order to transfer funds from the deposit account on the deposit to the account, the details of which the Depositor indicated in the order, or to an account opened for the Depositor in another credit institution - at this time, the moment when the Bank executes such an order of the Depositor, the withdrawal of funds will be considered from the Depositor's deposit account.

The Depositor's order to disburse cash from the deposit, as well as the Depositor's order to cashless transfer funds from the deposit are executed by the Bank no later than the business day following the day the Depositor submits the relevant order to the Bank.

7. Other conditions

7.2. In the part not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.

7.3. In the event of a disagreement, the Parties shall take measures to resolve them through negotiations. If an agreement is not reached, the dispute is referred to a court of general jurisdiction in accordance with the current legislation of the Russian Federation.

7.4. This agreement is made in 2 copies, each of which has the same legal force, one copy for each Party.

8. Details and signatures

Bank: Joint Stock Commercial Bank "Financial and Industrial Bank" (Open Joint Stock Company); Moscow, the last lane, k / s in the Branch No. 5 of the Moscow GTU of the Bank of Russia,

Contributor: __________________________________________________________________________

Identity document data: type of document _________________________________

series _____________ No. ______________, issuing authority __________________________

date of issue ___________________, department code ________________

Residence (registration) address: _____________________________________________________

Bank: Depositor:

__________________(______________) _______________ (____________)

With Customer Service Rates

individuals familiarized with:

Depositor:

____________________ (___________________)

"_____" _______________ 20_

1. Legal regulation relations under the bank deposit agreement is carried out by Ch. 44 of the Civil Code (Art.834 - 844), Ch. 3, 6 of the Banking Law and banking, The Law on Insurance of Individuals' Deposits, the Law on Combating Money Laundering.

Since the acceptance of a deposit is accompanied by the opening of a bank account, then the rules on the bank account agreement are applied to the legal relationship between the bank and the depositor, unless otherwise provided by the rules of Ch. 44 of the Civil Code and does not follow from the essence of the bank deposit agreement.

Under a bank deposit (deposit) agreement, one party (bank), which has accepted the money received from the other party (depositor) or received for it (deposit), undertakes to return the amount of the deposit and pay interest on it on the terms and in the manner prescribed by the agreement (p. . 1 article 834 of the Civil Code).

• 2. The contract is real, unilaterally binding, onerous, it is considered an accession contract (Article 428 of the Civil Code), it can be an agreement in favor of a third party (Article 430 of the Civil Code). If a citizen acts as a depositor in a bank deposit agreement, such an agreement is recognized as public (Article 426 of the Civil Code). A deposit agreement concluded with legal entities does not have the property of publicity. Nevertheless, the bank does not have the right to establish various conditions for the return of deposits within a certain type of deposits for legal entities, since this can be regarded as the creation of discriminatory conditions and a violation of antimonopoly legislation.
• 3. In Art. 837 of the Civil Code, two main types of deposits are named:
  • - demand deposit - with an unlimited storage period on the terms of deposit issuance upon demand;
  • - term deposit - made on the basis of the return of the deposit after the expiration of the term specified in the agreement.

The contract may provide for the introduction of deposits on other terms of their return, which do not contradict the law. This means that banks have the right to design other types of deposits, depending on the legal status of the client, the occurrence of certain conditions, the term of the agreement, the amount deposited, interest rates, deposit currency, etc. For example, a conditional deposit made in the name of another person to whom the right to dispose of them upon the occurrence of an agreed event (condition), in particular marriage, childbirth, etc .; winning (premium) deposit, the income of which is paid in the form of winnings; multicurrency deposit, designed to store funds in different currencies with the establishment of different interest rates for each currency, etc.

• 4. The content of the bank deposit agreement is the totality of its terms. An essential condition of this agreement by virtue of the law, there is a condition on the subject of the bank deposit agreement, which is the financial service of the bank (clause 1 of article 834 of the Civil Code). The object of the service is a sum of money (deposit), expressed in the currency of the Russian Federation or foreign currency deposited both in cash and in cashless form... The depositor, having transferred funds to the bank, loses property rights to them and acquires the right of obligation (claim) to the deposit and to interest on it. The essential terms of the agreement also include the price of the bank deposit agreement - the rates on deposits (deposits) and the term for the provision of banking services (Article 30 of the Law on Banks and Banking Activities).
• 5. The parties to the bank deposit agreement are the bank and the depositor.

A bank is a credit institution that has the exclusive right to carry out banking operations to attract deposits from individuals and legal entities. The bank accepting deposits, by virtue of the law, must: a) have a license from the Bank of Russia; b) participate in the system of compulsory insurance of deposits of individuals and be registered with the Deposit Insurance Agency.

The Bank of Russia has the right to accept deposits only from credit institutions, acting in this case as depositors, in order to maintain the stability of the financial market.

Savings activities of banks are controlled by the Bank of Russia as a mega-regulator of the financial market, Federal Service on financial monitoring (Rosfinmonitoring) in the field of combating illegal financial transactions clients of banks, the Federal Antimonopoly Service of the Russian Federation, which monitors the prevention of discriminatory conditions for access to the financial market, as well as the Federal Service for Supervision of Consumer Rights Protection and Human Well-being (Rospotrebnadzor), if bank clients are citizens who purchase financial services from banks for personal, family, home or other non-business use.

The depositors (clients) of the bank can be citizens, legal entities, as well as state-public entities. Citizens from the age of 14 have the right to independently, without the consent of their parents (adoptive parents, trustees), make contributions to credit organizations and dispose of them (subparagraph 3 of paragraph 2 of article 26 of the Civil Code).

The relations arising from a bank deposit agreement with the participation of citizens are subject to the Law on the Protection of Consumer Rights, in particular the rules of this Law on the right of citizens to provide information, on liability for violation of consumer rights, and on compensation for moral damage. Moreover, the rights granted to the consumer by the Law are enjoyed not only by citizens who ordered a financial service to attract a bank deposit (deposit), but also by their heirs.

As a general rule, depositors are free to choose a bank for depositing their funds and may have deposits in one or more banks.

Nevertheless, the legislation provides for restrictions when concluding a bank deposit agreement for individual entities. So, state-public formations and state extrabudgetary funds has the right to conclude bank deposit agreements only upon the results of an open tender or open auction. Business companies that are of strategic importance for the military-industrial complex and the security of the Russian Federation, as well as companies under their direct or indirect control, have the right to conclude bank deposit (deposit) agreements with banks that comply with the requirements established by law. The list of such banks is quarterly posted by the Bank of Russia on its official website (http://www.cbr.ru/).

The deposit can be made to the bank in the name of a certain third party - the beneficiary, and not the person making the contribution (clause 1 of article 842 of the Civil Code). In this case, in the contract, another essential condition is the exact indication of the name of the citizen (name legal entity), in favor of which the contribution is made. The beneficiary becomes the owner of the deposit from the moment he expresses his intention to use the deposit or presents a corresponding request to the bank. Until this moment, a person who has made a contribution can exercise all the rights of a depositor, including using the contribution in whole or in part (clause 2 of article 842 of the Civil Code). A bank deposit agreement in favor of a citizen who has died by the time the agreement is concluded, or a legal entity that does not exist at that time is null and void.

The law names the beneficial owner as a possible subject of legal relations under the bank deposit agreement. This is a person who ultimately, directly or indirectly (through third parties) "owns" (has a predominant participation of more than 25% in the capital) a client - a legal entity, and also has the ability to control the actions of a bank client or performs transactions with funds that belong to another person.

By virtue of Art. 841 of the Civil Code, the funds received by the bank in the name of the depositor from third parties are credited to the deposit account, indicating the necessary data on his deposit account (account number), unless otherwise provided by the contract. The bank is obliged to credit the funds received for the depositor from third parties. However, the named rules of Art. Art. 841, 842 of the Civil Code are valid without restrictions only in cases of making (replenishing) a contribution by legal representatives (parents, guardians) in the name of their young child. In all other cases, the law expressly prohibits such actions in favor of the depositor without his consent, duly drawn up. Opening (replenishment) of a deposit is possible through a representative, including on the basis of an agency agreement, contracts of assignment (by power of attorney) and trust management of property. This conclusion follows from the provisions of the Law on Combating Money Laundering, which are expressly prohibited for banks (clause 5, Article 7): to open deposits to individuals without the personal presence of the person opening the deposit or his representative; conclude a bank deposit agreement with the client (his representative) in case of failure to submit the documents necessary to identify the client (his representative); open deposits for anonymous owners.

Banks are also prohibited from opening deposits (deposits) if there is a decision of the tax authority to suspend operations on the taxpayer's accounts (clause 12 of article 76 of the Tax Code).

6. The procedure for opening a deposit (deposit). Before accepting for service, the bank is obliged to identify the client, the client's representative and (or) the beneficiary, as well as, if possible, the beneficial owners. For these purposes, a client - an individual submits identity documents to the bank, and a client - a legal entity, constituent documents, documents confirming the authority to manage funds on the account, etc.

Opening a deposit is accompanied by the opening of a deposit account, which is assigned a serial number in accordance with internal banking rules. An entry must be made on the opening of an account for a deposit (deposit) no later than the next business day in the Registration Book open accounts... In addition, the bank is obliged to send a message to the tax authority within three days about the opening (closing) and about changing the details of the deposit (deposit) (clause 1 of article 86 of the Tax Code).

The Bank has the right to refuse to conclude a bank deposit agreement with a possible client if it suspects that the purpose of concluding such an agreement is to perform operations for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.

Citizens and legal entities - residents of the Russian Federation have the right to open deposits in banks on the territory of other states without restrictions with a mandatory notification within one month of the tax authorities about the opening (closing) of deposit accounts and about changing account details. From this general rule there are exceptions. The law establishes a direct prohibition to open and have deposits (deposits) in foreign banks located outside the territory of the Russian Federation, to the following resident citizens: 1) persons holding (holding), in particular, state and municipal offices of the Russian Federation, positions in the Central Bank of the Russian Federation, state corporations (companies), funds; 2) spouses and minor children of the said persons; 3) other persons in cases provided by law.

7. Attraction of funds for deposits is formalized by an agreement in writing, in two copies, one of which is issued to the depositor. Failure to comply with the form of the deposit agreement entails its nullity (Article 836 of the Civil Code).

The written form is considered observed not only when the parties sign one document, but also in the case when the conclusion of a bank deposit agreement and the deposit of funds on the deposit by agreement of the parties is certified by: a savings book, a savings or deposit certificate or another document issued to the depositor that meets the requirements of the law, banking rules and customs. Decree The Constitutional Court RF clause 1 of Art. 836 of the Civil Code is recognized as not contradicting the Constitution of the Russian Federation in the part that makes it possible to confirm compliance with the written form of the contract by another document issued by the bank to the depositor, since in this part the provisions of the Civil Code establishing the requirements for the form of the bank deposit contract do not prevent the court, based on an analysis of the actual circumstances of a particular case, to recognize the requirements for the form of the bank deposit agreement complied with, and the agreement concluded, if it is established that the receipt of funds from the citizen for making a deposit is confirmed by documents that were issued to him by the bank (by a person who, based on the circumstances of the conclusion of the agreement, was perceived by the citizen as acting on behalf of bank) and in the text of which the fact of depositing the corresponding funds is reflected, while the citizen's behavior was reasonable and conscientious.

A savings book is a document certifying the conclusion of a bank deposit agreement with a citizen, as well as the receipt and movement of funds on his deposit account. A savings book can be registered or bearer, where the registered savings book is a document confirming that funds have been deposited, and a bearer book is security(Clause 1 of Article 843 of the Civil Code). The obligatory details of the savings book are: a) the name and location of the bank or its branch that accepted the deposit; b) the number of the account for the deposit; c) information about the movement of funds on the account. In case of discrepancy in the data on the contribution to accounting documents bank and passbook, the information specified in the passbook is considered correct, unless proven otherwise. Transactions on the deposit are carried out by the bank upon presentation of the savings book by the depositor. The state of the deposit, the data on the deposit indicated in the savings book are the basis for settlements on the deposit between the bank and the depositor.

A savings (deposit) certificate is a registered or bearer security certifying the amount of the deposit made to the bank and the rights of the depositor (certificate holder) to receive the deposit amount and the interest specified in the certificate in the bank that issued the certificate after the expiration of the specified period. The bank issuing certificates must approve the conditions for issuing and circulating certificates and register them with the Bank of Russia.

There are two main types of certificates - deposit and savings (clause 1 of article 844 of the Civil Code). Both the deposit and savings certificates can be registered and bearer (clause 2 of article 844 of the Civil Code). The circulation period for certificates of deposit is limited to one year, and for savings certificates - three years. Besides, cash settlements for the purchase and sale of certificates of deposit, the payment of amounts on them is carried out by bank transfer, and for the purchase and sale of savings certificates - both by bank transfer and in cash. Therefore, the owners of certificates of deposit are, as a rule, legal entities, the owners of savings certificates are citizens.

Like any security, the certificate must contain a number of required details, all the basic conditions for the issuance, circulation and payment of the certificate, as well as the restoration of rights under the certificate in case of its loss (Article 148 of the Civil Code, Chapter 34 of the Code of Civil Procedure).

8. The rights and obligations of the parties to the contract can be characterized as follows.

First, when concluding a bank deposit agreement, regardless of who the depositor is - a citizen or a legal entity, the bank is obliged to provide information on the security of the return of the deposit (clause 3 of article 840 of the Civil Code). Banks participating in the compulsory deposit insurance system are obliged to provide depositors with information about their participation in the deposit insurance system, the procedure and amounts of receiving compensation for deposits.

Secondly, according to the bank deposit agreement, the bank is obliged to issue the deposit amount or part of it at the first request of the depositor. An exception is made by deposits made by legal entities on other terms of return provided for by the contract. The condition aimed at the refusal of the citizen-investor from the right to receive a deposit on demand is null and void (clause 2 of article 837 of the Civil Code).

If the term deposit is returned to the client ahead of schedule at his request, then the bank pays interest for using the deposit on the terms of the demand agreement, unless another calculation of interest is provided for by the agreement (clause 3 of article 837 of the Civil Code). That is, the law gives the depositor the right to unilaterally amend the term deposit agreement, giving it the character of a demand agreement.

If a part of the deposit is claimed on a term deposit before the due date specified in the agreement, interest is charged on the remaining amount of the deposit in the amount established for demand deposits (in a reduced amount), unless otherwise provided by the terms of the agreement.

In cases where, after the expiration of the term for the return of a term deposit or a deposit made on other terms of return (on the occurrence of the circumstances provided for by the contract), the amount of the deposit has not been claimed, the contract is considered extended on the terms of a demand deposit, unless otherwise provided for by the contract (clause 4 of Art. . 837 GK).

Thirdly, the bank is obliged to pay interest on the amount of the deposit, the amount of which is established in the agreement (clause 1 of article 838 of the Civil Code). Due to the repayment of deposit relations, interest is payable, even if the parties to the contract have not agreed on their amount. According to the rules of paragraph 1 of Art. 809 of the Civil Code on the loan agreement, the bank is obliged to pay them at the established rate of bank interest.

Interest on the amount of the deposit must be accrued from the day following the day of its receipt by the bank until the day the depositor is returned to the deposit amount, inclusive, and if it was debited from the depositor's account for other reasons, until the day of writing off inclusive (clause 1 of article 839 of the Civil Code ).

The frequency of interest payment on the deposit amount is quarterly, at the request of the depositor, unless otherwise provided by the contract. Unclaimed interest on time increases the amount of the deposit, i.e. capitalized. When the deposit is returned, all interest accrued to that moment is paid (clause 2 of article 839 of the Civil Code).

On demand deposits, the amount of interest can be reduced by the bank in unilaterally unless otherwise provided by the contract. In case of a decrease in interest, their new size is applied to deposits after one month from the moment of the corresponding written notification by the bank to the depositor about this (clause 1 of article 165.1, clause 2 of article 838 of the Civil Code).

For term deposits and deposits made on other terms of return by citizen depositors, the bank is not entitled to unilaterally reduce the amount of interest on the deposit, unless otherwise provided by law. In this regard, in the Resolution of the Constitutional Court of the Russian Federation, it was noted that the bank is an economically strong party in the term bank deposit agreement and the task of the legislator is to prevent unfair competition in the field of banking activities. The court found the provision of Part 2 of Art. 29 of the Law on Banks and Banking Activity on the unilateral change by the bank of the interest rate on fixed-term deposits of citizens, as allowing the bank to arbitrarily reduce it solely on the basis of an agreement, without determining in the federal law the grounds for such a possibility.

For term deposits and deposits made on other terms of return, depositors - legal entities, the possibility of unilateral change by the bank of the amount of interest may be provided for in a law or agreement (clause 3 of article 838 of the Civil Code).

Fourth, for term deposits and deposits made on other terms of return by citizen depositors, banks are not entitled to unilaterally reduce the term of contracts, increase or establish commission fees for operations, except as otherwise provided by federal law.

Fifthly, the bank's duty is to observe banking secrecy about clients, about their accounts, deposit operations, as well as other information established by the bank (Article 857 of the Civil Code). Information constituting bank secrecy, can be provided by the clients themselves, their representatives and heirs, notaries in inheritance cases on the contributions of deceased investors, courts and arbitration courts(to the judges); tax authorities; bodies compulsory execution judicial acts; Rosfinmonitoring; officials of bodies authorized to carry out operational-search activities (based on judgment), and etc.

First, the right to dispose of the deposit. A citizen-depositor (his representative) has the right to instruct the bank to transfer funds to third parties on the account to which the deposit was made, including using remote technologies banking services(including internet banking). The rules on the bank account agreement apply to such relations, unless otherwise follows from the essence of the agreement (clause 3 of article 834 of the Civil Code).

Transactions with funds on a deposit, regardless of the amount, are subject to mandatory control by the bank and the Rosfinmonitoring authorities if the client (other subject of relations) is an organization or an individual in respect of which there is official information about their involvement in extremist activities or terrorism. The bank is obliged to inform the Rosfinmonitoring bodies about deposit operations if the amount for which they are made is equal to, exceeds or equivalent to 600 thousand rubles. and by their nature, these transactions are: placement of funds in a bearer deposit; transfer of funds abroad to a deposit opened for an anonymous owner; crediting funds to a deposit or writing off funds from a deposit of a legal entity, the period of activity of which does not exceed three months from the date of its registration, etc.

For legal entities settlement transactions on the deposit are expressly prohibited; their rights are limited to the return of the deposit and the receipt of interest.

The depositor's right to dispose of funds on the deposit may be limited in the following cases, directly specified in the law: 1) when the deposit is seized and (or) foreclosed; 2) suspension (freezing, blocking) of deposit operations in cases stipulated by law. Such a measure can be applied by the bank to persons in respect of whom there are sufficient grounds to suspect their involvement in terrorist activities.

The funds contributed to the deposit can be bequeathed by the citizen through the commission testamentary disposition, which has the force of a notarized will (Art. 1128 Civil Code). Such an order must be drawn up in writing directly at the bank, signed by the depositor-testator indicating the date of its compilation, certified by a bank employee and a seal and registered in the book of testamentary dispositions.

Secondly, the rights to funds under a bank deposit agreement can be transferred by the client as a pledge (can be the subject of a financial pledge), provided that the bank opens a pledge account for the client (Articles 358.9 - 358.14 of the Civil Code). Thus, a deposit account opened for a client can be transformed into a security account.

9. In order to protect the interests of depositors, the law provides for a number of ways to ensure the return of deposits.

Firstly, in order to ensure the return of deposits and compensation for the income of individual depositors, banks are obliged to insure deposits in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation (clause 1 of Art. 840, Art. Art. 927, 935 of the Civil Code). The organization performing the functions of compulsory insurance deposits is state corporation"Deposit Insurance Agency" (http://www.asv.org.ru).

All deposits of citizens are subject to insurance, except for monetary funds: 1) placed on bank accounts (in deposits) of lawyers, notaries and other persons, if such accounts (deposits) are open for the implementation of professional activities provided for by federal law; 2) placed by individuals in bearer bank deposits, including certified savings certificate and (or) bearer savings book; 3) transferred by individuals to banks in trust management; 4) placed on deposits in branches of banks of the Russian Federation located outside the territory of the Russian Federation; 5) being electronic money; 6) placed on nominal accounts, with the exception of certain nominal accounts that are opened to guardians or trustees and beneficiaries of which are the wards, pledge accounts and escrow accounts, unless otherwise provided by the Law on Insurance of Individual Deposits.

Depositors have the right to compensation for deposits from the date of the following circumstances (insured events): 1) revocation (cancellation) of the bank's license to carry out banking operations; 2) the imposition by the Bank of Russia in accordance with the legislation of the Russian Federation of a moratorium on the satisfaction of the claims of the bank's creditors.

The depositor (his heirs, their representatives) has the right to apply to the Deposit Insurance Agency with a demand for the payment of compensation for deposits from the date of occurrence insured event and until the day of completion bankruptcy proceedings, and if the Bank of Russia introduces a moratorium on the satisfaction of creditors' claims - until the day the moratorium expires.

Compensation for the deposit is paid to the depositor in the amount of 100% of the amount of deposits in the bank, but not more than 1400 thousand rubles. If the depositor had several deposits in one bank, compensation is paid for each of the deposits in proportion to their size, but not more than 1400 thousand rubles. In total. In the event of an insured event in relation to several banks in which the depositor has deposits, the amount insurance compensation calculated for each bank separately.

A depositor who has received compensation for deposits placed with a bank, in respect of whom an insured event has occurred, retains the right to claim against this bank by the amount determined as the difference between the size of the depositor's claims against this bank and the amount of compensation paid to him on deposits in this bank. In the event of insolvency (bankruptcy) of a bank at the expense of the bankruptcy estate, the claims of individuals who are creditors of a credit institution under bank deposit agreements concluded with them are satisfied in the first place.

Secondly, banks have the right to create funds voluntary insurance deposits to ensure the return of deposits and the payment of income on them. Voluntary deposit insurance funds are established as non-profit organizations.

Thirdly, the obligation of the bank to return the deposits made by depositors - legal entities, can be ensured by the methods established in the bank deposit agreement (clause 2 of article 840 of the Civil Code). These can be methods such as civil liability insurance of a bank, provision of a pledge, an independent guarantee, a bill issued by a bank and avalanche by another bank, etc.

10. A citizen depositor has the right at any time to withdraw from the bank deposit agreement and receive the deposit amount with accrued interest (clause 2 of article 827 of the Civil Code).

The bank has the right to terminate the bank deposit agreement, with the obligatory written notification of the client about this, if two or more decisions are made during the calendar year to refuse to execute the client's order to perform the operation, if as a result of the implementation of the rules internal control the bank suspects that the operation is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism. In this case, the bank fulfills public obligations arising from the norms of administrative law.

11. The grounds for civil liability of the person accepting deposits to the depositors are the following circumstances.

First, the acceptance of a deposit from a citizen by a person who does not have the right to do so (for example, without an appropriate license from the Bank of Russia), or in violation of the procedure established by law or banking rules adopted in accordance with it (clause 2 of article 835 of the Civil Code). In this case, the depositor has the right to demand: a) immediate return of the deposit amount (regardless of the type of deposit); b) payment of interest on the deposit in accordance with the average rates of bank interest on deposits of individuals that took place in the corresponding periods on the day the bank paid the debt (Article 395 of the Civil Code); c) compensation in excess of the amount of interest of all losses caused to the depositor (clause 2 of article 835 of the Civil Code).

If such a person has accepted the funds of a depositor - a legal entity on the terms of a bank deposit agreement, such an agreement is invalid (according to Article 168 of the Civil Code).

Secondly, the bank's failure (in violation of the law or agreement) of its obligations to ensure the return of the deposit, loss of collateral or deterioration of its conditions (clause 4 of article 840 of the Civil Code). In this situation, the depositor has the right to demand from the bank immediate: a) return of the deposit amount; b) payment of interest on it in the amount determined in accordance with paragraph 1 of Art. 809 GK; c) compensation for damages caused.

The main documents governing the storage period for documents of a credit institution are:

• List of typical management archival documents generated in the course of activities government agencies, local authorities and organizations, indicating the storage period (2010);
• Regulations on the procedure and terms of storage of documents joint stock companies(approved by the Decree of the Federal Commission for the Securities Market of Russia dated July 16, 2003 No. 03-33 / ps);
• as well as the main regulations regulating the activities of credit institutions on the main issues of activity.

It should be noted that several years ago, the Association of Russian Banks, together with Rosarkhiv, carried out a huge amount of work to develop a specialized list of documents generated in the activities of credit institutions, but it was never completed. That is, the draft list died in the bowels of Rosarkhiv. Therefore, there is no consensus on the storage period for documents of credit institutions.

Consider the storage periods for individual deposit agreements established by the new list:

Fragment of the document

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The list of standard administrative archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the storage periods (approved by order of the Ministry of Culture of Russia dated 25.08.2010 No. 558)

We see that for this type of documents, a storage period of 5 years is established after certain conditions are met (see notes for articles 337 and 340 of the List).

You also need to know that the Civil Code of the Russian Federation does not set a deadline limitation period under bank deposit agreements.

I would also like to draw your attention to the letter Of the Central Bank RF dated 05.08.1998 No. 169-T "On the placement of archives and the procedure for the destruction of documents in the liquidation of credit institutions", in the appendix to which is given an approximate Nomenclature of cases. In accordance with it, retention periods have been established for the following documents:

Fragment of the document

The list of cases (list of documents) of a credit institution to be kept after completion of liquidation procedures (annex to the letter of the Bank of Russia dated 05.08.1998 No. 169-T)

As can be seen from the above documents, there is no definite answer to the reader's question.

Turning to your personal experience, I can say that when allocating for destruction documents related to financial activities individuals, it is necessary to conduct a thorough examination of the value: evaluate the amount of the deposit, the terms of the deposit, as well as the personality of the depositor.

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There was a case when a depositor applied to a bank to return a deposit 10 years after it was closed. And he forgot about the power of attorney issued in due time in the name of another person. If the documents were destroyed in a timely manner (in accordance with the established storage periods - 5 years), then the bank would have to pay a tidy sum to the depositor: the amount of the deposit + a significantly increased interest.

You also need to be careful about credit files, as there are precedents when they are used as evidence in court when dividing property, purchasing an apartment and when receiving an inheritance.

Therefore, I believe that the shelf life of 5 years established in the List is not relevant. And according to the decision of the expert commission of the credit institution, it should be changed upwards.

And be sure to get advice (preferably in writing) from the lawyers of your credit institution when developing a nomenclature of cases. In such an important issue, the responsibility for establishing retention periods should be assigned to the management of the credit institution, and not to the archivist. In this case, it is desirable to take into account all possible risks.

Deposit (deposit) operations commercial bank - these are operations to attract funds from legal entities and individuals in deposits for a certain period or on demand, as well as balances on the current accounts of clients to use them as credit resources and investment activities. Contribution ( deposit) is monetary funds (in cash and non-cash form, in national or foreign currency) transferred to the bank by their owner for storage under certain conditions.

Deposit operations are a broad concept, since they include all the bank's activities related to raising funds for deposits. A feature of this group passive operations is that the bank has a relatively weak control over the volume of such transactions, since the initiative to place funds in deposits comes from depositors. At the same time, as practice shows, the depositor is interested not only in the interest paid by the bank, but also in the reliability of keeping the funds entrusted to the bank.

The organization of deposit operations should be carried out in compliance with a number of principles:

• · Receiving current profit and creating conditions for its receipt in the future;
• Flexible management policy deposit operations to maintain the operational liquidity of the bank;
• Consistency between deposit policy and return on assets;
• · development banking services in order to attract customers.

Deposit accounts can be very diverse and their classification is based on such criteria as sources of deposits, their special purpose, the degree of profitability, etc., however, most often the category of the depositor and the form of withdrawal of the deposit are used as a criterion. Deposit transactions are classified:

• 1) Based on the category of contributors:
  • · Deposits of legal entities (enterprises, organizations, other banks);
  • · Deposits of individuals.
• 2) In terms of economic content:
  • · Taking into account the categories of depositors;
  • · By forms of withdrawal;
  • · In the order of using the stored funds.
• 3) By the form of withdrawal of funds:
  • · Term deposits;
  • · Demand deposits;
  • · Savings deposits of the population.

In the practice of Western banks, deposits, whenever possible, are divided into the following categories:

• · "Hot money", which is highly likely to be withdrawn (for example, deposits that are sensitive to changes in interest rates);
• · Unreliable, which can be withdrawn within 25-30% of their size;
• · Stable funds (basic deposits), the probability of withdrawal of which is minimal.

However, back to Russian banks and consider in more detail the classification of deposits by the form of withdrawal.

Let's start with demand deposits, since they occupy the largest share in the structure of attracted funds from banks. so , demand deposits represent funds that can be claimed at any time without prior notice to the bank from the client's side. These include funds in current, settlement, budget and other accounts associated with the settlement or targeted use of funds.

Demand deposits are basically unstable, which limits the scope of their use by commercial banks. For this reason, low or no interest is paid to account holders. In the face of increased competition for attracting deposits commercial banks strive to attract customers and stimulate the growth of demand deposits by providing additional services account holders, as well as improving the quality of their service. Interest on demand deposits is credited to the depositor, as a rule, once a year at the beginning of a new calendar year.

Demand deposits are the most liquid. Their owners can use the money on demand accounts at any time. The main disadvantages of demand deposits for their owners is the payment low interest on the account, and for the bank - the need to have a higher operating reserve to maintain liquidity. Thus, the features of a demand deposit account can be described as follows:

• - the deposit and withdrawal of money is carried out at any time without any restrictions;
• - the account holder pays the bank a commission for using the account in the form of a fixed monthly rate;
• - the bank pays low costs for keeping funds on demand accounts interest rates or does not pay at all;
• - the bank on demand deposits transfers higher rates to the fund required reserves.

Due to the high mobility of funds, the balance on demand accounts is not constant, sometimes extremely volatile. However, despite the high mobility of funds on demand accounts, it is possible to determine their minimum, not decreasing balance and use it as a stable credit resource.

With the help of demand deposits, the problem of making a profit by the bank is solved, since they are the cheapest resource, and the costs of servicing the settlement and current accounts of clients are minimal. For most commercial banks, demand deposits occupy the largest share in the structure of attracted funds. However, the optimal share of these funds in the bank's resources is up to 30-36%. But at the same time, checking accounts are the most unpredictable element of liabilities. Therefore, their high share in the borrowed capital greatly weakens the bank's liquidity. Due to this important task management is to determine the optimal structure of the bank's deposit base.

In second place in terms of importance for banks are urgent deposits, since they are stable and allow the bank to dispose of depositors' funds for a long time. Time deposits -- these are funds credited to deposit accounts for a strictly specified period with interest payments. The rate on them depends on the size and term of the deposit. The fact that the owner of a term deposit can dispose of it only after the expiration of the agreed period does not exclude the possibility of early receipt of his funds in the bank. However, in this case, the client's interest on the deposit is reduced.

Time deposits are classified according to their maturity:

• · Deposits with a maturity of up to 3 months;
• · Deposits with a maturity of 3 to 6 months;
• · Deposits with a maturity of 6 to 9 months;
• · Deposits with a maturity of 9 to 12 months;
• · Deposits with maturity over 12 months.

The advantage of time deposit accounts for the client is the receipt high percentage, and for the bank - the ability to maintain liquidity with a smaller operating reserve. The disadvantage of time deposit accounts for clients is low liquidity. The disadvantage for the bank is the need to pay increased interest on deposits and thus reduce the margin.

There are two forms of term deposits:

• - term deposit with a fixed term;
• - urgent deposit with prior notification of withdrawal.

Actually term deposits involve the transfer of funds to full order of the bank for the term and conditions under the agreement, and after this period the term deposit can be withdrawn by the owner at any time. The amount of remuneration paid to the client on a term deposit depends on the term, the amount of the deposit and the depositor's fulfillment of the terms of the contract. The longer the terms and (or) the greater the amount of the deposit, the greater the amount of remuneration. This granular gradation encourages contributors to organize efficiently. own funds and their placement in deposits, and also creates conditions for banks to manage their liquidity.

Advance Notice Deposits about withdrawal of funds means that the client must notify the bank in advance about the withdrawal of the deposit within the period specified in the agreement (as a rule, from 1 to 3, from 3 to 6, from 6 to 12 and more than 12 months). Depending on the notice period, the interest rate on deposits is also determined.

If the depositor wants to change the amount of the deposit - to decrease or increase, then he can terminate the current agreement, withdraw and re-register his deposit under new conditions. However, in case of early withdrawal by the depositor of funds on the deposit, he may lose the interest provided for by the contract in part or in full. As a rule, in these cases, interest is reduced to the amount of interest paid on demand deposits.

The determining factor in setting the interest rate on time deposits is the period for which the funds are placed: the longer the period, the higher the level of interest. An essential point is the frequency of payment of income, the less frequent the payments, the higher the level of the interest rate. Also used different ways calculating interest payments.

By attracting time deposits the task of ensuring the liquidity of the bank's balance sheet is being solved.

In world banking practice, an intermediate position between time deposits and demand deposits is occupied by savings deposits... They play an important role in the resources of banks, in particular targeted deposits. Savings deposits population classified depending on the term and conditions of the deposit transaction:

• · Urgent;
• · Urgent with additional payments;
• · Conditional;
• Bearer;
• · On demand;
• · To current accounts and others.

They are entered and withdrawn in full amount or partially and certified by the issuance of a passbook. Banks accept targeted deposits, the payment of which is timed to the period of vacations, birthdays, etc. Savings deposits include deposits formed for the purpose of accumulating or preserving money savings. They are characterized by a specific motivation for the emergence - the encouragement of frugality, the accumulation of targeted funds and a high level of profitability, although lower than on time deposits.

Savings deposits have their advantages and disadvantages for banks. Meaning savings deposits for banks is that, with their help, unused incomes of the population are mobilized and turned into productive capital. The disadvantages for banks are the need to pay increased interest on deposits and the exposure of these deposits to economic, political, psychological factors, which increases the threat of a rapid outflow of funds from these accounts and the loss of bank liquidity.

In the course of considering this issue, it is also necessary to note the fact that the deposit policy of domestic commercial banks is beginning to use tools of foreign practice - this is a bearer certificate of deposit, which can be traded on the market like any other security. Certificate- this is a written certificate of the issuing bank on the deposit of funds, certifying the right of the depositor or his successor to receive the deposit amount and interest on it after a specified period.

A certificate of deposit has two benefits. First, it is unlike other tools deposit policy is the subject of an exchange game, and, therefore, its owner can expect to receive additional profit as a result of a favorable change in market conditions. Secondly, if the government implements its intentions to freeze the deposits of enterprises, the acquisition of a certificate that is freely circulating on the market will give their owners some freedom of maneuver. In this situation, the certificate becomes an alternative means of payment.

In addition to dividing certificates into deposits and savings, depending on the category of depositors, certificates can be classified according to other criteria:

• 1) By the method of issue:
  • · Issued on a one-off basis;
  • · Produced in series.
• 2) By the way of registration:
  • · Registered;
  • · Bearer.

The owner of the certificate can assign the right to claim the certificate to another person. According to the bearer certificate, this assignment is carried out by simple delivery, according to the nominal one - it is drawn up on the back of the certificate by a bilateral agreement. Name certificates can be transferred by the owner to another person by means of a transfer inscription (cession). When the deadline for the withdrawal of funds is due, the owner of the certificate must present it to the bank along with a statement containing an indication of the method for redeeming the certificate.

So, drawing a conclusion from the stated theoretical material, we can say that for commercial banks deposits are the main and at the same time the cheapest type of resources. An increase in the share of this element in the resource base reduces interest expenses, however, their high proportion weakens the bank's liquidity.

Funds attracted by the bank from its clientele are credited to current, deposit and savings accounts. The balances on such accounts are summed up and given in the balance sheet as a single indicator. In the analysis, the attracted deposits are grouped by urgency in order to know for how long a particular amount of funds is being attracted. An increase in the share of demand deposits reduces the bank's interest expenses and allows for a higher interest income. However, it should be borne in mind that these contributions are the most unpredictable financial instrument, therefore, their high share in the resource base may weaken the bank's liquidity. Time deposits are considered the most stable part of the attracted resources. An increase in the share of term deposits in the resource base contributes to the increase of the bank's stability, allows effective management liquidity and solvency of the bank.

When attracting funds for a deposit from a client, a deposit agreement is concluded with him. Banks independently develop the form of a deposit agreement, which is typical for each individual type of deposit. The agreement is drawn up in two copies: one is kept by the depositor, the other - at the bank in the credit or deposit department (depending on who is entrusted with this work in the bank). The agreement provides for the amount of the deposit, its validity period, interest that the depositor will receive after the expiration of the agreement, the obligations and rights of the depositor, the obligations and rights of the bank, the responsibility of the parties for compliance with the terms of the agreement, the procedure for resolving disputes.

For registration of operations on deposits, the following are used: personal account, savings book, control sheet, settlement and check books, alphabet card, transaction diary, receipts, cash receipts, order of the depositor to write off the amount, notification of subsequent control, application for the transfer of the deposit, register for recording applications, book for registering lost savings books.

The deposit can be made in cash only from individuals. The procedure for accepting a deposit in cash is reflected in the appendix. From legal entities, contributions to deposit accounts are accepted only by bank transfer.

When closing a deposit, the client must submit to the bank a deposit agreement and a passbook, which must be redeemed. The bank offers the client to issue an expense account cash order for the amount of the deposit and interest on it.

The main tasks of managing the bank's deposit operations are:

• Not to allow the presence in the bank of attracted and borrowed money that do not generate income, except for that part of them that ensures the formation of required reserves;
• · To seek the necessary credit resources for the bank to fulfill its obligations to customers and to develop active operations;
• · To ensure the receipt of profit by the bank by attracting “cheap” resources.

Modern economic situation forces banks to change their policy in the field of passive operations through the diversification of deposit operations.

Increased competition between banks and others financial institutions for deposits of individuals and legal entities has led to the emergence of a huge variety of deposits, their prices and methods of service. According to some foreign experts, in developed countries currently there are more than 30 types of bank deposits. Moreover, each of them has its own characteristics, which allows customers to choose the most appropriate to their interests and possible form saving money and paying for goods and services.

So how can a bank win the battle for a customer? It is also important in what relations the bank is with the state, since it is it in the minds of citizens that begins to acquire more and more weight. Thus, in order for the bank to have a guaranteed opportunity to attract representatives of the general population, it is necessary to fulfill, first of all, the listed conditions. For businessmen representing the interests of enterprises, factors are in the first place information security, confidentiality and reputation. This is fully justified due to the non-decreasing criminalization of the commercial sphere.

And yet, for the average Russian, the problem of investing is reduced to a choice between a bank deposit, a few types of securities, and money on hand. But in spite of everything, deposits by right remain with the population the most popular way of saving and accumulating money.

From the above, it can be seen that deposits among the attracted funds of the bank are an important source of resources. However, such a source of formation banking resources as deposits are inherent and some disadvantages. First of all, we are talking about the significant material and monetary costs of the bank when attracting funds to deposits, the limited availability of funds within a particular region. And nevertheless, the competition between banks in the market of credit resources forces them to take measures to develop services that facilitate the attraction of deposits.

The bank deposit agreement must be concluded in writing. The written form of the agreement is considered to be observed if it is documented (deposit agreement, savings book, savings or deposit certificate, deposit account agreement, etc.). Failure to comply with the written form of a bank deposit (deposit) agreement entails the recognition of this agreement as invalid from the date of its conclusion.

Savings certificate - a security that certifies the amount of the deposit made to the bank and the rights of the depositor (individual - holder of the certificate) or his successor to receive the deposit amount and interest on it at the end of the specified period in the bank that issued the certificate, or any branch (branch) ) of this bank.

A certificate of deposit is a security certifying the amount of the deposit made to the bank and the rights of the depositor (legal entity, individual entrepreneur- the holder of the certificate) or his successor to receive, after the expiration of the established period, the amount of the deposit and interest on it in the bank that issued the certificate, or any branch (department) of this bank.

One of the features of this type of agreement is that it is a real agreement, that is, it is considered concluded not from the moment it is signed by the parties, but from the moment of making (transferring) funds to the deposit.

The deposit amount consists of the initial amount deposited at the time of its opening, and the amount of additional contributions (if the deposit is replenished).

Banks usually fix a minimum deposit amount, in addition, within one deposit, a different rate is often set depending on the amount of funds deposited.

The deposit amount is the property of the depositor, it must be returned to the depositor in any case, and the bank is obliged to issue the deposit amount or part of it at the depositor's first request, even if the deposit is urgent.

The amount of the deposit is a bank secret.

Term bank deposit- this is a certain period of time for which the deposit is placed in the bank and the deposit agreement is concluded. The term is necessarily specified in the term bank deposit agreement.

In cases where a fixed-term deposit is returned to the depositor at his request before the expiration of the term or before the onset of other circumstances specified in the bank deposit agreement, interest on the deposit is paid in the amount corresponding to the amount of interest paid by the bank on demand deposits, unless the agreement provides for a different amount percent. In this case, the depositor will receive the amount of the deposit in any case, even if the deposit is claimed ahead of schedule.

Banking practice is known for a fairly wide range of types of bank deposits. However, from the point of view of civil law, according to their essential characteristics, the following types of deposits can be distinguished and, accordingly, types of bank deposit agreements:

• - an agreement of a bank deposit (deposit) on demand - an agreement according to which the depositor is obliged to return the deposit (deposit) and pay the interest accrued on it at the first request of the depositor (this type of deposit is closest to the current bank account agreement, but unlike the latter it is opened not for performing transactions, but for storing funds and receiving interest, although the amount of interest on demand deposits is traditionally low);
• - term bank deposit agreement - an agreement according to which the depositor is obliged to return the deposit (deposit) and pay the accrued interest on it after the expiration of the term specified in the agreement;
• - a conditional bank deposit agreement (deposit) - an agreement according to which the depositor is obliged to return the deposit (deposit) and pay the accrued interest on it upon the occurrence (non-occurrence) of an event specified in the agreement. It should be borne in mind that in this case we are talking about an event, i.e. about the circumstances that will occur regardless of the will of the parties to the contract. The conditional bank deposit agreement is quite close to the term deposit agreement. This gave some authors reason to assert that the conditional deposit regime is "fundamentally similar to the time deposit regime."

This list of types of deposits cannot be considered exhaustive. However, it is the division of deposits that is of fundamental legal importance for the regulation of relations between the parties, depending on the condition of whether it can be claimed by the depositor at any time or only upon the expiration of a certain period (the occurrence of an event).

At the same time, it should be emphasized that in cases where the depositor is an individual, regardless of the type of deposit, the depositor has the right to demand its return at any time.

Bank deposit (deposit) - funds in Belarusian rubles or foreign currency placed by individuals and legal entities in a bank or non-bank credit and financial organization in order to store and receive income for a period, either on demand, or before the occurrence (non-occurrence) of a circumstance (event) specified in the concluded agreement.

Belarus has bank deposits, bonds and savings certificates. These are conservative types of deposits that provide a small but stable income. They can be used:

• - to ensure the safety of funds,
• - to generate income,
• - for earmarked savings for the acquisition of something,
• - to ensure non-cash transfers,
• - or be a guarantee (for example, a loan).

A bank deposit is today considered the most accessible and understandable investment tool. Often, it is he who is called "contribution".

There are the following types bank deposit agreements in the Republic of Belarus:

• - on demand (the depositor is obliged to return the deposit and pay the accrued interest on it at the depositor's first demand);
• - urgent (the depositor is obliged to return the deposit and pay the accrued interest on it after the expiration of the term specified in the agreement);
• - conditional (the depositor is obliged to return the deposit (deposit) and pay the accrued interest on it upon the occurrence (non-occurrence) of the circumstance (event) specified in the concluded agreement).

BANK DEPOSIT AGREEMENT

1. Under a bank deposit agreement, the depositor places a deposit with the bank in order to store and generate income, and the credit institution undertakes to return the amount of the deposit and pay interest on it on the terms and in the manner prescribed by the agreement.

The bank deposit agreement is also referred to in the Code as the deposit agreement.

A bank deposit agreement with the participation of a citizen depositor is recognized as public (clause 2 of article 834 of the Civil Code). The bank does not have the right to give preference to one natural person over another in relation to the conclusion of a bank deposit agreement of a certain type, and its conditions are set the same for all depositors who are natural persons. An agreement with the participation of a legal entity investor does not have the property of publicity.

The bank deposit agreement is real, since it is considered concluded from the moment the deposit amount is made to the cash desk of the credit institution or credited to its account.

Reimbursable bank deposit agreement. The depositor transfers (transfers) the funds to the bank in the ownership, and the credit institution pays the depositor interest on the amount of the deposit.

The law and the courts classify the bank deposit agreement as a group of contracts for the provision of financial services (clause 2 of article 779 of the Civil Code; clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994 No. 7 "On the practice of court consideration of cases on the protection of consumer rights" ).

Taking into account the type of deposit, the legislator distinguishes a bank demand deposit agreement, a bank deposit agreement for a certain period and a bank deposit agreement on other terms of return (on terms of return upon the occurrence of certain circumstances).

There are differences in the regulation of bank deposit agreements with the participation of different depositors (individuals and legal entities), as well as with the participation of the Federal Treasury.

The 2009 Concept for the Development of Civil Legislation of the Russian Federation indicates the need to establish in the law the legal regime of the bank deposit of precious metals. At present, the attraction of precious metals into deposits is carried out in accordance with the Regulation of the Central Bank of the Russian Federation of November 1, 1996 N 50 "On the performance of operations by credit institutions with precious metals in the territory of the Russian Federation and the procedure for conducting banking operations with precious metals." 1 Precious metals are attracted from individuals and legal entities on demand deposits or for a certain period. To carry out operations to attract precious metals to deposits, banks open unallocated metal accounts. Precious metals accounted for in unallocated metal accounts have a quantitative characteristic of the mass of the metal (for coins - the quantity in pieces) and a value balance sheet.

Meanwhile, despite the same name of the contracts, there is a difference in legal regulation: according to paragraph 1 of Art. 834 of the Civil Code under a bank deposit agreement, a sum of money in rubles or in foreign currency is paid to a credit organization, and under a precious metal deposit agreement, it is this metal in bars or coins that is to be contributed. Therefore, there is an opinion about the independent nature of the contract for the contribution of precious metals. 2 We believe that both deposit agreements have similarities: the goals of the agreements are to receive interest on the deposit, save money from inflation, a credit institution is a mandatory party, the characteristics include reimbursement, demand deposits and for a certain period are allowed. Therefore, a possible development of legislation is the separation in the Code of the deposit agreement for precious metals as a type of bank deposit agreement.

The legal nature of the bank deposit agreement causes controversy.

According to one point of view, a bank deposit agreement is a kind of loan agreement. This is confirmed by the same legal goal (income generation), the real nature of these contracts, and the differences are not fundamental. 1

Of course, it cannot be denied that there are elements of a loan in the contractual relationship on a bank deposit. It is controversial which features should be considered qualifying.

Supporters of another position believe that the bank deposit agreement is an irregular storage agreement, since both the depositor and the depositor are returned to other property. 2

It should be noted that the deposit is transferred by the depositor not for storage, but to generate income or in conditions of inflation - to maintain the initial economic value; the bank also does not store, but uses the deposit amounts. In addition, the depositor pays the remuneration to the custodian, and in the case of a bank deposit, the bank pays the remuneration to the depositor.

The most convincing is the conclusion that the bank deposit agreement currently acts as an independent agreement. The following arguments are cited as evidence: the presence of special legislation (it is argued that the content of a bank deposit agreement is largely determined by mandatory rules, and a loan agreement - mainly by dispositive rules); the specifics of registration, as well as the bank's actions to open and maintain a deposit account; special requirements for the subject composition of the contract; retribution and publicity (for an agreement with the participation of a citizen investor) as characteristics; the subject of the deposit is only cash; specific requirements on the need to ensure the return of the deposit and on the issuance of a demand deposit on demand. 1

2. Legal regulation of relations arising from the conclusion of a bank deposit agreement is represented by a system of regulations. Chapter 44 of the Banking Deposit Group of Companies (Art. 834-844) and Art. 1, 26, 29, 30, 36-39 Federal law dated December 2, 1990 No. 395-1 "On banks and banking activities".

Relations in which a citizen is a depositor are subject to the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Protection of Consumer Rights", namely, the general rules from Chapter I on the right to information, on compensation for moral damage, on alternative jurisdiction , on exemption from payment of state fees, etc.

Fund placement rules federal budget for bank deposits are provided for by the RF Government Decree of March 29, 2008 No. 227 “On the Procedure for Allocating Federal Budget Funds on Bank Deposits” 2 and the orders of the RF Ministry of Finance adopted in accordance therewith. Placement procedure budget funds on bank deposits is also determined, respectively, by the highest executive bodies of state power of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

The letter of the Central Bank of the Russian Federation dated February 10, 1992 No. 14-3-20 of the Regulation “On savings and deposit certificates of credit institutions” 3 is devoted to the issues of drawing up the agreement in question.

The rules for determining interest under a bank deposit agreement are established in the Regulation of the Central Bank of June 26, 1998 N 39-P "On the procedure for calculating interest on operations related to the attraction and placement of funds by banks." 1

The deposit is secured on the basis of Federal Laws dated December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation" 2 and dated July 29, 2004 No. 96-FZ "On payments of the Bank of Russia on deposits of individuals in banks declared bankrupt, not participating in the system of compulsory insurance of deposits of individuals in banks of the Russian Federation. " 3

Peculiarities of inheritance of deposits are stipulated in the decree of the Government of the Russian Federation of May 27, 2002 No. 351 “On approval of the Rules for making testamentary dispositions by rights to funds in banks”. 4

Article 836 of the Civil Code allows reference to banking rules and the customs of business practice applied in banking practice on the issue of requirements for a document issued by a bank to a depositor.

3. The parties to the bank deposit agreement the lending institution and the depositor are acting.

Deposits of individuals are accepted only by banks that have such a right in accordance with a license issued by the Central Bank, participating in the system of compulsory insurance of deposits of individuals with banks and registered with the state corporation "Deposit Insurance Agency" (part 2 of article 36 of the Law "On banks and banking").

Deposits of legal entities are accepted by banks that have a license from the Central Bank of the Russian Federation, which includes the right to attract deposits (clause 8.2 of the Instruction of the Central Bank of the Russian Federation No. banking operations "1).

Deposits from legal entities can also be attracted by non-bank deposit-credit institutions in case they receive a special license (clause 1.1; 1.2.1 of the Central Bank Regulation No. 153-P dated September 21, 2001 “On the specifics of prudential regulation of the activities of non-bank credit institutions carrying out deposit and credit operations"2).

The depositor of the bank can be legal entities, as well as citizens of the Russian Federation, foreign citizens and stateless persons. Minors between the ages of fourteen and eighteen have the right to independently, without the consent of their parents (adoptive parents, guardian), in accordance with the law, make contributions to credit institutions and dispose of them.

If the deposit is made to the bank in the name of a certain third party, then such a person acquires the rights of a depositor from the moment he presents the first claim to the bank based on these rights, or expresses his intention to use such rights to the bank in a different way (clause 1 of article 842 of the Civil Code) ... From the moment a third party expresses its intention to use the rights of the depositor, the person in the contractual obligation changes: instead of the party that entered into the contract, the third party becomes the depositor, in whose favor this contribution was made.

When placing federal budget funds on bank deposits, the Federal Treasury acts as a depositor, and the credit institution must meet certain requirements (the presence of a general license of the Central Bank of the Russian Federation for banking operations; the amount of its own funds (capital) is at least 5 billion rubles, etc.).

4. Conclusion and execution of a bank deposit agreement. A public agreement with the participation of a citizen investor must be concluded with each applicant. However, in accordance with the Law of August 7, 2001 No. 115-FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism" 1 credit institutions are prohibited from:

open deposits without providing the person or legal entity opening the deposit with the documents necessary for its identification;

open deposits to individuals without the personal presence of the person opening the deposit, or his representative (clause 5, article 7).

Credit organizations also have the right to refuse to conclude a bank deposit agreement with an individual or legal entity in the following cases:

absence at its location of a legal entity, its permanent management body, other body or person who have the right to act on behalf of the legal entity without a power of attorney;

non-submission by an individual or legal entity of documents confirming the information required by law, or submission of inaccurate documents;

the presence of information about participation in terrorist activities in relation to an individual or legal entity, obtained in accordance with the law (clause 5.2. article 7).

The bank deposit agreement must be concluded in writing by means of a single document drawn up. As a rule, banks use standard (standard) forms of contracts developed by them.

Another way of formalizing contractual relations is also possible. The issuance by the bank to the depositor of a savings book, savings or deposit certificate or other bank document is equated to writing. Bearer passbook, savings and deposit certificates are securities. A bank document must meet the requirements of the law, the banking rules established in accordance with it and the customs of business used in banking practice.

Failure to comply with the written form of the bank deposit agreement entails the invalidity (nullity) of this agreement (clause 2 of article 836 of the Civil Code).

Let's dwell on the characteristic savings book. A savings book can be of two types: registered and bearer.

The savings book must contain:

1 / name and location of the bank (and the corresponding branch of the bank), the name of the depositor with a personal savings book;

2 / account number for the deposit, all amounts of funds credited to the account and debited from the account, the balance of funds on the account at the time of presentation of the savings book to the bank.

If the personal savings book is lost or rendered unsuitable for presentation, the bank, upon the depositor's application, issues him a new savings book.

The restoration of rights on a lost bearer savings book is carried out in the manner prescribed for bearer securities according to the rules of Ch. 34 Code of Civil Procedure of the Russian Federation.

Another document used to execute a bank deposit agreement - savings (deposit) certificate.

The bank issuing the certificates must approve the conditions for the issuance and circulation of its certificates. The registration of the terms of issue and circulation is carried out at the territorial office of the Bank of Russia. The certificate form is filled in by the bank. In this case, the certificate spine is signed by the owner of the certificate, separated from the certificate and stored by the bank.

Owners (holders) of certificates can be residents and non-residents in accordance with the current legislation of the Russian Federation and regulations of the Bank of Russia. Certificates are issued registered or bearer. For the transfer of rights to another person, certified by a bearer certificate, it is sufficient to hand over the certificate to this person. The rights certified by a personal certificate are transferred in the manner established for the assignment of the claim (cession).

The certificate form must contain the following mandatory details:

1 / characteristics of the issuing bank - name, location and correspondent account of the credit institution opened with the Bank of Russia; signatures of two persons authorized by the credit institution to sign such obligations, sealed by the credit institution;

2 / characteristics of the owner for the registered certificate: name and location of the investor-legal entity or full name, passport data of the depositor-individual; a personal savings (deposit) certificate must be available for registration of the assignment of a claim (cession), and may also have additional sheets - annexes to the personal certificate, on which assignments are made;

3 / characteristics of the security - the name "savings (or deposit) certificate"; number and series of the certificate;

4 / conditions of the bank deposit agreement - the date of the deposit or deposit; the amount of the deposit or the deposit issued by the certificate; the unconditional obligation of the bank to return the amount made to the deposit or on the deposit, and to pay the due interest; date of claiming the amount of the certificate; interest rate for using a deposit or deposit; the amount of interest due; interest rate in case of early presentation of the certificate for payment.

The absence of any of the mandatory details in the text of the certificate form makes the certificate invalid. The issuing bank may include other additional conditions and details that do not contradict the legislation of the Russian Federation, the Regulation and the content of mandatory details (clause 8 of the Regulation "On savings and deposit certificates of credit institutions").

A savings (deposit) certificate certifies the amount of the deposit made to the bank and the rights of the depositor (certificate holder) to receive the deposit amount and the interest specified in the certificate at the bank that issued the certificate, or at any branch of this bank after a specified period. The certificate cannot serve as a means of payment or payment for goods sold or services rendered. 1

The restoration of rights for lost bearer certificates is carried out in court. In case of loss of the registered certificate, the legal owner has the right to apply to the bank that issued the certificate with a written application for a duplicate. If a refusal is received for the declared claim by the legal holder of the certificate, he has the right to appeal against it in court.

A special order of conclusion is established for contracts with the participation of the Federal Treasury. First, general agreements are concluded on the allocation of federal budget funds to bank deposits between the Federal Treasury and credit institutions, which act as an organizational agreement. Then the selection of applications from credit institutions is carried out. Based on the decision of the Ministry of Finance of the Russian Federation, the Federal Treasury concludes bank deposit agreements with credit institutions that have submitted applications that meet the selection requirements (the interest rate is higher than the cut-off rate, etc.).

In accordance with paragraph 3 of Art. 834 of the Civil Code, the conclusion of the agreement is accompanied by the opening of a special bank account. Such an account is called a deposit account or a deposit account. The rules on the bank account agreement (Chapter 45 of the Civil Code) apply to the relations that have arisen, unless otherwise provided by the rules of Chapter 44 of the Civil Code or follows from the essence of the bank deposit agreement. A deposit account cannot exist with a zero balance. Funds from the deposit account are not undoubtedly collected.

5. Essential conditions of the bank deposit agreement - conditions on the subject, currency and amount of the deposit, on compensation (but not on the amount of interest), the condition on the name of the citizen or the name of the legal entity in favor of which the deposit is made.

Condition on the subject of the contract. The subject of the agreement is the bank's actions to return the deposit amount and pay interest. At the moment the deposited funds are credited to the depositor's account, they are depersonalized, and the depositor has a property liability right of claim against the bank.

Condition about the currency and the amount of the deposit. Deposit - funds in the currency of the Russian Federation or foreign currency. A savings (deposit) certificate is issued only in the currency of the Russian Federation. The maximum amount of the deposit is not limited, but the minimum initial contribution can be determined by the bank.

The condition on the amount of interest on the deposit and the procedure for calculating it. Interest on the amount of the deposit is paid in the amount determined by the bank deposit agreement.

In the absence in the agreement of a condition on the amount of interest paid, the bank is obliged to pay interest in the amount that exists in the depositor's place of residence (and if the depositor is a legal entity - in the place of its location) at the bank interest rate (refinancing rate) on the day the bank pays the amount of the debt or its corresponding parts.

The Bank is not entitled to attract individuals' funds into deposits on the basis of payment of income to depositors in the form of consumer goods or other material objects in non-cash form as a prize instead of paying income in the form of interest in cash.

Interest on the amount of a bank deposit is accrued from the day following the day of its receipt by the bank until the day of its return to the depositor, inclusive, and if it was debited from the depositor's account for other reasons, until the day of withdrawal, inclusive. That is, the day of the deposit is excluded, since the amount was in the bank part-time.

Interest on the amount of the bank deposit is paid to the depositor at his request at the end of each quarter separately from the amount of the deposit, other frequency may be stipulated by the bank deposit agreement. Interest unclaimed during this period increases the amount of the deposit on which interest is calculated.

Condition on the term of the deposit. The term for issuing a deposit can be set in the contract (term deposit). Savings (deposit) certificates must be urgent (clause 7 of the Regulation "On savings and deposit certificates of credit institutions").

If the term for issuance is not established in the contract, then the deposit is issued on demand (demand deposit). The limitation period does not apply to the claims of depositors to the bank for the issuance of deposits (Article 208 of the Civil Code).

Condition on the duration of the contract. The bank deposit agreement may establish the term of its validity and the procedure for its extension. For example, in the text the contract is indicated that if the depositor does not claim funds within 2 weeks after the expiration of this agreement, its validity is automatically extended by 3 months.

Article 29. Interest rates on loans, deposits (deposits) and commission on the operations of a credit institution

Interest rates on loans and (or) the procedure for their determination, including the determination of the interest rate on a loan, depending on changes in the conditions provided for in the loan agreement, interest rates on deposits (deposits) and commission fees on operations are set by the credit institution by agreement with clients, unless otherwise provided by federal law.

A credit institution does not have the right to unilaterally change interest rates on loans and (or) the procedure for determining them, interest rates on deposits (deposits), commission fees and the duration of these agreements with clients - individual entrepreneurs and legal entities, with the exception of cases provided for federal law or customer agreement.

Under an agreement of a bank deposit (deposit) made by a citizen on the terms of its issuance after a certain period or upon the occurrence of the circumstances provided for in the agreement, the bank cannot unilaterally shorten the term of this agreement, reduce the amount of interest, increase or establish a commission on operations, with the exception of cases provided for by federal law.

Under a loan agreement concluded with a borrower-citizen, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and (or) change the procedure for determining it, increase or establish a commission fee for operations, except for cases provided for by federal law ...

Credit institution - the owner of the ATM is obliged to inform the holder payment card until he makes settlements using a payment card, sends them orders to a credit institution to make settlements on its bank accounts using ATMs belonging to this credit institution, a warning notice displayed on the ATM screen, about the amount of commission set by the credit institution that owns the ATM and charged by it for the performance of these operations in addition to the remuneration established by the agreement between the credit institution that issued the payment card and the holder of this card, or the absence of such remuneration, as well as reflect, based on the results of these operations, information on the commission of the credit institution - the owner of the ATM if such a fee is charged on the ATM check or if there is no such fee.

See comments to Article 29 of this Federal Law

Information about changes:

Federal lawof April 8, 2008 N 46-FZ, article 30 of this Federal Law is amended,coming into forceafter 60 days after dayofficial publicationthe named Federal Law

See the text of the article in the previous edition

Condition on the name of the citizen or the name of the legal entity in favor of which the contribution is made... This condition is essential for a bank deposit agreement in favor of a third party (clause 1 of article 842 of the Civil Code).

6. Taking into account the listed conditions of the contract, we will name the main rights and obligations of the parties to the bank deposit agreement.

The bank ensures the safety of the deposit; calculates and pays income in the form of interest (part 1 of article 36 of the Law "On banks and banking activities").

The bank guarantees the secrecy of the bank deposit, account transactions and customer information (clause 1 of article 857 of the Civil Code). In exceptional cases, information constituting bank secrecy may be provided to the persons and bodies specified in clause 2 of Art. 857 of the Civil Code and in Art. 26 of the Law "On Banks and Banking Activities".

The bank is obliged to provide the depositor with information on the security of the return of the deposit (clause 3 of article 840 of the Civil Code). Thus, the Deposit Insurance Agency offers unified options for informing depositors, allowing them to form a positive attitude towards the compulsory deposit insurance system, as well as the procedure for banks to use the sign registered by the Agency as an industrial design - “Deposits are insured. Deposit Insurance System ". 1

The bank must inform the depositor of its participation or non-participation in voluntary deposit insurance funds. In case of participation in the voluntary deposit insurance fund, the bank informs the client about the insurance conditions.

The bank ensures the return of deposits. Deposits of citizens are provided through compulsory insurance of deposits of citizens by virtue of the Law "On Insurance of Deposits of Individuals in Banks of the Russian Federation" without concluding an insurance contract. Insurance is provided in case of 1 / revocation (cancellation) of the bank's banking license; 2 / introduction by the Bank of Russia of a moratorium on the satisfaction of claims of the bank's creditors.

Monetary funds are not subject to compulsory insurance:

1) placed on bank accounts of individuals engaged in entrepreneurial activity without forming a legal entity, if these accounts are opened in connection with the specified activity;