Nominal account characteristic. A nominal account can be opened by the owner of the account to carry out transactions with funds, the rights to which belong to another person - the beneficiary. Where can I open a nominal account
The rights to funds entering the nominal account, including as a result of their deposit by the account holder, belong to the beneficiary.
A nominal account can be opened for transactions with in cash, the rights to which belong to several persons - beneficiaries, with the exception of cases established by law.
An essential condition of the nominal account agreement is the indication of the beneficiary or the procedure for obtaining information from the account holder about the beneficiary or beneficiaries, as well as the basis for their participation in relations under the nominal account agreement.
A law or an agreement of a nominal account with the participation of the beneficiary may impose the obligation on the bank to control the use of funds by the account holder in the interests of the beneficiary within the limits and in the manner prescribed by law or the agreement.
Article 860 2. Conclusion of a nominee account agreement
The nominal account agreement is concluded in writing by drawing up one document signed by the parties (paragraph 2 of Article 434), with the obligatory indication of the date of its conclusion.
A nominal account agreement can be concluded with or without the participation of the beneficiary. The nominal account agreement with the participation of the beneficiary is also signed by the beneficiary.
Failure to comply with the form of the nominal account agreement entails its invalidity. Such an agreement is null and void.
In the event that the funds of several beneficiaries are accounted for on a nominal account, the bank keeps records of the funds of each beneficiary, except for cases when, in accordance with the law or the nominal account agreement, the obligation to record the funds of each beneficiary is imposed on the account holder.
Article 860 3. Transactions on a nominal account
A law or an agreement of a nominal account may limit the range of operations that can be performed at the direction of the account holder, including by determining:
1) persons to whom funds can be transferred or issued;
2) persons, with the consent of whom transactions are performed on the account;
3) documents that are the basis for the performance of transactions;
Other circumstances.
Article 860 4. Providing information that makes up the banking
Secret, to the beneficiary under the nominal account agreement
The beneficiary under the nominal account agreement has the right to demand from the bank the provision of information constituting bank secrecy if such a right is granted to the beneficiary by the contract.
2. Under a nominal account agreement with the participation of the beneficiary, the beneficiary shall have the right to require the bank to provide information constituting bank secrecy.
Article 860 5. Arrest or write-off of funds on
Nominal account
Suspension of operations on a nominal account, seizure or write-off of funds in the nominal account for the obligations of the account holder, with the exception of the obligations provided for in Articles 850 and 851 of this Code, is not allowed.
The seizure or write-off of funds from a nominal account for the obligations of the beneficiary is allowed by a court decision, the cancellation of funds is also allowed in cases stipulated by law or by the nominal account agreement.
Article 860 6. Change and termination of the nominee account agreement, replacement of the nominee account holder
The nominal account agreement with the participation of the beneficiary may be changed or terminated only with the consent of the beneficiary, unless otherwise provided by law or the nominal account agreement.
If the bank receives an application from the account holder to terminate the nominal account agreement, the bank is obliged to immediately inform the beneficiary about it.
If the owner of the nominal account is the trustee or trustee of the beneficiary, then upon termination of the duties of the guardian or trustee, such owner of the nominal account is replaced by another owner who, in accordance with the procedure established by law, is appointed the trustee or trustee of the beneficiary. Upon termination of guardianship or trusteeship in cases stipulated by law, including when the beneficiary reaches the age of majority, the nominal account agreement is terminated, the balance of funds, at the request of the beneficiary, is issued to him or transferred to his other bank account.
4. Upon termination of the nominal account agreement, the balance of funds is transferred to another nominal account of the owner or issued to the beneficiary, or, unless otherwise provided by law or the nominal account agreement or does not follow from the nature of the relationship, at the direction of the beneficiary, is transferred to another account. ";
g) after Article 860 6 add the following paragraph:
"§ 3. Escrow account";
h) Articles 860 7 - 860 10 shall be stated in the following wording:
“Article 860 7. Escrow account agreement
1. Under the escrow account agreement, the bank (escrow agent) opens a special escrow account to record and block funds received from the account holder (depositor) in order to transfer them to another person (beneficiary) when the grounds provided for by the escrow account agreement arise. The rights to the funds in the escrow account belong to the depositor before the date on which the grounds for transferring funds to the beneficiary arise, and after that date to the beneficiary. The disposal of funds in the escrow account is carried out in the manner prescribed by this paragraph.
Nominal accounts are used by banks for individuals and legal entities, but what is the essence of this service? What are the options and for whom it may be convenient to open such an account, we will analyze in understandable terms.
What is a "nominal account" in a bank
First, we will give a definition of the terms that are required for understanding in this matter.
The concepts are introduced in article 860 of the Civil Code of the Russian Federation (part 2) of 01.26.1996 N 14-FZ (as amended and supplemented, entered into force on 01.09.2018).
Nominal account Is a type of bank account that is opened by one person (account holder), and the funds in the account belong to another person (beneficiary).
Account owner- a person who has entered into an account opening agreement with the bank.
Beneficiary- the person who owns the rights to all funds in the nominal account. He is also called the beneficiary, although this may seem somewhat illogical.
Schematic representation of the essence of any nominal account:
Short: The money of one (the beneficiary) is managed by the other (the owner of the account), on the terms prescribed in the contract. The bank stores money and controls transactions.
Such accounts can be used by both individuals and legal entities.
Bank
What the bank does:
- Opens an account.
- Keeps money on it, calculates interest.
- Fulfills the conditions stipulated in the contract and the law.
- It contacts the beneficiary when the account holder requests changes to the subject of the agreement or closes the account.
- When the account is closed, it transfers the balances to another nominal account.
- Write off payment for his services.
- Does not allow the suspension of the operation (cannot be arrested).
Beneficiary
What the beneficiary can do:
- Has rights to all funds on the account (it does not matter who deposited them, even if it was the owner).
- Transfer and withdraw money.
- Agree on any operations.
- Require supporting documents on account transactions.
- Require the bank to provide information constituting banking secrecy.
Account owner
What an account holder can do:
- Withdraw funds for operations agreed in the contract.
- Deposit money into the account.
What the account holder needs:
- Provide documents to confirm the purpose of the expenses.
- Other, as specified in the contract.
Contract
What can be indicated when drawing up a contract:
- An indication of the beneficiary is mandatory (there may be several of them).
- The beneficiary may not participate in the signing of the contract.
- Grounds for the participation of all parties.
- Control over the use of funds by the owner in the interests of the beneficiary.
- You can set any rules and restrictions on the use of funds by the parties.
What are the options for a nominal account
There are several very similar concepts that are used for the activities indicated in the diagram at the beginning of the article.
The meaning is always the same - there is an account, there are several parties, and it is not their owner who controls the money, but the other party.
Depending on the requirements for the bank, participants in transactions and the funds on the account, one can distinguish:
- Nominal account.
- Escrow - this "account" can store not only money, but also property, and not only a bank, but also law firms, specialized companies (escrow agents) can act as a guarantor.
- Public escrow account - Payments by the account holder can only be made within the organization. The owners of such accounts can be, for example, bailiffs.
- Letter of credit - most often 2 parties are involved - the buyer, the seller and 1 bank on each side. In this case, the buyer's bank can provide co-financing (crediting).
- Collateral account - the money in this account can be used, but the amount must not be reduced to less than the secured obligation. The bank and two parties are involved.
Formally, the Civil Code considers 3 account options: nominal, escrow and public deposit.
Detailed theoretical calculations are presented in a video from the head of the Department of Civil Law of the Faculty of Law of the National Research University Higher School of Economics.
Who can be a participant:
Parties:
- Child, orphan - parent, guardian.
- Disabled, incapacitated - guardian.
- Buyer-Seller (legal entity and individual).
- FTS - notary - debtor.
Guarantee: Bank, law firm, agent company.
Account finances: social payments, pensions, benefits, payment for goods / services, payment for an apartment and other real estate, debt reclaimed, etc.
Comparison and features
Many applications special accounts leads to some confusion in the understanding of terminology, for example, in real estate transactions in different banks nominal account, letter of credit, and escrow may apply. This does not change the idea - safe box is replaced by an account.
There are various specific nuances that are important to understand in each case. A description of all the pitfalls for general situations is suitable for a textbook, but we are trying in simple words explain the essence.
Here are some distinguishing points for the different account options to help you grasp the possible difference.
Table: Comparison of nominal accounts.
Account type | Characteristics |
Nominal | Interest is charged on the funds. Cash flow can occur regularly. The bank monitors compliance with the agreement. |
Escrow | A strictly defined amount is blocked on the account, there is no movement of funds. The bank's remuneration as an escrow agent cannot be collected from the funds in the escrow account, unless otherwise provided by the agreement. If the transaction is not executed at a certain time, then the agent will return the entire amount to the owner of the escrow account. The bank is fully responsible. |
Letter of credit | Possibility to get credit funds from the bank. There is no need for all parties to the transaction to work with one account in one bank. |
Collateral | The beneficiary party may be the bank in which the account is opened. It can be opened in advance - when there is still no agreement, the second party, finance. |
Public deposit | The owner of such an account can be, for example, a notary, service bailiffs, court. If funds were collected from the debtor, then they can be sent only to certain authorities, for example, to the Federal Tax Service. Law No. 212-FZ defines the circumstances for replacing the owner of a deposit account. Can only be opened in a bank with own capital more than 20 billion rubles. |
Advantages and disadvantages
Financial relations between the two parties with the involvement of a third, guaranteeing the "purity" of relations have always been in demand. The main advantages of the considered accounts follow from this:
- The main advantage of nominal accounts is - guarantee... This means that there are those responsible for compliance with all the rules prescribed in the contract.
- The procedure for assessing the success / correctness of actions performed by the parties is clear.
- It is known what will happen in the event of unauthorized actions / disruption of the transaction.
- The interests of all parties are maximally observed and enshrined in the contract.
- Most of the risks of “mistrust” have been removed.
What can be attributed to the disadvantages:
The system of working with nominal accounts is very young, for only a few years banks have been trying to focus on Foreign experience and adapt it to domestic realities. Because of the lack of training at all stages, difficulties arise:
- Increase in terms of operations - deviation from the declared ones.
- Lack of a sufficient number of qualified specialists.
- The need to study the nuances for each specific atypical case.
The revision of the Civil Code of the Russian Federation in 2014 was supplemented with 10 clauses on Nominal Accounts and Escrow (clauses 860.1 - 860.10). In the present edition there are already 15 amended and amended items. Work in this direction is being actively carried out, since many issues in the laws require detailed elaboration and amendments taking into account feedback from banking and legal practice.
Practice of using nominal accounts
Let's analyze the main typical application situations - they are actively used by bank clients.
Per child for guardians
In a situation where it is necessary to obtain social payments in favor of children, it will be a convenient option to use a nominal account for a child.
In this case:
The beneficiary is a child, in whose name the payments are made.
Account holder - parent / guardian.
Such nominal accounts are provided only for money intended for the child and should be spent on the maintenance of the ward.
What payments can come here: alimony, payments for the maintenance of a minor, benefits, survivor's pension, etc.
The essence: the account is opened in the name of the guardian, but the money formally belongs to the child. And should be spent in the best interests of the child.
Protection: funds will not be seized if the guardian has any debts for which collection is possible.
Important: not all payments will go to such an account. What funds will not come - remuneration for guardians, i.e. money directed to guardians.
What is the advantage - you can spend finances without asking additional permission from the guardianship authorities. But as before, it is imperative to report to custody by February 1. The reports do not cover everyone. For example, parents receiving alimony do not need to submit reports.
What are the disadvantages - the guardianship authorities can request (despite the existence of banking secrecy) from the bank information on spending funds from a nominal account - an electronic or written statement, which is impossible for other personal accounts, for example, for deposits. Pay attention to the possibilities of remote work under a distance contract banking services... It is possible that many transactions will not be available through the online bank. It is necessary to clarify this when applying for the opening, and familiarize yourself with the tariffs.
If there are 3 children, then you will have to open 3 accounts - 1 account holder and 3 beneficiaries. Necessary additional statement to transfer all funds to one separate regular account.
To open, you do not need permission from the guardianship authorities, you only need documents:
- Passport.
- Confirmation of guardianship.
- Child's passport / birth certificate.
After opening, you can receive the details of the account and transfer them to the officials in the body that makes regular enrollments to the child.
Detailed comments on the interaction with nominal accounts from the lawyer for family and child law Zharov A.A.
Other social payments
The situation looks similar with other payments for compensation for harm to health, for the loss of a breadwinner, alimony, pensions, benefits, and any other funds paid to the holder:
- minors,
- incapacitated
- citizens with limited legal capacity.
The package of documents is changing, which must be clarified when opening an account.
In all these cases:
Beneficiary- this is the one for whom the money is allocated.
Account owner- trustee, guardian.
Nominal invoice for the sale of an apartment / mortgage
In 2017, Sberbank's DomClick service introduced the Safe Settlement Service service. It is thanks to the use of nominal accounts that such a service is possible.
In fact, instead of safety deposit box the account is used.
Beneficiary: real estate seller (beneficiary).
Account owner: depends on the organization, in Sberbank it is the central nervous system.
- The risks of cash manipulation are removed,
- Reducing the cost of the procedure.
- The speed of registration increases.
- Additional guarantees for both the seller and the buyer.
- Decrease in document circulation (even in comparison with a letter of credit, which is also actively used for such transactions).
What the deal looks like, the main steps:
- A contract is drawn up.
- A nominal account is opened for the buyer.
- The buyer transfers the amount required for the purchase.
- The bank blocks the money until the terms of the agreement are fulfilled.
- Real estate registration, confirmation of the change of owner, obtaining USRN data.
- The money is transferred to the seller's personal account.
In the opinion of the editors, a more appropriate term for such an account would not be "nominal", but "escrow" - after all, it is the blocking of the amount until certain conditions are met that is its characteristic feature.
Most likely, the terminology used is intended not to scare away customers with new strange words. In fact, as we found out above, in the Civil Code of the Russian Federation, 3 accounts are nominal: escrow, public deposit and directly - nominal.
Amendments to the Civil Code were adopted in 2014 Russian Federation... According to them, citizens were able to open joint accounts with their relatives. Now those who wish can create a nominal account. What this tool is for, how it works and how to open it, you will learn from this article.
What is a nominal account
The bank account that the trustee opens to transact with funds owned by the trustee is called a nominal account. Its characteristic feature is as follows: a service contract can be concluded without being signed by the beneficiary. In case of opening such an account for several wards, the bank is obliged to take into account the interests of each of them. The exceptions are cases when the contract clearly provides for a different option.
- A nominal account is opened by parents and guardians so that alimony, benefits and social benefits for minors or disabled citizens can be credited there.
- Also, nominal current accounts in the bank can be opened to guarantee compliance with contractual obligations under contracts, to ensure loan obligations and compliance with other conditions for receiving funds by the beneficiary.
Opening and using such accounts, as well as related to them banking, regulated by the state.
Types of nominal accounts
In addition to the nominal account for crediting social benefits, which is convenient for guardians and wards, there are three more types of them: letter of credit, escrow and security account.
Escrow - an account for freezing funds and transferring it on the basis of an agreement between the bank, the depositor and the beneficiary... Its features are as follows:
- the owner and the recipient cannot use the account funds until the terms of the agreement are met;
- the receipt of funds occurs one-time in the amount provided for by the clauses of the contract;
- the bank cannot write off the monetary commission;
- Escrow funds cannot be withdrawn in cash, they cannot be used to make purchases, pay for services or use them for other purposes;
- without the consent of the recipient, the payer cannot close the escrow.
A security account is opened for depositing money acting as collateral... The debtor credits funds to the current account as a pledger. The pledge is considered made from the moment the documents are received and the bank approves the opening of the deposit.
The parties cannot make changes to the agreement without agreeing them with the pledger. The bank is obliged to comply with the client's instructions regarding payments. Simultaneous lending to several beneficiaries is allowed.
A letter of credit implies the crediting of money to the recipient only after they have provided documents confirming the fulfillment of the conditions specified in the agreement. The payer transfers funds to the account, and the bank sends them to the beneficiary only after he fulfills his obligations. This deposit acts as an alternative to settlements through a safe deposit box.
Practice of using nominal accounts
The first nominal accounts began to be introduced simultaneously with the development of non-cash money circulation and the development of electronic banking systems. German banks were the first to use special deposits in 1992. This simplified the crediting of the payer's money to the beneficiary and contributed to the security of such transactions.
Nominee accounts, which instead of deposits were used to receive payments, optimized the tender guarantee service, making it cheaper and easier.
Nominee accounts are actively used by notaries and lawyers to enforce the terms of transactions between clients.
The best way to avoid fraud, fraud and loss of funds due to unfair compliance with contractual obligations is to settle with counterparties through a letter of credit, escrow or a security deposit. In Western countries, there is a growing trend in the use of escrow by individuals for day-to-day settlements. This ensures the safety of transactions between the seller and the buyer in stores.
Why does a guardian need a nominal account
Previously, the money received by the ward was accumulated in the account of the guardian. The latter, without the permission of the guardianship authority, could withdraw only a monthly amount within living wage... Obtaining such permission was often problematic and time-consuming.
To facilitate the fulfillment of guardianship duties and popularize guardianship, the government decided to introduce nominal accounts for crediting social benefits, which would make it possible to accumulate social benefits, alimony and compensation for harm to health. According to the Civil Code, the guardian can withdraw funds from the account in unlimited quantities for the needs of the ward, subject to his interests and regular reporting of expenses. This improves the social protection of the caregivers, simplifies the procedure and makes the institution of guardianship more attractive.
Where can I open a nominal account
Initially, such accounts could only be opened in credit institutions, the controlling stake of which belongs to the state. Among them, Sberbank stands out as the main National Bank RF. Subsequently, the rules of the game have changed. You can open nominal accounts in any bank, the restrictions only affected the maximum accumulated amount. This was done in the interests of the wards.
Cash deposits of the population are protected by the state. In the event of bankruptcy, the bank's depositors receive their money from the bank deposit insurance fund. Maximum amount reimbursement is limited and amounts to 1.4 million rubles. If the depositor has larger amount on bank accounts, only the established insurance limit will be returned to him.
Therefore, the same amount equal to the limit is the limit for the total funds in nominal accounts with one bank. Transfers received by a minor or an incapacitated person that do not fit into the restrictions must go to a nominal account opened with another bank. This gives guarantees that in case of bankruptcy of the bank, the ward's money will be fully returned to him.
Important: an account can be opened in any bank, and official permission to open it from the guardianship authorities is not required.
Appointment and operation of a nominal guardian account
The nominee account agreement is concluded by the guardian or parent, while the full details of the beneficiary are indicated and the documents approved by law are provided.
Control over the correct spending and safety of the ward's funds is carried out by a banking institution on the basis of settlement documents. The beneficiary or his lawyer can seize the account to prevent the guardian or trustee from spending funds.
The owner of a nominal account is obliged to:
- control the amount of the deposit and expense transactions;
- keep track of funds;
- contain the ward;
- to execute tax liabilities on the available pledge accounts.
It works like this:
- the guardian transfers the package of documents to the bank representative;
- the bank opens a nominal account for the transfer of alimony, pensions and social benefits;
- despite the fact that the beneficiary owns the funds, the guardian manages them;
- the board of trustees does not control the opening of an account and the spending of funds;
- to close the nominal contribution is possible only after the transfer of funds into the possession of the person under guardianship.
The ward (with his legal capacity) has the right:
- receive information about the account that constitutes a banking or commercial secret;
- set restrictions on the expense or transfer of money by the account holder;
- change or terminate the contract for opening a nominal account.
Conditions for using a nominal account
- According to the Civil Code of the Russian Federation, with the participation of the beneficiary, the issuance of cash and the spending of the deposit is made without restrictions.
- The owner can deposit an unlimited amount into his account if the guardian wishes.
- To transfer money to the beneficiary, the guardian must visit the bank branch, present the passport of a citizen of Russia and deposit the desired amount.
- The balance is charged with the interest specified in the bank agreement.
- The amount of indexation depends on the amount on the account, the frequency of withdrawal of funds, the amount of income and the type of deposit.
- The bank can change the charge additional interest only with the consent of the owner.
- The owner is obliged to draw up an annual report on the expenditure of the beneficiary's funds.
- It is possible to recover money for the obligations of a ward from a nominal account only by a court decision and in other cases directly provided for by law. The only exceptions are the commission for banking operations on the account.
Disadvantages of using nominal accounts for a guardian
As well as positive sides the use of nominal accounts, their use by guardians creates certain problems for the latter:
- The procedure for opening a nominal account provides that it can be issued only at the place of residence, and money can be withdrawn only in one branch. With such conditions, when leaving for treatment abroad or other regions of the Russian Federation, it will not be possible to use the funds.
- Not all spending in favor of the ward can be documented, which makes reporting difficult. As a result, it becomes impossible to pay from a nominal account for additional rehabilitation courses, massage and classes with private speech therapists.
- Bank control over the spending of funds violates privacy. This aspect is extremely sensitive for parents of disabled children.
- Even for Sberbank, nominal accounts are a “raw product” for which not all banking specialists can give qualified advice. In some state structures, they still have a poor understanding of the procedure for processing payments to a nominal account.
How to open a nominal account for a ward
To open a nominal account, you must apply to the selected bank. Of the documents required:
- the decision of the guardianship and trusteeship authority on the appointment of a guardian;
- guardian's certificate.
If the guardian is the parent of a child under 18, a birth certificate must be provided instead of the decision of the guardianship authorities.
In some cases, an additional residence permit, migration card or other document is provided that confirms the person's right to stay on the territory of the Russian Federation.
When opening an account, the owner is obliged to inform the bank about the beneficiary's data:
- date of birth;
- Place of Birth;
- registration address of the person under guardianship.
Together with the data, a passport of an adult beneficiary or a birth certificate must be provided if the beneficiary is under 14 years of age.
After submitting all the documents and considering the application, an agreement is concluded with the account owner, which reflects the data of him and the beneficiary.
For enrollment social benefits that are intended for the maintenance of the ward, the owner of the nominal account must write an application to the authority that deals with their payments. The application must indicate the account number to which funds are to be credited. It is easy to determine whether an account belongs to a nominal one - such accounts begin with the numbers “40823”. This is to facilitate banking and state control for crediting and spending funds of this group of accounts.
The adopted amendments to the Civil Code of the Russian Federation reduced state regulation in such a delicate area of activity as guardianship. This is an undoubted step forward.
Despite some controversial points, the use of nominal accounts greatly facilitates settlements and financial activities subjects. This applies to guardianship and business interaction between counterparties.
Lawyer's opinion
The full text of Art. 860.1 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 860.1 of the Civil Code of the Russian Federation.
1. A nominal account can be opened by the account holder to carry out transactions with funds, the rights to which belong to another person - the beneficiary. The rights to funds entering the nominal account, including as a result of their deposit by the account holder, belong to the beneficiary. The nominal account can open for transactions with funds, the rights to which belong to several persons - beneficiaries, with the exception of cases established by law. (Paragraph as amended on December 23, 2014 Federal law dated December 22, 2014 N 432-FZ.
2. An essential condition of the nominal account agreement is the indication of the beneficiary or the procedure for obtaining information from the account holder about the beneficiary or beneficiaries, as well as the basis for their participation in relations under the nominal account agreement.
3. A law or an agreement on a nominal account with the participation of the beneficiary may impose the obligation on the bank to control the use of funds by the account holder in the interests of the beneficiary within the limits and in the manner prescribed by law or agreement. December 2013 N 379-FZ)
Commentary on Article 860.1 of the Civil Code of the Russian Federation
1.From 07/01/2014, the Civil Code of the Russian Federation was supplemented with a new article regulating the nominal account agreement, which is a type of bank account agreement. Note that the institution of nominal account is used in practice developed countries... It has been successfully used for a long time and successfully in structuring complex financial transactions, primarily in securitization transactions, as well as in project financing.
The purpose of the nominee account agreement is to consolidate financial, trading and other operations in commercial practice, during the performance of which funds are credited to the bank accounts of persons who do not own these funds. economic sense... Such persons should include, for example, a trustee, a nominee valuable papers, broker, notary, agent, commission agent, attorney.
Thus, a nominal account agreement can be used in tax relations when collecting taxes from the owner of such a nominal account and the beneficiary.
An analysis of clause 1 of the commented article shows that a nominal account is opened for the account holder to carry out transactions with funds, the rights to which belong to another person - the beneficiary. The funds of the nominal account do not belong to the account holder, they are accumulated in this account for a specific purpose, and the account holder can manage them, i.e. there is a targeted (conditional) deposit of funds.
Under the beneficiary, within the meaning of the commented article, is understood the person to whom the cash payment is intended, or otherwise - the recipient of profit, income, money, benefit.
In particular, a nominal account can be opened for the bondholder.
It goes without saying that all rights to funds entering a nominal account, including by depositing them by the owner of this account, belong only to the beneficiary.
Clause 1 of the commented article allows the opening of a nominal account to carry out transactions with funds, the rights to which may also belong to several persons at once - the beneficiaries.
2. Clause 2 of the commented article contains the essential (mandatory) terms of the nominal account agreement.
By general rule contractual terms fix the mutual rights and obligations of the parties under the contract. There are three groups of conditions: essential, ordinary and accidental. The Civil Code of the Russian Federation secured the essential terms of the agreement.
Essential are those conditions that are necessary and sufficient in order to consider the contract concluded, i.e. one that gives rise to rights and obligations for the parties (see Art. 432 of the Civil Code of the Russian Federation). The contract will be considered concluded only if the parties in the form required by law have reached an agreement on each of its essential terms. This circumstance is of particular importance, since otherwise the contract will be considered non-concluded. Thus, the essential conditions determine the stage (list of operations) performed by each party to the agreement and the ultimate goal (result) of joint actions.
The Civil Code of the Russian Federation establishes the following three conditions:
- indication of the beneficiary;
- the procedure for obtaining information from the account holder about the beneficiary or beneficiaries;
- the basis for the participation of the beneficiary or beneficiaries in relations under the nominal account agreement.
All other, except for the above, conditions of the nominal account agreement, therefore, from the point of view of the emergence of relations, do not have of particular importance... The terms of the contract, if they are not agreed (orally or in writing) directly by the parties, should be determined in regulatory legal acts.
3. Clause 3 of the commented article allows for the possibility of imposing on the bank the obligation to control the use of funds by the account holder in the interests of the beneficiary.
The limits and procedure for such control can be directly established in the law, or in the contract of the nominal account with the participation of the beneficiary.
This provision is an exception to the general rule established by paragraph 3 of Art. 845 of the Civil Code of the Russian Federation, according to which it is not allowed for the bank to exercise control over the direction of the client's use of the funds on the account.
4. Applicable law:
- ФЗ dated 02.12.90 N 395-I "On banks and banking activities";
- Instruction of the Bank of Russia dated May 30, 2014 N 153-I.
Consultations and comments of lawyers under Article 860.1 of the Civil Code of the Russian Federation
If you still have questions about Article 860.1 of the Civil Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.
You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.
Application
to the Order
Commercial bank "ACROPOL" joint-stock company, hereinafter referred to as the "Bank", represented by ______________________________, acting on the basis of _________________________, on the one hand,
Gr .__________________________________________, passport: series _____ number _____ date of issue __________, by whom issued ___________________________________________, hereinafter referred to as the "Beneficiary", on the other hand,
and Gr .______________________________________, passport: series _____ number ____ date of issue __________, by whom issued ______________________________________________, hereinafter referred to as the "Account Holder", from the third party, hereinafter collectively referred to as the "Parties", have entered into this Nominal Account Agreement (hereinafter referred to as the Agreement) on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Bank opens for the Account Holder a nominal account in the currency of the Russian Federation (hereinafter referred to as the Account) for performing transactions with funds, the rights to which belong to the Beneficiary.
The right to dispose of the funds in the Account belongs to the Account Owner on the basis of _____________________________________________________________________________________
(name and details of the document confirming the fulfillment of the duties of a guardian / trustee)
1.2. The Bank transfers to the Account the amounts of alimony, pensions, benefits, compensation for harm to health and harm incurred in the event of the death of the breadwinner, as well as ________________________________________________
______________________________________________________________________________________________
(indicate other funds paid to support the Beneficiary (if any))
with the exception of income that the Beneficiary has the right to dispose of independently in accordance with the current legislation of the Russian Federation (hereinafter - the Beneficiary's social income).
1.3. The Bank fulfills the instructions of the Account Owner on the transfer and disbursement of funds from the Account and other operations on it, not related to entrepreneurial activity or private practice, in accordance with the current legislation of the Russian Federation, regulations of the Bank of Russia and the terms of this Agreement (hereinafter “settlement - cash service ").
1.4. Settlement and cash services are provided by the Bank during the operational time set by the Bank for servicing clients, in accordance with the Bank's Operational Rules posted on the Bank's website at www. acropol. ru.
1.5. Settlement and cash services are provided by the Bank for a fee in accordance with the Bank's Tariffs posted on the Bank's website at www. acropol. ru.
1.6. The funds placed on the Account are insured in the manner, in the amount and on the conditions established by the Federal Law of 01.01.2001. “On insurance of deposits of individuals in banks of the Russian Federation”.
1.7. Terms used in this Agreement:
- "Banking day" - a working day established by the Bank, which means calendar days, except for the days off established by federal laws and holidays, as well as days off transferred to working days by the decision of the Government of the Russian Federation, during which the Bank provides customer service, accepting documents for recording, consulting work; “Operating time” - a period of time established by the Bank during which the Bank accepts settlement documents from customers on the current banking day; "Irrevocable transfer" - the absence or termination of the possibility of revoking the order to carry out a money transfer at a certain point in time. The irrevocability of the transfer of funds occurs from the moment the funds are debited from the Account.
2. PROCEDURE FOR OPENING AND MAINTAINING AN ACCOUNT
2.1. The Bank opens Account No. ____________________ for the Account Owner on the basis of a written application from the Account Owner in the form, established by the Bank, and upon the provision of all duly executed documents in accordance with Appendix No. 1 to this Agreement, as well as documents and information required to identify the Account Holder, his representative, Beneficiary and other persons in accordance with the current legislation of the Russian Federation, regulations Bank of Russia and internal documents of the Bank.
2.2. Account opening, acceptance and execution of documents is carried out by the Bank in the personal presence of the Account Owner (his authorized representative) and the Beneficiary.
2.3. Transfers of funds on the Account are carried out by the Bank by crediting funds to the Account and debiting funds from the Account on the basis of orders of the Account Owner, recipients of funds, as well as persons and bodies entitled, on the basis of the legislation of the Russian Federation, to submit orders to bank accounts (hereinafter - claimants funds) drawn up in accordance with the requirements of the current legislation of the Russian Federation, regulations of the Bank of Russia and this Agreement (hereinafter referred to as orders).
2.4. The withdrawal of funds from the Account is carried out by the Bank within the limits of the balance of funds on the Account sufficient for performing transactions, taking into account the Bank's commission, as of the beginning of the current banking day.
The Bank does not exercise control over the use of funds by the Account Holder in the interests of the Beneficiary, with the exception of cases provided for by the legislation of the Russian Federation.
2.5. If the funds on the Account are sufficient, the orders are subject to execution in the sequence of their receipt to the Bank. When blocking (freezing) funds on the Account in accordance with the requirements of the legislation of the Russian Federation in the field of combating the legalization (laundering) of proceeds from crime and financing of terrorism, the Account Holder's orders are not executed, except for the cases established by the legislation of the Russian Federation.
2.6. In case of insufficient funds on the Account, orders, unless otherwise provided by the legislation of the Russian Federation, are not accepted by the Bank for execution and are returned to the senders of orders no later than the business day following the day they are received by the Bank.
2.7. Crediting of funds received to the Account, as well as debiting (issuing) of funds from the Account, shall be carried out by the Bank no later than the banking day following the day the corresponding order is received by the Bank.
Funds are transferred within 3 (three) business days from the date the funds are debited from the Account.
2.8. Orders received by the Bank during the operational time of the Bank are accepted for execution on the current banking day. Documents received by the Bank after the end of the Bank's operating time are accepted for execution on the next banking day.
2.9. The withdrawal of funds from the Account without orders of the Account Holder is carried out by the Bank in the cases stipulated by the current legislation of the Russian Federation, as well as by this Agreement.
Suspension of operations on the Account, seizure or write-off of funds in the Account for the obligations of the Account Owner, with the exception of the obligations provided for in clause 2.13 of this Agreement, is not allowed.
The seizure or withdrawal of funds from the Account under the obligations of the Beneficiary is allowed by a court decision, the withdrawal of funds is also allowed in cases provided for by law or this Agreement.
2.10. Account statements are issued to the Account Owner (his representative) as the transactions are performed, as well as at the request of the Account Owner and the Beneficiary in the terms and procedure established by the Bank's Operational Rules and in a card with samples of signatures and seal imprints (hereinafter referred to as the Card) upon presentation by the specified persons documents proving their identity.
If the Account Owner does not submit his objections in writing within 10 (Ten) calendar days after receiving the Account statement, the operations performed and the Account balance are considered confirmed by the Account Owner.
The originals of the statements and their annexes are kept by the Bank for 30 (Thirty) calendar days, after which they are subject to destruction. When the Account Owner (his representative) or the Beneficiary applies to the Bank for the issuance of statements and / or attachments to them after the specified period, the Bank, based on the application of the Account Owner (his representative) or the Beneficiary, draws up copies of statements and / or attachments to them, which are paid By the owner of the account in accordance with the approved Tariffs of the Bank.
2.11. The Bank does not accrue interest on the balance of funds in the Account, lending to the Account (overdraft) is not allowed, unless otherwise provided by the Parties in the supplementary agreement to this Agreement.
2.12. The Bank charges fees for the Bank's services, as well as the amounts spent by the Bank on postal, telecommunication and other expenses related to the execution of the Account Holder's orders by debiting the Bank's commissions and expenses from the Account on the basis of a bank order on the day of the transaction or expenses incurred. Bank, unless otherwise provided by the Bank's Tariffs.
2.13. The Account Holder hereby gives the Bank his consent (acceptance) to write off from the Account:
Funds for payment of commissions for banking operations and the provision of services by the Bank as stipulated in the Bank's Tariffs, as well as for reimbursement of amounts spent by the Bank on postal, telecommunications and other expenses related to the execution of orders of the Account Holder;
Funds mistakenly credited to the Account;
2.14. Consent (acceptance) of the Account Owner for the Bank to write off funds from the Account in the cases specified in clause 2.13. of this Agreement, is a pre-given acceptance for the execution of orders by the Bank and is drawn up by the Account Holder in the form of a separate document, including an application for advance this acceptance drawn up on hard copy indicating the amount of acceptance or the procedure for determining it, information about the recipient of funds, about the obligation, as well as other information.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Bank undertakes:
3.1.1. Open an Account for the Account Owner no later than 5 (Five) banking days after the Account Owner submits to the Bank all the documents specified in clause 2.1 of this Agreement, and carry out settlement and cash services in the manner prescribed by the current legislation of the Russian Federation, regulations of the Bank of Russia, Operational the rules of the Bank and this Agreement.
3.1.2. When accepting the Account Owner's order for execution, verify the Account Owner's right to dispose of funds, check the transfer details, the adequacy of the funds on the Account to execute the order, as well as perform other procedures for accepting orders for execution provided for by the legislation of the Russian Federation and the Banking Rules of the Bank.
3.1.3. Issue Account statements to the Account Owner (his representative) and the Beneficiary within the terms established by this Agreement and the Bank's Operating Rules.
3.1.4. Inform the Account Owner and / or Beneficiary about the execution of orders no later than the next banking day from the date of receipt of the corresponding written request from the Account Owner or Beneficiary.
3.1.5. Keep the secrecy of the Account, account transactions and information about the Account Holder and / or Beneficiary. Bank secrecy information can only be provided to the Account Holder, his authorized representative and the Beneficiary. State bodies and their officials may be provided with such information only in the cases and in the manner prescribed by the legislation of the Russian Federation.
3.1.6. Apply measures to freeze (block) funds in the Account in the manner and in cases provided for by the current legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.
3.1.7. Immediately inform the Beneficiary if the Bank receives an application from the Account Holder to terminate this Agreement.
3.1.8. Terminate this Agreement upon receipt of a relevant application from the Account Holder only with the written consent of the Beneficiary.
3.1.9. In the event that the total amount of funds in the Account exceeds that provided for by the Federal Law of 01.01.2001. "On insurance of deposits of individuals in banks of the Russian Federation" the amount of compensation for deposits, no later than the next business day, notify the Account Owner, as well as the guardianship and trusteeship body of the amount of such an excess and the consequences of such an excess.
3.2. The bank has the right:
3.2.1. Draw up orders on behalf of the Account Owner in the presence of a corresponding written application from the Account Owner, drawn up in the form established by the Bank.
3.2.2. Withdraw funds from the Account without additional instructions from the Account Holder:
- under the obligations of the Beneficiary by a court decision, as well as in cases stipulated by the current legislation of the Russian Federation. In these cases, the Bank does not consider the substantive objections of the Account Owner against the withdrawal of funds from the Account, while the claimant bears responsibility for the legality of the withdrawal of funds from the Account; in the cases provided for in clause 2.13. actual agreement.
In cases where the recipient of funds is the Bank, funds are debited from the Account by a bank order.
3.2.3. Make changes to the current Tariffs and Operating Rules of the Bank with prior notification of the Account Holder no later than 10 (Ten) calendar days before the date of change by posting relevant information on the Bank's information stands and on the Bank's website at www. acropol. ru.
3.2.4. Refuse to the Account Holder:
- in carrying out transactions on the Account in the presence of facts testifying to the contradiction of transactions with the current legislation of the Russian Federation, as well as transactions for which documents have not been submitted in accordance with the current legislation of the Russian Federation; in accepting an order for execution if the Account Owner violates the rules for issuing orders and the deadlines for submitting them to the Bank, in cases where the Bank has obvious doubts about the authenticity of the order, including if the signature in the order does not match the sample signature on the Card; in fulfilling the order of the Account Holder in the absence of funds on the Account to pay for the Bank's services in accordance with the current Tariffs of the Bank; in fulfilling the order of the Account Owner to perform transactions on the Account (except for the operations of crediting funds to the Account) in cases stipulated by the current legislation of the Russian Federation and regulations of the Bank of Russia on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.
3.2.5. Suspend debit transactions on the Account, block (freeze) funds on the Account in the manner and terms established by the current legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.
3.2.6. Suspend debit transactions on the Account if the Bank establishes the fact that the Account Holder has terminated his guardian / trustee's duties and does not receive an application to the Bank to terminate this Agreement. In this case, the Bank, no later than the day following the day of the specified suspension, notifies the Account Owner and the Beneficiary of the suspension expense transactions on the Account, as well as on the possibility for the Beneficiary to receive (transfer to any account) of the funds in the Account.
3.2.7. Terminate this Agreement at unilaterally in accordance with clause 5.2. article 7 of the Federal Law -FZ "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism".
3.2.8. Change the Account number unilaterally in the event that the need for such a change is caused by the requirements of the current legislation of the Russian Federation and the regulations of the Bank of Russia, having previously notified the Client in writing no later than 5 (Five) calendar days before the date of such change.
3.2.9. Request from the Account Owner and the Beneficiary documents and information that are the basis for performing transactions on the Account, documents and information necessary to update information about the Account Owner and the Beneficiary, as well as other information and documents necessary for the Bank to carry out its duties in accordance with the current legislation of the Russian Federation Federation and regulations of the Bank of Russia.
3.3. The account holder undertakes:
3.3.1. Provide all documents necessary for opening an Account in accordance with the list approved by the Bank (Appendix to this Agreement).
3.3.2. Provide to the Bank:
Information about yourself, your representatives (if any) at least once a year, as well as update information when it changes, as well as at the request of the Bank;
3.3.3. Notify the Bank in writing within 10 (Ten) calendar days after receiving statements on the amounts of funds erroneously debited or credited to the Account, as well as ensure their immediate return to the Bank.
3.3.4. Pay for the Bank's services by settlement and cash services in accordance with the terms of this Agreement and the Bank's Tariffs, as well as reimburse the Bank's postal and telegraph (telecommunication) expenses related to the execution of the Account Holder's orders.
3.3.5. Ensure that the Account has a balance of funds in an amount sufficient to pay for the Bank's services and reimburse the Bank's expenses in accordance with this Agreement.
3.3.6. Notify the Bank in writing of all changes in the information to be established by the Bank when opening the Account, including those related to the identification of the Account Holder, his representatives (if any), with the authority to manage the Account, data of identity documents, addresses of residence (registration ), place of stay, telephone (fax) numbers, with the obligatory submission to the Bank of originals or duly certified copies of documents confirming changes in the specified information, no later than 3 (Three) business days from the date of such changes. If any details of the identity document are changed, the Account Holder submits to the Bank new document identifying person. When changing the last name, first name or patronymic, the Account Holder submits a new Card to the Bank.
Failure to submit the specified information and documents by the Account Holder when changing its identification characteristics, including the last name, first name, patronymic, details of the identity document, address of residence (registration), place of stay, may serve as a basis for refusing the Account Holder to fulfill the order to perform the operation and termination by the Bank of this Agreement by virtue of the Federal Law -FZ "On Combating Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism".
3.3.7. Within 3 (Three) business days from the date of the event, inform the Bank about the termination of the duties of a guardian / trustee by the Account Holder with the provision of supporting documents.
3.3.8. When visiting the Bank, get acquainted with the information posted on the information stands of the Bank, as well as timely get acquainted with the newly installed and posted on the Bank's website at: www. acropol. ru, Bank Tariffs.
3.4. The account holder has the right to:
3.4.1. Deposit funds to the Account, provided that the total amount of funds in the Account does not exceed that provided for by the Federal Law of 01.01.2001. "On insurance of deposits of individuals in banks of the Russian Federation" the amount of compensation for deposits.
3.4.2. Dispose of the funds in the Account in the manner and within the limits established by the current legislation of the Russian Federation and this Agreement.
3.4.3. Receive account statements and certificates on the execution of orders, apply with written requests to the Bank for assistance in the search for funds that have not been received on the Account, provided that the Bank has been provided with all the information necessary for the search.
3.4.4. Submit to the Bank an application for drawing up orders on its own behalf for the implementation of a one-time and (or) periodic transfer of funds on the Account.
3.4.5. Receive cash from the Account within the balance of funds on the Account, if there is a corresponding request in the Bank.
3.4.6. Revoke the order before the transfer of funds becomes irrevocable. The revocation of the order is carried out on the basis of the revocation application submitted by the Account Owner to the Bank in hard copy, which serves as the basis for the return of the order.
3.4.7. Terminate this Agreement only with the written consent of the Beneficiary.
3.5. The beneficiary has the right:
3.5.1. Receive account statements and certificates on the execution of orders, apply with written requests to the Bank for assistance in the search for funds not received on the Account, provided that the Bank has provided all the information necessary for the search.
3.5.2. Require the Bank to provide information constituting banking secrecy.
3.6. The beneficiary undertakes:
3.6.1. Provide to the Bank:
Properly executed documents and information requested by the Bank in accordance with the current legislation of the Russian Federation and regulations of the Bank of Russia, including documents and information necessary for the Bank to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism , as well as in order to implement the principle "Know your customer";
Information about yourself at least once a year, as well as update information when it changes, as well as at the request of the Bank.
3.6.2. Notify the Bank in writing of all changes in the information to be established by the Bank when opening the Account, including those related to the identification of the Beneficiary, with the data of identity documents, addresses of residence (registration), place of stay, telephone (fax) numbers, with mandatory submission to the Bank of originals or duly certified copies of documents confirming changes in the specified information, no later than 3 (Three) business days from the date of such changes. If any details of the identity document are changed, the Beneficiary submits a new identity document to the Bank.
Failure by the Beneficiary to provide the specified information and documents when changing its identification characteristics, including the surname, first name, patronymic, details of the identity document, address of residence (registration), place of stay, may serve as a basis for refusing the Account Holder to execute the order to perform the transaction, and termination by the Bank of this Agreement by virtue of the Federal Law -FZ "On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism".
The Bank is not responsible for possible adverse consequences associated with the untimely receipt by the Bank of the above notification and the use of incorrect data.
3.6.3. In case of receiving information from the Bank about the receipt by the Bank of the Account Holder's application for termination of this Agreement, send to the Bank within 3 (Three) days from the date of receipt of the Bank's notification, your written consent or disagreement with the termination of this Agreement, as well as, in case of consent with termination, provide instructions on the actions of the Bank with the balance of funds on the Account.
3.6.4. When visiting the Bank, get acquainted with the information posted on the information stands of the Bank, as well as timely get acquainted with the newly installed and posted on the Bank's website at: www. acropol. ru, Bank Tariffs.
4. RESPONSIBILITY OF THE PARTIES
4.1. The Bank is liable in accordance with the current legislation of the Russian Federation in cases of untimely crediting of funds received by the Beneficiary to the account, or their unjustified debiting by the Bank from the Account, as well as failure to comply with the instructions of the Account Owner on transferring funds from the Account.
4.2. The Account Holder and the Beneficiary is responsible for the accuracy of the documents submitted, for the timeliness of providing information on the amendments and additions to these documents necessary for opening an Account under this Agreement and / or performing transactions on the Account.
4.3. The Bank is not responsible for the delay in the execution of operations on the Account in cases where this delay occurred not through the fault of the Bank.
4.4. The Bank shall not be held liable for violation of the deadlines and other consequences resulting from errors made by the Account Holder when processing settlement documents.
4.5. The Bank is not responsible for the accuracy and sufficiency of the information contained in the orders received from the Account Holder, as well as in the settlement documents for crediting funds in favor of the Beneficiary.
4.6. The Bank is not responsible for the actions of the territorial offices of the Bank of Russia and other supervisory authorized bodies, as well as for the actions (inaction) of other credit institutions.
Suspension of operations on the Account and refusal to perform operations in cases stipulated by the Federal Law of August 7, 2001 “On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism” is not a basis for the Bank's civil liability.
4.7. The parties are not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of the occurrence of circumstances force majeure(force majeure), which are understood as natural disasters (earthquakes, fires, floods, etc.), some circumstances public life(riots, strikes, revolutions, hostilities, epidemics, etc.), prohibitive or restrictive acts of state bodies, as well as other circumstances that do not depend on the will of the Parties. In the event of the above circumstances, the Parties are obliged to inform each other about the incident within a reasonably short period of time, but not more than 7 (Seven) calendar days from the date of occurrence of such circumstances. Failure to fulfill this obligation deprives the Party of the right to refer to the action of force majeure circumstances as exonerating from liability.
5. PROCEDURE FOR RESOLVING DISPUTES
5.1. All disputes and disagreements that may arise between the Parties in the course of fulfilling their obligations under this Agreement shall be resolved by the Parties through negotiations.
If an agreement is not reached, disputes are referred to a court of general jurisdiction in accordance with the legislation of the Russian Federation.
This clause should not be interpreted as the establishment by the Parties of a claim procedure for resolving disputes under this Agreement.
6. TERM OF VALIDITY OF THE CONTRACT, PROCEDURE OF ITS AMENDMENT AND TERMINATION
6.1. This Agreement comes into force from the date of its signing by both Parties and is valid for an indefinite period.
6.2. This Agreement may be terminated at the request of the Account Holder only with the written consent of the Beneficiary.
6.3. In the absence of funds on the Account and operations on the Account for 2 (Two) years, the Bank has the right to unilaterally refuse to execute this Agreement by notifying the Account Owner and the Beneficiary in writing. This Agreement shall be deemed terminated upon the expiration of 2 (two) months from the date of sending such a warning by the Bank, if no funds have been received on the Account during this period.
6.4. This Agreement may be terminated by the Bank unilaterally in cases established by law, with the obligatory written notification of the Account Holder and the Beneficiary. This Agreement shall be deemed terminated upon the expiration of 60 (Sixty) calendar days from the date the Bank sends the Account Owner and the Beneficiary a notice of termination of the Bank Account Agreement.
6.5. This Agreement may be terminated at the request of the Bank on the basis of a court decision in cases established by the current legislation of the Russian Federation, including paragraph 2 of Article 859 of the Civil Code of the Russian Federation, as well as subparagraph 1 of paragraph 2 of Article 450 of the Civil Code of the Russian Federation - in case of material violation by the Owner account or the Beneficiary of the terms of this Agreement.
6.6. Termination of this Agreement is the basis for closing the Account.
6.7. When the Account is closed, the balance of funds on the Account is issued to the Beneficiary or transferred to another nominal account specified by the Account Holder in the application for termination of this Agreement, within 7 (Seven) calendar days after receiving such application from the Account Holder.
6.8. This agreement can be changed by mutual agreement of all Parties. All changes and additions to this Agreement, with the exception of the Appendices to this Agreement, are valid if they are made in writing and signed authorized representatives both sides.
7. FINAL PROVISIONS
7.1. In all other respects that are not expressly provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
7.2. This Agreement is made in 2 (Two) copies of equal legal force, one copy for each Party.
7.3. By signing this Agreement, the Account Holder and the Beneficiary confirm that they are familiar with the Bank's Tariffs, including the services provided for by them, the size of the Bank's commission, the procedure and terms for charging the commission, in effect on the date of signing this Agreement and with the Bank's right to change the Tariffs unilaterally in accordance with the terms of this Agreement. Copies of the Bank's Tariffs have been received by the Account Holder and the Beneficiary. The Bank is not responsible for the untimely familiarization of the Account Holder or the Beneficiary with the newly installed and posted on the Bank's information stands and / or on the Bank's website at www. acropol. ru, Bank Tariffs.
7.4. The list of documents of the Bank (Appendix) is attached to this Agreement and is an integral part of it.
8. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Application
to the nominal account agreement
(with natural person- guardian / custodian)
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documents required to open a nominal account
natural person - guardian / trustee
Application for opening an account (in the form of the Bank) |
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Nominal account agreement in duplicate (in the form of the Bank) |
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Individual's questionnaire (in the form of the Bank) |
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Information about the Beneficiary in the amount of information about the beneficiary (in the form of the Bank) |
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Identity document of an individual (account holder), his representative, Beneficiary |
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Card with samples of signatures and seal imprints (Card) certified by a notary or an authorized employee of the Bank, unless:
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Power of attorney for a representative of an individual (account holder) |
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Certificate of registration in tax authority(in the presence of) |
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A document confirming the fulfillment by an individual (account holder) of the duties of a guardian / trustee |
This list of documents is not exhaustive and the Bank has the right to request other documents and information in accordance with the legislation on legalization (laundering) of proceeds from crime and financing of terrorism, including documents confirming the accuracy of information about the account holder, his representatives, and the Beneficiary ...
Documents are submitted to the Bank in the form:
Copies certified by a notary or authorized government agency(registering, tax, etc.);
Original documents (for the production and certification by the Bank of copies of the originals of the documents submitted by the Account Holder).