1.3 Procedure for entering into a bank account agreement

According to the general rules on the form of transactions, the bank account agreement should be in simple writing (clause 1 of article 161 of the Civil Code). Failure to comply with the written form of the bank account agreement, since the law is not established otherwise, does not entail its invalidity, therefore, in this case, the consequences provided for by Art. 162 Civil Code. However, the analysis of Art. 846 and art. 847 Civil Code, as well as Special Norms banking legislation It gives reason to believe that the bank account agreement cannot exist orally.

According to paragraph 1 of Art. 846 Civil Code When concluding a bank account agreement, the client or the person specified to them opened an account in the bank on the conditions agreed by the Parties. The procedure for opening an account in the bank is determined by banking rules. To design the opening of settlement, current and budget accounts to the bank, an application for opening an account is specifically installed formwhich is subscribed by the head and chief accountant account holder, and other documents (a document on state registration, copies of constituent documents, a card specially installed form with sample signatures and printing, etc.). The account opens at the permits of its opening on the application of the Client, which was affiliated by the Executive Authority of the Bank (director, president, etc.).

The legal meaning of the Customer's application for opening an account and permitting inscriptions about its opening varies depending on the method of concluding a bank account agreement. In the case when the parties sign a single document, the client's application for opening an account and the permitting inscription on its opening should be considered as actions of its participants on the execution of mutual responsibilities arising from the contract already concluded. According to the current B. banking system Practice Bank and Customer enter into a bank account agreement by drawing up a single document subscribed by both parties.

If a bank account agreement lies through the document exchange, then such an application with the application of the relevant documents is an offer, i.e. A proposal to conclude a bank account agreement, and permits for opening an account, ancaded by the Executive Body of the Bank, is an agreement on the proposal to conclude a contract (acceptance). At the same time, such a situation is currently found extremely rarely (almost only when opening some currency accounts).

The rights and obligations of the Parties under the bank account agreement arise regardless of whether the client has been made cash to an open account. Another position can be determined by law (deposit accounts under Art. 834 of the Civil Code or Agreement of the Parties.

In accordance with paragraph 2 of Art. 846 Civil Code Bank is obliged to conclude a bank account agreement with the client who applied to the proposal to open an account on the bank declared to open the accounts of this type of conditions that meet the requirements provided for by law and established in accordance with the banking rules. He is not entitled to refuse to open an account, the commission of relevant operations on which is provided for by law, constituent documents of the Bank and issued by the permit (license), except when such a refusal is caused by the absence of the Bank the ability to take on banking services or allowed by law or other legal acts. With unfounded bank evasion, the client has the right to present the requirements provided for by paragraph 4 of Article to enter into a bank account agreement. 445 Civil Code.

So, the bank account agreement is a written deal, in accordance with the terms of which the Bank undertakes to accept and enroll in an account, an open client (the owner of this account), funds, carry out the order of the Client about the transfer and issuance of appropriate amounts from the account and conducting other operations on account (Art. 845 of the Civil Code of the Russian Federation). The conclusion of the contract is the basis for opening an account to the Client. Opening an account - actual actioncommitted in pursuance of a bank account agreement. The bank account agreement is terminated at the request of the Client at any time. At the request of the Bank, the bank account agreement may be terminated by the court in cases provided by law. It generates rights and obligations for each part of the legal relationship. Accordingly, the basis of the obligation of one party is the fulfillment of the other party to the legal relationship of its counter-commitments under the contract. Thus, the bank account agreement is a casual transaction.

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The banking contract is a document confirming the cooperation of the banking institution with the client, describing the conditions for providing it to those or other banking products. The contract is, in fact, a public offer, the proposal to become a bank client. The client, signing the contract, agrees with all its conditions, becoming a client. The bank account agreement implies the duty of the Bank to keep the money of the client and enlist the amounts of funds that come to the account. The client has the right to give written orders regarding actions with a score, to give a power of attorney to its representative for disposal money on the account.

The bank account agreement of an individual entrepreneur provides enrollment on the score, both rubles and currency assets. To open an account, IP is obliged to submit a bank employee the following documents:

Certificate issued by the Federal Tax Service under state registration, its copy (assigned to the notary or in the jar itself);

Extract from Jerip;

Passport, other document that serves as a confirmation of the person and its copy, certified in the bank or in the notary;

Notice of registration in the Federal Tax Service of the person who is IP;

Inn entrepreneur.

A business entity should also submit documents to the Bank that guarantee its solvency. This requirement is subject to an entrepreneur if it draws out the opening of an account for commercial use. Information about the financial position of the IP may be specified in accounting reports for the past calendar year tax Declaration, audit conclusion on the annual accounting Reportwhere the accuracy and adequacy of accounting reports are confirmed, certificate from the FNS on timely and full transfer of tax payments. Some banking facilities may require submitting documents confirming the lack of court cases on the IP on recognition by bankrupt or the procedure for the closing of PI due to its failure.

An individual entrepreneur bank account agreement provides for submission of an application installed by the Bank Sample and filling in a special questionnaire. Further, the agreement itself is filled with a cash maintenance service of the entrepreneur. In the type text of the contract, the procedure of enrollment and removal of cash cards is negotiated from the account, the removal limit (if it is established by the Bank), the ability to dispose of an entrepreneur's trusted person, the account closing procedure, accrual interest on the balance of the amount and so on.

The agreement of the bank account of an individual entrepreneur also provides for the compilation of a card with a model of a signature of a businessman and, if he has a press, its retire. After opening a bank service account, a business entity presents a certificate with the account number and bank details to the FNS authority, which registered an individual in the status of an individual entrepreneur. This must be done within a week from the date of opening the account.

Almost everyone large banks We provide your clients with web banking services that allow you to track cash flow through accounts, make payments directly from a home or working computer. This service becomes available after registering on the official website of the bank, in which IP opened a service account. To do this, you need to know the card account or card number if IP issued plastic card To enroll funds. Some banks for entering the client's web banking require confirmation of his personality and issue a password for use. personal Account Only in the bank's separation or in the main office.

When choosing a bank for registration of an AP service contract, it must be guided by its reputation and the limitation of work in the market banking services. Also an important point There is the participation of the Bank in the system of insurance of customer deposits in case of the occurrence of its non-payments or recognition of a bank bankrupt. This will give some guarantees of the PI for the safety and possibility of returning its funds in bank accounts.

The credit institution, attracting temporarily free cash in deposits, accumulates significant attracted capital. In order to place cash, one of the most important passive banking operations - Opening and maintenance of a bank account.

Bank account – cash mediation form, accepted by the Bank In deposits.

Under the bank account agreement the bank undertakes To accept and enroll incoming to the account, an open client (account holder), cash, carry out the order of the Client about the listing and issuing relevant amounts from the account and conduct other account operations.

Bank can use Cash existing on account, guaranteeing the client's right to unhindered to dispose of these means. The bank is not entitled to identify and control the use of customer's funds and establish other bank accounts not provided by law or a bank account restriction of its right to dispose of cash at its discretion.

Bank account agreement is in simple writing (paragraph 1 of Art. 161 of the Civil Code of the Russian Federation). As a rule, the bank and the client conclude unified contract bank deposit and bank account. Bank legislation and banking activities allows for the possibility of concluding a bank account agreement by offer (submission of applications and other documents for opening a bank account) and acceptance (permits of the Bank's head).

Bank account agreement is consensual, bilateral obliging, compensated. By general ruleThe bank account agreement is indefinite, although the parties shall be entitled to specify the validity of this agreement.

Parties to the contract are:

- bank as a credit organization, the right to maintain bank accounts of which was recorded in licenses for banking operations;

- client, which is the legal entity, an individual entrepreneur, an individual.

When opening a bank account, the client provides a package of documents required credit organization For account operations. The basis for opening an account serves as a statement signed by the Client - an individual, or the head and chief accountant of the client - legal entity.

Legal entities and IP provide a credit organization:

Certificate of state registration;

An extract from one state registry legal entities or a single state registry individual entrepreneurs;

Notarized copies of constituent documents;

Certificate of registration in tax authority;

Card with sample signatures and print printing;

Documents (protocols general meetings, decisions of the founder, orders for the appointment), confirming the powers of those authorized to manage funds in the account (as a rule, the Director General and the Chief Accountant of the legal entity).

Documents collected by the account owner are basis of banking The client, which is conducted by a credit institution. Separately, in specialized card files, cards containing samples of signatures and print printing are stored.

By entering into a bank account agreement, a credit institution and the client makes a number of rights and obligations that make up the content of the contract. The owner of the account, as in the bank deposit agreement, is an economically weak party, so when concluding the contract, the main responsibilities are assigned to a credit institution. The client is obliged to comply with the procedure for opening and maintaining a bank account, the requirements of the law, banking rules regarding the procedure for conducting non-cash settlements and registration of settlement documents; And also to ensure timely payment of the Bank's services for the performance of transactions with money on the account (in the cases provided for by the Treaty). The client is not limited in choosing the form of non-cash settlements that most relevant interests; Neither in the number of bank accounts (settlement, deposit and other), open in any currency.

The Bank has the right to exercise crediting a bank account of the Client (Art. 853 of the Civil Code of the Russian Federation).

The Bank undertakes to accept the Customer's money to its bank account; Open and conduct a client's accounts (enrollment on the Bank's bank account of the Customer and Cancellation of funds from the account on the basis of the Client's order); In a timely manner and correctly, on behalf of the client, settlement and commissioning operations, while respecting the requirements for the procedure and timing of payments established by law, the contract, banking rules and customs of the business turnover. It should be noted that in the implementation of such operations, the enrollment and write-off of funds is carried out by the bank within a period not later than the operating day following the day of receipt of the relevant payment document. By calculating cash transactions, the credit institution undertakes to keep banking secrets about the account and operations on the Client's account in accordance with paragraph 1 of Art. 857 h. 2 of the Civil Code of the Russian Federation, Art. 26 FZ "On banks and banking activities".

Refuse to client In the opening of the bank account, the Bank is not entitled, unless the cause of refusal is the impossibility of accepting the Customer's money or the refusal is allowed by the current regulatory acts.

One of the essential conditions of the bank account agreement is to pay the client interest for the use of the bank in cash on the account. As a general rule, the amount of interest is credited to the account within the time provided by the Treaty.

Under the bank account agreement may be accrued:

- accumulated interestaccording to passive operations of the Bank (on operations related to the attraction of cash) - interest due to payment of the Bank's customers for funds raised from them and the interest obligations taken into account on account of interest;

- paid interestby passive operations bank - interest, credited to bank customer accounts (calculated, current) paid in accordance with the established manner in cash from the Bank's cash desk, written off from a borrower's correspondent account, credited to the creditor's correspondent accounts;

- overdue obligations of the Bank for payment of interest (overdue bank debt) - interest accrued by the Bank of the Borrower on the funds raised in favor of legal entities, including banks, but not paid for the occurrence of the appropriate agreement established by the appropriate agreement on the occurrence of obligations provided for by the contract.

Accrual of interest can be carried out by one of four ways in accordance with the terms of the contract: according to the formulas of simple or complex interest; using fixed or floating interest rate. If the contract does not specify the method of interest accrual, then the accrual is carried out by the formula simple percent using a fixed interest rate. In the calculation of interest accrual, the amount of interest rate (in percent of the annual) and the actual number of calendar days, which is attracted by cash is attracted. Accounting operations to attribute the amount of accrued interest is carried out by Kassov (attributable by the Bank of the Borrower accrued on the percentage attracted funds for the implementation of the relevant accounting postings is made on the date of their payment) by the method or method of "accruals" (all interest accrued in the current month Lastly the last working day of the current month refers to the expenses of the bank).

When closing bank accounts of clients of banks, interest on funds attracted funds are accrued to the date of actual closure or transfer of the account inclusive; residue by bank account At the same time, amounts to the amount of cash balances that are available on the account, and interest enrolled in the account during its closure.

Credit organisation is responsible In case of untimely or incomplete enrollment (write-off) to the client's account not only received cash, but also accrued interest.

Closing a bank account is carried out on termination of the bank account agreement. According to the owner The accounts should be closed by a credit institution at any time. At the initiative of the bank A bank account agreement can be terminated in judicial order In the following cases:

· If the amount of funds stored in the Client's account will be lower minimum sizeprovided for by banking rules or contract, and will not be restored within a month from the date of the Bank's prevention about this;

· Either in the absence of operations on this account during the calendar year, unless otherwise provided by the terms of the contract.

When closing a bank account, the cash balance on the account is returned to the client either listed on another account in the same or other credit institution as directed by the client. Cash translation must be implemented no later than seven working days After receiving the appropriate written application of the client; unpaid settlement documents that are in the card file unpaid in the period of settlement documents (Card file number 2) are returned to the recovers; The client pays interest accrued on the day closing day.

The bank account agreement in practice is issued, as a rule, in two ways: by drawing up and signing a contract in the form of a single document; Without such a document. The absence of a bank account agreement in the form of a single document signed by the parties does not mean the absence of contractual relations. The application for opening an account with the client is an offer, and the permits of the Bank's head by acceptance. Such a disposal can be given both in the form of a separate document and on the application of the client about opening an account. In paragraph 1 of Art. The 846 of the Civil Code of the Russian Federation states that the account can be opened not only to the client, but also the person specified. This means that the bank account agreement is permissible to conclude both in favor of the client and in favor of a third party (Article 430 of the Civil Code). In paragraph 2 of this article, it is a rule of duty of the Bank to conclude a bank account agreement at the request of the Client, with the exception of cases provided for by law or established in accordance with the banking rules.

The legislation has norms providing for the Bank's responsibility to refuse to the Client in conclusion of the contract in certain cases. Under the bank account agreement, the Bank undertakes to accept and enroll incoming accounts, an open client (account holder); cash, carry out customer orders for the listing and issuing appropriate amounts from the account and conduct other operations on account. The bank can use cash on the score, guaranteeing the client's right to unhindered to these means.

Registration of a bank account agreement is carried out by drawing up and signing the contract in the form of a single document. Instructions of the Central Bank of the Russian Federation identified. That in order to open the calculated, current or budget accounts, the following documents should be submitted to the bank: an application for opening an account, a copy of the decision to create an organization or a memorandum, a card of sample signatures and printing. In addition to this, documents are submitted to the bank: about registration in the tax authority, registration as a payer of insurance premiums for compulsory medical insurance.

If the entrepreneur operates without the formation of a legal entity, the estimated and other accounts are opened in his name. The score can also be opened in favor of a third party. The right to dispose of the account of a legal or individual can be presented on the basis of power of attorney.

The owner of the account and his lender is entitled to include in the contract a condition that gives the right to the disappointing write-off amount due to it. At the same time, the payer is obliged to inform the bank in writing about this condition and on its consent to such a write-off.

In the contract settlement and cash services There is a responsibility of both parties for failure to fulfill obligations. For example, the Bank is responsible for late or incorrect disabling funds from the client's account or enrollment by the bank of the amounts due to the Client.

The Client is responsible for the accuracy of the documents submitted to open an account and conduct operations on it; For late provision cash projection for the upcoming quarter; For violation of the terms of payment for services provided by the Bank; For non-receipt of cash booked by the bank for him on the day specified in the application, etc.

The contract is recorded in the size of fines for each of the listed violations both from one and on the other hand. The contract provides for the procedure for resolving disputes, its validity and special or additional conditions.

2.1.1. The bank account agreement must be concluded in writing. The shape of the bank account agreement for each type of account is approved by the authorized body of the bank. The conclusion of a bank account agreement and the opening of the account is carried out in the individual with an individual certifying the identity.

2.1.2. The opening of the account is carried out on the basis of a bank account agreement (issued in two copies, with the exception of the case specified in Section 3 of this Regulation), unless otherwise established by the legislation of the Republic of Belarus and local regulatory legal acts of the Bank. Unless otherwise installed on a specific view of the account, the maintenance of a personal account (conclusion of a bank account agreement) in more than one currency is not allowed.

The bank account agreement is signed by the account owner (representative of the account holder), and on the bank of the bank - an authorized employee and is assigned the stamp of the Bank's divisions. One copy of the bank account agreement is issued to the account holder (representative of the account holder), and the other - remains at the bank on storage in accordance with the Bank's accounting procedure operating in the Bank's division.

Upon loss of its copy of the bank account agreement, the account owner has the right to demand the issue of issuing a certified light copy of the bank account agreement. The design and issuance of a light copy of the bank account agreement are made on a written statement of the account holder (representative of the account holder - if there are documents confirming the relevant authority) on the notice of f. 0503150005 In the bank's division at the place of storage of the banking copy of the specified contract. The application is issued in an arbitrary form, but with the obligatory indication of the room and the date of registration of the bank account agreement, the number of the Bank's division, where it was drawn up. The application is made to the head of the bank's division (persons replacing it), which imposes a resolution on the statement: "I resolve the issue of a copy", the signature indicates the position, surnames, initials, dates. The responsible performer is preparing a light copy and at the bottom of each of her sheets records the record: "The light copy corresponds to the original copy of the bank account No. _______ from _______, stored in the Bank No. ___ / ____, stored in the Bank's division. Puts the bank of the Bank's division.

The application is stored together with the banking copy of the bank account agreement.

If the bank account agreement on behalf of the account holder is a representative on the basis of a power of attorney to perform this operation, the details of the account owner in such a contract are complemented by the corresponding text (an example of the supplement is in italic in annex 3).

The signing of a bank account agreement on behalf of both sides by one person (responsible performer) is prohibited. In such cases, in the bank's divisions with one employee, where this employee acts as the owner of the account, the bank account agreement must be signed on behalf of the Bank by another authorized employee of the Bank's institution.