Bank deposit agreement. Bank deposit agreement for individuals. Highlights. When you cannot enter into a deposit agreement

Many of us have experienced periods in our lives when we found ourselves with a free amount of money “under our pillow.” And so that inflation would not devalue them, we opened a deposit (deposit deposit or bank deposit) in one bank or another, most of them in Sberbank, at good interest rates and were glad that we had deceived inflation.

The bank employee asked us to sign deposit agreement and we signed it lightly without looking, without really reading it into it. At the same time terms of the deposit agreement Different banks have different rules and when opening a deposit it is better to familiarize yourself with them in more detail in order to avoid unpleasant situations in the future.

Deposit agreement is a serious financial document, not because it is a banking document, but because it will manage your finances, which you entrust to the bank. This includes the interest rate on the deposit, and various types of commissions and penalties in case of non-compliance with the terms of the agreement. Therefore, the deposit agreement requires careful study, even if it is printed in small beaded font.

On the bank's website, in the documents section, samples of bank deposit agreements (options), including deposits, are usually posted, which you can familiarize yourself with in advance in a relaxed atmosphere by downloading them to your computer. This allows you to select the deposit agreement you need in advance, so that when concluding a deposit agreement at the bank you do not waste extra time.

Do not hesitate to ask any questions you are interested in regarding certain clauses of the deposit agreement. In serious banks, employees value their reputation and are interested in providing the client with truthful information without hiding details.

The interest rate on a deposit is usually indicated annually, but there are also options: 90 days, quarter, month, etc. By default, a year is equal to 360 days, unless otherwise specified. Weekends or February 29th may or may not be taken into account. As you can see, different banks have different tastes and appetites. Therefore, you need to keep your ears open and keep track of everything.

Particular attention should be paid to the clause of the deposit agreement “interest capitalization”. Capitalization of interest means adding interest to the body of the deposit. The more often this is done, the higher your income will be. In practice, banks use this feature of the agreement with different frequency: daily, every ten days, monthly, quarterly or annually. The conditions for capitalization of interest are usually specified in a separate clause and may contain points that affect the amount of final income. Take your time when signing the deposit agreement.

There are also additional conditions of the deposit agreement, namely additional contributions and partial withdrawals. Here you need to pay attention to the “minimum balance” of funds on the deposit. The contract also specifies the minimum and maximum amounts of additional contributions, if you violate them you may lose part of your income from the deposit.

And if you submit an application and open a deposit through a mobile bank or online bank, then you may be given additional interest on the deposit in the form of a bonus, since opening a deposit is carried out with minimal costs for the bank without the participation of its employees.

Deposit agreement.

I have several deposits in reliable banks. Thanks to them, I am an independent person, capable at any moment of asking my greedy employer a rhetorical question: “Wouldn’t you go..?!” Why don't you start living like me?

This is how the hero of one Hollywood film “taught how to live” his friend, an avid casino gambler.

But the bank depositor is right, many thought while watching the film. - A fairly large sum of money placed on deposit often brings a person more income than what he receives at work for his daily work.

Of course, a deposit is not the most effective investment instrument, but it is one of the most reliable, since citizens’ deposits are provided with insurance (Article 840 of the Civil Code).

A bank deposit agreement and a deposit are defined by law as equivalent concepts - synonyms (Article 834 of the Civil Code). The parties to the agreement are the bank that has the license (right) to attract funds on deposit, and the depositor (individual or legal entity).

By virtue of a bank deposit agreement, a bank that has accepted a sum of money (deposit) from a depositor or received for him from a third party undertakes to return the deposit amount and pay interest on it on the terms and in the manner prescribed by the agreement (Article 834, clause 1 GK).

Deposit (depositum) in Latin means a thing given for storage, or luggage, which was the name of a storage agreement in pre-revolutionary Russia. Initially, the relationship between the nascent banks and their clients was built on the terms of a custody agreement.

Over time, banks acquired another function - issuing money at interest - lending. Banks satisfied the need for credit resources by attracting funds from depositors, paying them interest for granting the right to manage their money.

As a result of the new banking function, the position of the depositor in the money storage agreement acquired the features of a lender party.

If in the first obligation the depositary was a debtor of the bank for the provision of services for storing property - money, then in the second - a creditor who has the right to demand from the bank the return of not only the amount of money transferred to him for storage, but also the payment of interest for the opportunity to lend to his clients.

The use by the legislator of the term “deposit”, which literally means storage, to define a bank deposit agreement, as well as the similarity of this agreement with a loan agreement, gave rise to numerous scientific discussions about the place of the bank deposit agreement in the system of civil law contracts. The essence of these disputes essentially boils down to questions about the possibility of additional application of the norms of the code on borrowing and storage to deposit relations. Proponents of applying storage standards to deposits argue their position by saying that the inclusion of the term “deposit” in an article of the code as a synonym for a bank deposit agreement cannot be explained only as a tribute to tradition, since the law “On Banks and Banking Activities” contains an indication of the bank’s obligation to store investor's money.

In the deposit legal relationship, the most important questions for the depositor are the return of the bank’s deposit and accrued interest, so he is unlikely to express a desire to take part in the mentioned discussion.

Meanwhile, the depositor will undoubtedly be able to benefit from knowledge of the law that regulates bank deposits.

A bank deposit is subject to separate legal regulation in Chapter ), the norms of the Code on storage and lending do not apply to it.

Like a loan agreement, a bank deposit agreement belongs to the so-called real contracts, i.e. begins to operate from the moment the depositor transfers the deposit amount to the bank.

The form of a bank deposit agreement differs significantly from the form of a loan agreement. If only a receipt from the borrower is sufficient to conclude a loan agreement, then the bank deposit agreement is recognized as concluded not only if it is in writing, but also if compliance with this form is certified by a savings book, savings or certificate of deposit.

At the same time, confirmation of the fact of concluding a bank deposit agreement, in accordance with paragraph two of paragraph 1 of Article 836 of the Civil Code of the Russian Federation, is also permitted by other documents drawn up in accordance with business customs used in banking practice.

Let's say frankly that the content of this paragraph often confuses the ordinary citizen - investor. Try asking a bank employee a question about documents drawn up in accordance with business customs, or demand evidence that the document issued to you to confirm the conclusion of an agreement refers to documents used in banking practice. At best, they will send you to the bank's central office, but most likely they will show you the door.

The fact is that a deposit is not only an agreement, the conclusion of which the bank does not have the right to refuse to a citizen depositor, but also which the depositor can conclude only on the bank’s terms. These conditions also include documents confirming the conclusion of the contract. In short, when concluding a deposit agreement, the bank’s rule applies: “Either we enter into an agreement on my terms, or we do not enter into one at all.”

If the bank certifies the conclusion of the agreement with a savings book, savings or certificate of deposit, then doubts about the proper certification of the conclusion of the agreement will not arise, since these documents are directly listed in the law.

Meanwhile, out of more than 500 banks existing today in the Russian Federation, the author knows of only two that certify the conclusion of deposit agreements with the mentioned documents. Many banks issue cash receipts to depositors as evidence of the conclusion of an agreement. But there are also those who use other documents, which, in their opinion, correspond to the documents certifying the conclusion of the contract.

In this regard, an indicative case is given in the Resolution of the Constitutional Court of the Russian Federation (hereinafter referred to as the Constitutional Court) dated October 27, 2015 No. 28 - P.

Several citizens entered into bank deposit agreements with the bank branch, which contained an indication that the documents certifying the conclusion of the agreements were the agreements themselves, which also contained an indication that the bank branch accepted money for deposits from citizens.

Neither savings books, nor certificates of deposit, nor any other documents certifying the acceptance of deposits were issued to depositors.

Meanwhile, the bank rejected the depositors' demands for the issuance of deposits some time later, citing the fact that the money for crediting them to the deposits was not received from them at the bank's cash desk.

in a person acting on the basis, hereinafter referred to as " Bank", on the one hand, and the citizen, passport (series, number, issued), living at the address, hereinafter referred to as " Investor", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. Subject of the agreement

1.1. The depositor transfers rubles to the bank on the day of concluding this agreement.

1.2. The placement period is not set (or it is set to months from the date of conclusion of the contract, or from the day following the day of conclusion of the contract).

1.3. The deposit is opened on the basis of the established form, passport and payment of the entire deposit amount.

1.4. Interest on the deposit is accrued in foreign currency only for the period of placement, based on % per annum.

1.5. Payment on the deposit is made (options: at the end of the deposit, quarterly, monthly, when extending the deposit for the past period).

1.6. In case of early return of the deposit, interest (options: not accrued; interest remains unchanged; interest is paid on an annual basis).

1.7. The interest rate may be changed in accordance with decisions adopted by the Central Bank of the Russian Federation and other authorized government bodies regulating interest rates on deposits of citizens.

In this case, the interest rate is changed by the Bank from the date of its introduction unilaterally without re-issuing the agreement.

1.8. The deposit and interest on it are issued to the Depositor only upon presentation of the agreement (original) and passport.

2. Responsibilities of the bank

2.1. Accept the deposit and store the Investor's funds.

2.2. Make a deposit, issue confirmation of receipt of money from the Depositor in the amount of rubles.

2.3. To carry out, within the limits of the funds on deposit, the written instructions of the Depositor regarding non-cash payments from the deposit.

2.4. Return the deposit with accrued interest upon the Depositor’s first request.

3. Rights of the depositor

3.1. Manage the deposit both personally and through your representative for notarized activities.

3.2. Receive income on a deposit in the form of interest or in another form.

3.3. Make non-cash payments.

3.4. Bequeath the entire deposit or its share with accrued interest.

4. Responsibilities of the depositor

4.1. Transfer money to the Bank in the amount of rubles up to "" year.

4.2. (option) Notify the bank about the extension of the period provided for in clause 1.2 no later than calendar days before its expiration and, within the next five days from the date of notification, draw up an addition to the agreement on its extension.

4.3. In case of early termination of the agreement, the Depositor must notify the bank in writing in advance.

5. Responsibilities of the bank

5.1. In case of untimely return of the deposit and interest accrued on it, the Bank pays the Depositor a penalty in the amount of % for each day of delay of the entire amount withheld, starting from the day following the day of expiration of the placement period.

6. Forty years of the contract

6.1. The Agreement comes into force from the date of its signing and is valid until the return of the deposit amount and interest accrued on it to the Depositor.

6.2. (option) Early return of the deposit and interest accrued on it is not allowed or is made by the Bank on the basis of a written notification to the Depositor.

6.3. Changes and additions to the contract are made by agreement of the parties and are formalized as an addendum to it.

7. Dispute resolution procedure

7.1. If any questions arise (including loss of the original agreement or passport), the Depositor must contact the Bank by phone. .

7.2. All disputes between the parties are considered in accordance with the procedure established by law.

8. DETAILS AND SIGNATURES OF THE PARTIES

Bank

• Legal address:
• Postal address:
• Phone/fax:
• INN/KPP:
• Current account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Investor

• Registration address:
• Postal address:
• Phone/fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

If you have a certain amount of money, everyone wants to save it, or even better, increase it.

In recent years, the market for proposals on where to place and how to make money on your savings has been very large. And of course, against the backdrop of relatively profitable offers, you can come across a financial pyramid and lose your savings forever.

Unfortunately, a very large number of people, despite any warnings, still continue to hope for a miracle of instant enrichment and step on the same rake over and over again.

In order to avoid this trouble and minimize possible losses, it is enough to carefully choose the financial organization with which you are going to start cooperation and read the conditions that are offered to you.

And one rule - if you decide to place funds in a deposit, and you are offered interest rates that are attractively large, and in comparison with other players in this market are clearly ahead, think about the reason for such generosity.

Selecting a deposit

If you have decided on a commercial bank and made sure that the deposits placed with it are insured, all that remains is to select the deposit you need.

With so many options available to you, it is not easy to decide which one is right for you. To do this, a bank specialist, after consulting you, will help you with your choice.

If you decide to choose a deposit in which interest is capitalized, i.e. are added to the principal amount of the deposit at certain intervals, then this condition is specified.

You can also opt for interest, which will be transferred to your account every month or at the end of the term.

Deposit agreement

The text of the bank deposit agreement is quite standard. The difference lies only in the conditions that are inherent in a particular contribution.

Date and place of compilation deposit agreement - this is standard and corresponds to the date of opening the deposit.

Parties.You are a depositor of the bank, the credit institution will indicate not only the name of the bank itself, but also the person who is the representative of this bank and has the right to sign this agreement by power of attorney.

In the subject of the agreement The amount deposited, the deposit currency, interest and the period for placing funds are written down.

Terms of the agreement. This paragraph describes in detail the conditions of the deposit you have chosen. How will the accrual occur, whether there is a prolongation of the deposit or not. Are expense transactions possible?

Or maybe you will choose a multi-currency deposit, and you will be able to convert the deposit amount into the currency you need at a convenient time, without losing interest.

In an effort to maintain savings or earn interest. How is the service of depositors by Russian financial institutions regulated? What are the specifics of concluding relevant agreements for servicing deposits between banks and their clients?

The essence of the bank deposit agreement

According to the formulations of the State Fund of the Russian Federation, a bank deposit agreement is an agreement under which one party (a financial institution), which accepts funds (deposit) from another, must return them in the original amount and subject to the payment of interest in the agreed manner.

The relevant agreements are classified into two main types. There is a bank deposit agreement “on demand”, and there is a “term” one. In the first case, interest rates are usually lower. However, their payment is almost always guaranteed regardless of the moment the investor withdraws funds from his account.

In the second case, as a rule, the agreement contains a condition that interest under the bank deposit agreement is not paid if the citizen wishes to withdraw funds before the end of the contract with the credit institution. There are a lot of specific types of deposits in Russian banking practice. We'll look at them a little later.

Legislative aspect of drawing up a deposit agreement

Russian banking law regulates the bank deposit agreement through several legislative acts. The corresponding type of agreement between a financial institution and its client, the structure of the document and its content must comply with the provisions of the 44th chapter of the Civil Code of the Russian Federation, almost always - the 45th, as well as some norms of the 854th, as well as 856-868 articles of the Civil Code and 36-39 articles of the Banking Law.

Are contributions and deposits the same thing?

The concept of a bank deposit agreement is often associated with the term “deposit”. Many citizens, as well as representatives of the financial community themselves, understand them as synonyms. Is this legal? Let us note that there is no particular error in identifying these terms. Among Russian lawyers, however, there is a widespread opinion that “deposit” is a somewhat broader concept than “contribution.” That is, the second term is, in any case, a special case of the first. However, a “deposit” can be called not only a contribution within the framework of the relevant agreement, but also an investment in securities and other assets.

Features of deposit agreements

A bank deposit agreement implies that the financial institution, at the time of signing the documents, formalizes the funds received from the citizen into ownership. At the same time, the depositor retains, as some lawyers believe, property rights to these funds, realized by contacting the bank at any time in order to claim an amount equivalent to that which was transferred in accordance with the agreement (and also, if this provided, interest above it).

Russian lawyers identify two possible options for formalizing the relationship between the bank and the client in terms of working with deposits. Firstly, a personal account can be opened in the name of the depositor, and secondly, interaction between him and the bank can be carried out through the issuance of a certain security by a financial institution.

The subject of legal relations within the framework of an agreement for servicing a deposit is non-cash funds, which are not a specific type of banknotes, but rights of claim enshrined in the relevant legislative sources, which can be personalized in terms of issuing cash amounts on a deposit or other financial transactions with them. This is the difference between a deposit agreement, for example, and agreements that involve storing assets in safe deposit boxes. In the second case, the client receives exactly those bills that he placed inside the corresponding storage.

Thus, from the point of view of the legislation of the Russian Federation, a contribution is not a sum of money, but a right of claim. Although, as some lawyers note, possession of a deposit can still be interpreted as a property right - we noted this above. The bank account accompanying the opening of a deposit, in turn, cannot generally be understood as a title of ownership, however, its essence should be interpreted as the content of the depositor’s legal claim to a specific financial institution.

The difference between a deposit and an account

Let's consider an interesting aspect - how a bank deposit agreement and an account differ. Lawyers note that both phenomena are typical for the banking sector. In many ways they are similar. In particular, in both types of agreements, a personal account is opened between the bank and the client, in which funds are recorded and within which financial transactions are carried out. At the same time, as some experts believe, there are quite a lot of differences between them. Among the key ones:

• when a deposit agreement is implied, the bank will return the amount of money to the client upon expiration of the agreement; when opening a regular account, there may be no such obligation to the financial institution;
• the agreement for opening a regular account may not indicate interest, the deposit must necessarily include appropriate payments.

Thus, the concept of a bank deposit agreement includes two key nuances. Firstly, the urgency of the agreement between the client and the financial institution, and secondly, the obligation of the second party to return the funds to their owner upon expiration of the appropriate period. These nuances determine that the agreements within which the account and the bank deposit agreement are serviced (the characteristics of the latter in a number of aspects coincide with the first) still have different sources.

At the same time, as experts note, in the practice of some Russian banks, both types of documents are often combined into one through the use of legal formulations acceptable from the point of view of regulatory legislation in their structure. That is, it is quite possible that the agreement for servicing the deposit will differ from the corresponding agreement for opening an account only in the terms of the expected return of funds by the bank. If an agreement is concluded servicing an “account” as such, then it is nevertheless formalized as a “deposit”, but only with a longer validity period - for example, 5 years.

At the same time, other terms of the agreement are formulated so that the bank client can freely carry out basic financial transactions with the “deposit” - as if it were an “account”. At the same time, for most clients of financial institutions it is completely unimportant whether an agreement is concluded that implies de jure the opening of an “account” or “deposit”. This is important, mainly for legal entities who have to pay using a bank account with counterparties. In this case, “contribution” most likely will not work.

Types of deposits

We noted above that the main types of bank deposit agreement are an agreement to place funds “on demand” in a financial institution, as well as “time” deposits. But in practice, the classification of relevant contracts is represented by a much larger number of scenarios for interaction between the depositor and the bank.

Some financial institutions offer to open accounts for their clients that have characteristics of both “time” deposits and “demand” deposits. In this case, as a rule, a schedule for the possible cashing out of funds without loss of interest is determined, the conditions for extending the agreement are negotiated and recorded in writing, etc. In some cases, the following scheme applies: the depositor has the right to cash out funds with all due interest on the day of the financial transaction, if he notifies the bank about this in advance, say, a week in advance.

Types of bank deposit agreements can be quite unusual. In the world practice of credit and financial activities, there are options for registering a deposit, in which the bank and the client, having signed an agreement, fix the condition - funds can be withdrawn and interest received only if the applicant at the time of application is married and can document this confirm.

The classification of bank deposit agreements can be carried out based on access to the corresponding depositary account of certain persons. In general, accounts can only be used by their owner. But it is possible that a bank deposit agreement implies opening access to the account, for example, also for relatives of the owner of the funds.

Capitalization of deposits

Some banks offer their clients to open a deposit subject to capitalization. What is it? This is, in fact, a marketing designation for a deposit with replenishment. That is, a person, having made a deposit, can periodically replenish it with funds, on which (as in the case of the principal amount) interest will be accrued. However, the provisions of the Civil Code of the Russian Federation do not oblige banks to always include this condition in the contract. The advisability of concluding such agreements with clients is determined by the policy of a particular financial institution.

Some lawyers draw attention to an interesting fact: the fact is that, in accordance with the provisions of Article 841 of the Civil Code of the Russian Federation, any person can replenish the deposit if he has the correct account details - of course, if the agreement between the bank and the owner of the deposit does not otherwise indicated. And if a citizen has opened a deposit with capitalization, then any other person can increase the amount of money placed on it.

Specifics of concluding contracts

How is a bank deposit agreement concluded? We will now study a sample structure of the corresponding agreement. We noted above that the only acceptable form of concluding a bank deposit agreement in Russia is written. Its signing must be accompanied by the following actions on the part of the bank:

• opening a deposit account in the name of a citizen;
• acceptance of funds from the depositor and their simultaneous crediting to the account.

At the same time, a written form of concluding an agreement on servicing a deposit by a bank in practice may be accompanied by the opening of a passbook, execution of a certificate of deposit or other document that will allow the bank to identify the client in accordance with the law.

Now let's move on to the structure of the contract.

Preamble

The bank deposit agreement form, like most other types of commercial agreements, contains a preamble. It contains the name of the bank, full name and position of its director, as well as the full name of the depositor, his passport details, and registration address. Everything is pretty standard.

Subject of the agreement

The next element that includes a bank deposit agreement is a section reflecting the subject of the agreement between the client and the financial institution.

The wording contained therein must reflect the fact that the depositor transfers to the bank such and such an amount (indicated in both figures and words) on such and such a date.

Also in the section reflecting the subject of the agreement, the period (usually in months) during which funds are placed is specified.

The next point is interest and the conditions for placing it. Among the most common formulations is “accrual only for the period of placement.”

The conditions for payments on the deposit are also reflected; this can be carried out, for example, quarterly or monthly. As a rule, in the section “Subject of the agreement” it is indicated that if a citizen applies for funds early, no interest will be accrued on the deposit (or other conditions are noted).

Another clause present in most agreements is that the interest rate can be adjusted depending on the policy of the Central Bank, as well as government authorities regulating the banking sector.

The section that reflects the subject of the agreement ends with the wording that the deposit and interest are paid to the bank client only upon presentation of an identification document.

Responsibilities of the bank

The next section, which includes the form of a bank deposit agreement, reflects the bank’s obligations to the client. In the range of possible formulations, the following are most often encountered.

It is indicated that the bank undertakes to accept funds from the depositor and store them.

One of the clauses may contain the wording that the financial institution undertakes to formalize the deposit, as well as provide the client with documentary evidence that the funds have been received in such and such an amount.

Among other possible wordings of this section - on the bank’s fulfillment of the depositor’s instructions regarding non-cash payments from the deposit - if this is provided for by the terms of the agreement.

Another common clause in the section of the agreement reflecting the obligations of the credit institution is the return of the deposit upon the first request of the client.

Depositor's rights

The next section, which contains a bank deposit agreement, a sample structure of which we are now studying, reflects the client’s rights. Among the key ones that are present in most relevant agreements are: the right to dispose of the deposit personally or by proxy, to receive income from interest, and to carry out non-cash transactions.

Responsibilities of the depositor

The next section, which is usually contained in the deposit opening agreement, reflects, in turn, the client’s responsibilities. Among the most common formulations: transfer of funds to the bank in such and such an amount, notification of the financial institution of the intention to extend the term of the deposit, in some cases - warning the bank in writing of the upcoming desire to terminate the agreement.

Duration of the contract

The parties to the bank deposit agreement also fix the validity period of the corresponding agreement. Typically, the language used here implies that the document comes into force when it is signed and remains in effect until the depositor is repaid in full and interest. Sometimes in this section it is noted that early return of the deposit and interest cannot be made at the initiative of the bank, but only upon the written request of the depositor.

Dispute Resolution

Another section, which in some cases supplements the terms of the bank deposit agreement, is on dispute resolution. As a rule, wording is indicated here reflecting the fact that such situations are resolved in the manner established by law. Sometimes the bank includes in this section a clause stating that the client can resolve any issues related to servicing the deposit by contacting the financial institution at a certain address or telephone number.

If the client is satisfied with the terms of the bank deposit agreement proposed by the bank in the appropriate wording, he can sign. Nearby there will be similar details, as well as a seal from a financial institution.