Registration and maintenance of bank accounts is priority operation financial institutions seeking to raise funds. For users, opening a bank account makes it possible to make payments at any convenient time on favorable terms.
Treaty bank account represents civil law contract, according to which the creditor assumes the obligation to accept and credit incoming money to the client account, to implement the order of the user account on the implementation of various issuance, transfer sums of money And so on.
The agreement is central agreement in the company, formalization of property relations individual entrepreneurs and legal citizens. With regard to accounts opened for individuals, then they are not so widely popular. Russian legislation considers the bank account agreement as an independent type of agreement, devoting a separate chapter to it Civil Code RF.
IN modern world the agreement in question enjoys huge popularity in non-cash payments. They are realized from the account of one client to the account of another, as well as when withdrawing the cash balance from the account. The money is in the bank account. In fact, they are not homogeneous things, but prerequisite creditor claims. These rules distinguish a bank account agreement from other documents.
The lender can take the client's money into circulation, but at the same time he gives guarantees for the unhindered and uncontrolled use of money by the bank. There may be some restrictions which are determined by law or the terms of the contract. These requirements also apply to banks when concluding a bank account agreement in accordance with the license.
By its legal nature, bank account agreement is:
- compensated, since there is a counter provision in the form of a fee;
- consensual, as it forms civil rights immediately after the parties reach an agreement (in the future, the transfer or other financial transactions are carried out to fulfill the terms of the agreement);
- bilateral, since the requirements apply to both participants.
If we consider the very concept of an account, then we can meet various meanings. On the one hand, this document accounting type , showing the status and completed operations for one person.
On the other hand, the account is considered as requirement, where it is supposed to deposit money for various services. Russian law considers the account as economic criterion, which is formed at the time of the conclusion of the bank account agreement. This document takes part in all credit and settlement operations that are carried out with a non-cash balance.
The Civil Code does not describe the requirements for the form of the form, but clause 1 of Article 161 of the Civil Code of the Russian Federation has a provision on the basis of which it is clear that the creditor's transactions with individuals and legal entities compiled in ordinary writing.
It can be composed two ways:
- Preparation single document;
- using the exchange of documents by one of the types of communication, which allows you to reliably assert that the document comes from the party under the agreement.
Most people prefer to open an account by contacting one of the branches of the bank, providing an appropriate application, which is an offer.
The conditions for the subject composition of the agreement are similar to the parties. Participants bank account agreements are:
- a creditor to whom these services were provided on the basis of an issued license obtained in the manner established in accordance with the law;
- other financial institutions accepting, on the basis of the law, deposits from legal and natural representatives;
- natural or legal clients.
Despite the fact that the bank provides all conditions for the use of money, it is not entitled to fulfill the following actions:
- determine the direction of spent client funds;
- establish other, not provided regulations or an agreement to limit his right to dispose of finances at will.
These details apply to other credit companies during the conclusion and execution of the terms of the contract by them, based on the existing license.
The formation of the contract is carried out by signing a single document, in the format of an accession agreement, on a classic bank letterhead. And also by providing the client with an application with all the documents and making an administrative inscription of the head of the bank on the application.
Contract structure describes rights and obligations and looks like this:
- The first paragraph describes what the creditor must perform operations on the account, and how much time is given for the implementation of these tasks.
- The bank must carry out instructions from users to make payments and receive Money followed by customers. It also affects the conditions for restricting the client's rights to order, as well as the conditions for the arrest and suspension of operations on the account.
- Conditions for crediting an account (overdraft), accompanied by the preparation of a checking account.
- A financial institution must respect banking secrecy in all situations. This is indicated in article 857. The item also discloses the data that is available for the bank to provide. If the bank violates these conditions, the client may claim damages.
- The lender must inform users about the status personal account and the operations carried out on it.
- The Bank is obliged to maintain banking secrecy. This obligation stems from Art. 857 of the Civil Code of the Russian Federation and Art. 26 of the Banking Law.
- Since the creditor takes into circulation the client's funds, then, according to general rule, the bank charges interest for the use of client money on the user's balance, the amount of which is automatically redirected to the account. This is indicated in article 852 of the Civil Code of the Russian Federation. The item describes the possible obligations and rights of the account user.
- Further, the conditions for terminating the agreement between the participants and the responsibility of the bank are indicated.
Responsibilities of the bank and the client
According to the current legislation, the user or other representative, the specified client is provided with an account on the terms that are agreed between the participants.
If the user satisfies all the conditions of the creditor and wishes to sign agreements on the requirements provided by the creditor, then the company does not have the opportunity to express his refusal, except in those moments if he, due to any obligations, cannot provide banking service or other cases provided for by law.
At the moment the user disposes of his finances for issuance to third parties, in order to fulfill his obligations to them, the creditor accepts operations of such a plan only in writing with the obligatory indication of information by which it is possible to identify a person who has the opportunity to present a document, namely the withdrawal of funds from his account.
If there is no money on the client's account, but operations are still being carried out on it, then the bank considers the negative balance as a loan from the date of payment.
User responsibilities include observance of the rules of the creditor when conducting operations on the account and paying the expenses of the organization for the implementation of these operations, if this condition is expressly provided for by the bank account agreement. Then the person pays only for the services of the creditor for performing actions with his finances.
The Bank may charge a fee for the services provided on a quarterly basis, if it is provided for by the agreement. The bank has every right to demand payment, including the return of money for the loan, the payment of interest on the loan. As for the client, he can also demand payment of interest from the bank for the use of his funds. Termination of this operation is referred to as offset. The bank must notify of this in accordance with the terms of the agreement.
Creditor bears full responsibility for inappropriate or incorrect transfer of funds received by the user, as well as for their unreasonable withdrawal. Information about this is indicated in article 856 of the Civil Code of the Russian Federation. Such liability consists in paying interest in the manner and amount provided for in Article 395 of the Civil Code of the Russian Federation.
In addition, article 76 of the Tax Code of the Russian Federation states that the creditor does not have the right to completely remove from accounting statement the user's account, if there is no corresponding decision from the tax service for this, which indicates the need to suspend operations on this account.
If there is such a solution, the creditor is also obliged to fully comply with the user's requirements to terminate the agreement. The cash balance cannot be transferred until tax service will not cancel the decision to suspend operations on the account.
To close an account, the client must provide next set of papers:
- a user statement, but in practice, bank employees are involved in its preparation, and the client simply fixes his decision with a personal signature;
- a court decision on the claim of the creditor in situations where the amount of the cash balance kept on the account will be lower than the amount provided for by the rules of the banking agreement or contract (if such amount is not restored within the time provided by the bank);
- judgment on a claim financial organization if funds have not been received on the client's account for a long time, unless other conditions are provided for by the bank agreement.
The basis for closing a bank account is termination of the contract with the creditor. It can be terminated at the initiative of the client or the bank itself, both judicially and non-judicially.
Without applying to representatives of the judiciary, the bank may terminate the agreement if the client does not use the account for two years, while there is no money on the account and no operations are carried out. In this case, the bank notifies the client by sending a registered letter with notification to his address.
The treaty itself will lose its significance after two months from the date of sending the notice of closure, if during this time the client has not made any operations on the account. It should be noted that banks may include in the terms of the contract and other conditions for closing.
in a person acting on the basis of , hereinafter referred to as " Bank”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Client”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. The Subject of the Agreement
1.1. The Bank opens a current account for the Client and carries out settlement and cash services Client.
2. Opening procedure and account mode
2.1. The Client's current account with the Bank is opened on the basis of the Client's application and submission of documents confirming the establishment of the organization, a copy of the Charter (Regulations) and a card with sample signatures and a seal imprint, as well as other documents, in accordance with the Bank's Instructions.
2.2. The list of possible receipts and payments, as well as the forms of settlements and services provided by the Bank, are determined by law and internal Instructions Bank on the procedure for opening and maintaining settlement accounts.
2.3. Payments from the Client's account are made within the balance of funds on the account.
2.4. Overdraft, i.e. issuance by the Bank financial resources The client, in excess of the balance of funds on his current account, can be provided in the amount of rubles, but not earlier than one month after the conclusion of this agreement.
2.5. Free balances on the account on the basis of the Client's application can be placed on deposit with the subsequent payment of interest in favor of the Client.
2.6. At the request of the client, the Bank carries out trust transactions with the financial resources of the Client, its securities and property in accordance with the instructions of the Client.
2.7. Account statements are considered confirmed if the account holder does not submit comments within 15 calendar days from the date of receipt.
2.8. All payments from the Client's account are made in the order of calendar reporting.
3. Obligations of the bank
3.1. The Bank undertakes to ensure the safety of all foreign currency funds credited to the Client's account and to comply with the Client's instructions for their use, to charge interest on the balance of funds in the account.
3.2. The Bank undertakes to transfer funds from its correspondent account no later than days from the date of receipt of the Client's payment order.
3.3. The Bank is obliged to issue cash to the Client within days from the date of receipt of the application from the Client in the manner prescribed by applicable law.
3.4. The Bank issues statements to the Client as transactions are made on the account.
3.5. The Bank undertakes to ensure the confidentiality of information about economic activity customer and save trade secret on operations performed on the Client's account in accordance with the Instructions of the Bank of Russia and the current legislation.
4. Obligations of the Client
4.1. The Client undertakes (does not undertake) / cross out the unnecessary / keep all his foreign currency funds only on the account with the Bank.
4.2. The Client undertakes to dispose of the funds kept on the account with the Bank in accordance with the Instructions of the Bank of Russia and the law.
5. Financial relationships
5.1. Opening a current account, cash management services and others Banking services provided by the Bank are paid by the Client in accordance with the Tariffs applicable in the Bank, given in the Appendix and being integral part actual agreement.
5.2. The Bank quarterly pays to the Client interest on the balance of funds in the amount of % of the average quarterly balance on the Client's account.
5.3. If the average quarterly balance of funds on the Client's account is less than rubles, the percentage specified in clause 5.2 is reduced accordingly by %. If the average quarterly balance of funds on the account is more than rubles, the percentage specified in clause 5.2 increases accordingly by %.
5.4. If the annual turnover on the Client's account exceeds rubles, the Client is paid a bonus, respectively, in the amount of % of the annual turnover.
5.5. For granting an overdraft, the Client shall pay to the Bank % per annum of the overdraft amount.
The Bank has the right to propose to the Client to change the amount of overdraft payments once a quarter. If the Client refuses to accept the amended conditions for granting an overdraft, the Bank has the right to refuse to issue an overdraft.
5.6. When the Client fulfills the obligations to keep all his funds on the Bank's account (see clause 4.1 of this agreement), the amounts of payments to the Client in accordance with clause 5.2 increase by %.
5.7. As a guarantee of repayment of payments for the Bank's services, the Client deposits the amount of rubles, for which the Bank pays the Client an annual percentage of the amount of the deposited funds.
6. Duration of the Agreement
6.1. The contract is considered concluded from the moment of its signing by both parties and is valid for a calendar year.
6.2. In the event that none of the parties has announced the termination of the contract months before the expiration date, the contract is considered extended for the next calendar year.
6.3. The account is closed in accordance with the procedure provided for by law.
7. Liability of the parties
7.1. In case of non-fulfillment or improper fulfillment of obligations under this agreement, the guilty party shall compensate the other party for the losses incurred by it in accordance with applicable law.
7.2. The liability of the parties under this agreement may come in the form of payment of penalties specified in clause 7.3 of this agreement.
7.3. In the event that the Client fails to fulfill its obligations to keep all its funds in the Bank's account (clause 4.1 of this agreement), the Client pays the Bank a penalty in the amount of % of the amount of funds received as payment for the use of the Client's financial resources.
Option AGREEMENT for opening an account and settlement and cash services _________ "___" _______20___ _______________, hereinafter referred to as the Bank, represented by ___________, acting on the basis of the Charter, on the one hand, and _______, hereinafter referred to as the Client, represented by _____________, acting on the basis of __________, on the other hand, have concluded this Agreement as follows: 1. Subject of the agreement 1.1. The Bank opens a current account for the Client and provides settlement and cash services to the Client. 2. Opening procedure and account mode 2.1. The Client's current account with the Bank is opened on the basis of the Client's application and submission of documents confirming the establishment of the organization, a copy of the Charter (Regulations) and a card with sample signatures and a seal imprint, as well as other documents, in accordance with the Bank's Instructions. 2.2. The list of possible receipts and payments, as well as the forms of settlements and services provided by the Bank, are determined by the legislation and the Bank's internal Instructions on the procedure for opening and maintaining settlement accounts. 2.3. Payments from the Client's account are made within the balance of funds on the account. 2.4. Overdraft, i.e. the issuance by the Bank of financial resources to the Client in excess of the balance of funds on his current account, can be provided in the amount of ________, but not earlier than ______ months after the conclusion of this agreement. 2.5. Free balances on the account on the basis of the Client's application can be placed on deposit with the subsequent payment of interest in favor of the Client. 2.6. At the request of the client, the Bank carries out trust transactions with the financial resources of the Client, its securities and property in accordance with the instructions of the Client. 2.7. Account statements are considered confirmed if the account holder does not submit comments within 15 calendar days from the date of receipt of the statement. 2.8. All payments from the Client's account are made in the order of calendar reporting. 3. Obligations of the bank. 3.1. The Bank undertakes to ensure the safety of all foreign currency funds credited to the Client's account and to comply with the Client's instructions for their use, to charge interest on the balance of funds in the account. 3.2. The Bank undertakes to transfer funds from its correspondent account no later than three days from the date of receipt of the Client's payment order. 3.3. The Bank is obliged to issue cash to the Client within two days from the date of receipt of the application from the Client in accordance with the procedure established by the current legislation. 3.4. The Bank issues statements to the Client as transactions are made on the account. 3.5. The Bank undertakes to ensure the confidentiality of information about the Client's business activities and to keep commercial secrets on transactions made on the Client's account in accordance with the Instructions of the Bank of Russia and the current legislation. 4. Obligations of the Client. 4.1. The Client undertakes (does not undertake) / cross out the unnecessary / keep all his foreign currency funds only on the account with the Bank. 4.2. The Client undertakes to dispose of the funds kept on the account with the Bank in accordance with the Instructions of the Bank of Russia and the law. 5. Financial relationships 5.1. Opening a current account, settlement and cash services and other banking services provided by the Bank are paid by the Client in accordance with the Tariffs applicable in the Bank, given in the appendix and being an integral part of this agreement. 5.2. The Bank quarterly pays the Client interest on the balance of funds in the amount of ___% of the average quarterly balance on the Client's account. 5.3. If the average quarterly balance of funds on the Client's account is less than ________ thousand rubles, the percentage specified in clause 5.2 is reduced by ____%, respectively. If the average quarterly balance of funds on the account exceeds _______ thousand rubles, _____________ million rubles, the percentage specified in clause 5.2 increases accordingly by ___% 5.4. If the annual turnover on the Client's account exceeds _____ million rubles, the Client is paid a premium, respectively, in the amount of ____% of the annual turnover. 5.5. For providing an overdraft, the Client shall pay to the Bank _____% per annum of the overdraft amount. The Bank has the right to propose to the Client to change the amount of overdraft payments once a quarter. If the Client refuses to accept the amended conditions for granting an overdraft, the Bank has the right to refuse to issue an overdraft. 5.6. When the Client fulfills the obligations to keep all his funds on the Bank's account (see clause 4.1 of this agreement), the amounts of payments to the Client in accordance with clause 5.2 increase by 0.2%. 5.7. As a guarantee of repayment of payments for the Bank's services, the Client deposits the amount of _____ thousand rubles for which the Bank pays the Client ____% per annum of the amount of the deposited funds. 6. Duration of the Agreement. 6.1. The contract is considered concluded from the moment of its signing by both parties and is valid for one calendar year. 6.2. If none of the parties has announced the termination of the contract 3 months before the expiration date, the contract is considered extended for the next calendar year. 6.3. The account is closed in accordance with the procedure provided for by law. 7. Liability of the parties 7.1. In case of non-fulfillment or improper fulfillment of obligations under this agreement, the guilty party shall compensate the other party for the losses incurred by it in accordance with applicable law. 7.2. The liability of the parties under this agreement may come in the form of payment of penalties specified in clause 7.3 of this agreement. 7.3. If the Client fails to fulfill its obligations to keep all its funds in the Bank's account (see clause 4.1 of this agreement), the Client pays the Bank a penalty in the amount of 120% of the amount of funds received as payment for the use of the Client's financial resources. 7.4. The Bank's liability does not arise if transactions under the current currency account The client is delayed due to the fault of the Bank of Russia. 7.5. Other conditions at the discretion of the parties _______________ 8. Legal addresses of the parties 8.1. Client:_____________________ 8.2. Bank:________________________ Head Head ________________ ________________ Chief Accountant Chief Accountant ________________ ________________ M.P.
