The mechanism of banking support of contracts. Banking support of contracts

In certain contracts entered into on behalf of Russian Federation(subject of the Russian Federation or municipality), a condition on banking support of the contract may be included. According to the Federal Law of April 5, 2013 No. No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the provision of this service in relation to the customer in without fail provided for government contracts, the subject of which is the supply of goods / performance of construction and installation works / provision of services for federal and municipal needs, as well as the needs of a constituent entity of the Russian Federation.

What is contract banking support

This concept means that the bank checks the calculations performed and brings to the attention of the customer the results of the monitoring carried out within the framework of the service agreement concluded with the bank. For monitoring, the contractor (supplier) opens a separate current account, and the bank informs the customer on a monthly basis about the movement Money on this account.

The procedure for conducting banking support is regulated by Decree of the Government of the Russian Federation of September 20, 2014 No. 963 “On the implementation of banking support for contracts”, which specifies the Rules for the provision of this service.

Types of banking support

Simple banking support

With simple banking support, the bank monitors the settlements made by the supplier on a separately opened current account. The statement in the form of a cash flow statement is submitted by the bank no later than the 15th day of the month following the reporting month. Services provided by the bank as part of simple banking support are provided free of charge and are performed by bank employees independently.

Extended banking support

Extended banking support for a contract under 44-FZ includes additional verification of the data specified in payment orders for compliance with the actual work performed, goods delivered or services rendered. Reconciliation is subject to work and goods in the amount of at least 75% of the value of the contract for the provision of these services. According to paragraph 4 of the Rules, the amount of payment for the implementation of extended support is calculated depending on the price of the contract. In this case, the payment cannot exceed:

1.09% of the contract price with a total value of 5 to 10 billion rubles;

1.05% of the contract price with a total value of 10 to 15 billion rubles;

1% of the price of a contract worth more than 15 billion rubles.

SEVERIN DEVELOPMENT acts as a construction consultant (surveyor) and provides extended banking services for banks. The company has the staff and resources to deep analysis payments for compliance with the objectives of the project, the actual terms of implementation, market and other important conditions of the concluded contracts and commitments by them.

The procedure for the implementation of extended banking support of the contract

The procedure for the implementation of extended banking support for contracts is established in the contract and regulated by Decree of the Government of the Russian Federation of September 20, 2014 No. 963 “On the implementation of banking support for contracts”.

The main purpose of extended banking support is to confirm intended use the requested funds and their compliance with the approved project documents.

To confirm the planned use of funds, the SEVERIN DEVELOPMENT consultant requests the following set of documentation:

contracts under which payment will be made;

basis for payment (consignment note confirming the acceptance and transfer of goods or documentation from the contractor to the customer; invoice; certificate of completion or acceptance certificate of delivery of services);

an invoice for payment;

project documentation;

executive documentation (if necessary);

Deadline for verifying the intended purpose of payments

Depending on the stage of implementation of the investment project (contract), the implementation scheme and the number of participants (counterparties), the period for checking and agreeing on the payment register can be from 1 to 5 days. If visual confirmation is necessary, this period is extended accordingly for the duration of a business trip to the facility.

Extended banking support somewhat reduces the efficiency of the borrower ( general contractor). However, additional control by the bank and the construction consultant allows the project to be implemented with minimal deviation from the approved budget.

You need to control money investment flows? Find out how contract banking works.

Today, effective control over spending budget funds becomes especially relevant. The slogan of the moment: "All state investments - under control!". Therefore, banking support for state contracts at the federal, regional and municipal levels is becoming a new trend.

In 2014, Decree of the Government of the Russian Federation No. 963 1 was signed, which established the cases of including a condition on banking support in government contracts to meet federal needs 2 , as well as recommendations for constituent entities of the Russian Federation and municipalities on including such a condition in the contracts they conclude, however, this service is not yet known and understood by everyone.

The essence of the service is as follows: a bank that has concluded an agreement on banking support of the contract with the executor of the state contract ensures the opening of separate accounts for all participants in the execution of the contract, monitoring of settlements, control of targeted spending of funds, and provision of reports to the state customer. As a result, the state customer promptly receives information on the progress of calculations for the project being implemented and has the opportunity to accept management decisions.
Banking support give a chance:

Direct investments exactly to the object for which the funds are provided, and exclude payments for other purposes
Increase the efficiency and efficiency of management
Reveal the use of intermediary schemes in cooperation
Exclude the participation of one-day firms in the project

Banking support can be carried out in the form of monitoring of settlements or in the form of extended banking support, in which the bank additionally checks payment documents for compliance with the documents confirming the basis for payment and the content of the contract, and sends analytical consolidated reports on the results of banking expertise to the customer.

From nuclear power plants to kindergartens

Banking support government contracts, as a pilot project, appeared in Sberbank back in 2009 in pursuance of the government's order to ensure the completion of the construction of individual facilities of federal significance 3 . Then the principles and approaches to the provision of services were developed, new IT solutions were implemented that were tested in "combat conditions".

Today, Sberbank provides banking support for contracts not only as part of the implementation of large infrastructure projects. This may be a project for the improvement of the area, the construction of a road junction, the construction of a kindergarten, and even street cleaning. The scale of the project is not important: the service can be suitable for government customers of all levels and has an attractive cost.

For many government customers, Sberbank has already become a reliable partner in this area and provides support for several investment projects.

Whom to entrust support

The criteria for choosing a bank are listed in Decree of the Government of the Russian Federation No. 963, but, as practice shows, experience is often an additional important criterion. The lack of expertise can lead to delays in payments, which, in turn, can lead to missed deadlines, and even the suspension of the entire project.

Today, the volume of Sberbank's contracts for banking support 4 already exceeds 700 billion rubles. Based on the accumulated experience, one of the largest banks in the country can offer various options banking support of contracts:

It is possible to integrate into the project at any stage and in any state - even if you have a conflict object (for example, a long-term construction) with numerous shortcomings;
Regardless of the scope of the contract and the location of the participants in its execution, Sberbank is able to provide banking support on the terms agreed with the customer;
The customer's decision on preliminary control and acceptance of each payment is unconditional for Sberbank;
It is possible to remotely reserve an account number by the client (you can immediately enter the details in the contract being concluded);
The control of payments on accounts does not depend on the place of their opening;
The cost of banking support is set taking into account the parameters of the supported contract;
Banking support can be combined with the provision loan products;
Technological and price audit of the project is carried out with the involvement of 5 leading engineering companies (at the request of the customer);
The mechanism of banking contract support is universal and can be applied outside state order- in business practice;
Comfortable procedure for the customer and the supplier to exercise control (term, conditions for the provision of supporting documents, etc.).

The rules for banking support of a civil law contract, the subject of which is the supply of goods, performance of work, provision of services concluded on behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipality, budget institution or otherwise legal entity. The corresponding Decree of the Government of the Russian Federation of September 20, 2014 No. 963 "" was approved.

Banking support of the contract in the document means the provision by the bank on the basis of an agreement concluded with the supplier, contractor, performer, subcontractors and co-executors of monitoring of settlements carried out as part of the execution of the contract on an account opened with the specified bank, as well as the provision of other services by the bank. The results of such monitoring will be communicated to the customer.

There are two types of banking support:

simple banking support - monitoring of settlements by the bank within the framework of the execution of the accompanied contract without charging a fee;
extended banking support - monitoring with the provision of additional services, allowing to ensure compliance of the received goods, works, conditions of the accompanying contract, for which limit dimensions fees as a percentage of the contract price.

To the highest executive bodies of state power of the constituent entities of the Russian Federation and bodies local government when making purchases to meet regional and municipal needs, it is recommended to include in the contract a condition on simple banking support, if the initial (maximum) price of the contract is at least 1 billion rubles. (for the subject of the Russian Federation) and at least 200 million rubles. (for a municipality), and about extended banking support - with a contract price of at least 5 billion rubles.

This measure is intended to provide banks with an additional tool to reduce lending rates or the amount of payment for issued bank guarantees. In turn, the customer, receiving information from the bank when opening and maintaining accounts of the supplier and persons included in the cooperation, will have more information to accept preventive measures during the execution of the contract.

Recall that the rule on the need for banking support for contracts (Article 35 federal law dated April 5, 2013 No. 44-FZ "") came into force on July 1, 2014.

As noted in the government reference to the document, its adoption will allow the customer to ensure more effective control over the fulfillment of obligations under the contract, and will also help reduce rates on loans and bank guarantees, create legal grounds for outsourcing certain powers of the customer during the execution of the contract.

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Opinion:

In accordance with paragraph 4 of part 1 of Art. 93 of the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the customer can make purchases from a single supplier for an amount not exceeding 100 thousand rubles. At the same time, the total annual volume of purchases that the customer has the right to make should not exceed 5% of the amount of funds provided for the implementation of all purchases ...

Vetrov Vitaly ,
Managing partner of the law firm "Vetrov and Partners"

Banking contract support is a way to ensure control over the use of funds under a government contract. Article 35 of Law No. 44-FZ instructs the Government of the Russian Federation to determine the procedure for servicing a state contract by a financial organization.

What is contract banking support

If the state contract contains a condition on support, then the supplier is obliged to sign an agreement for servicing such a document with the bank. financial organization will accompany all parties to the transaction, i.e. control the use of funds under the state contract on a separate (separate) current account, as well as provide full information about this to the client. AT special occasions The bank will provide an additional list of services. The rules for their provision are approved by Government Decree No. 963 dated September 20, 2014 (hereinafter referred to as the Rules).

Involve a bank that complies with Art. 74.1 of the Tax Code of the Russian Federation, both the bidder and the customer himself can through the auction under 44-FZ.

The document to be served must contain detailed conditions, responsibility and deadlines for performing operations related to banking service(clauses 6-9 of the Rules).

Types of banking support

The first type is bank monitoring of payments made by the supplier. The report is submitted to the customer no later than the 15th day of the month following the reporting month. At the same time, the customer receives an extract on the movement of money on a separate account of the contractor, data on balances at the end of the reporting month and balance sheet. These services are free.

The second type - extended banking support for a contract under 44-FZ - implies additional verification of data in payment orders:

with actually delivered goods (rendered services);
with deadlines for the fulfillment of obligations;
with actual deliveries or works (not less than 75% of the contract value).

According to paragraph 4 of the Rules, the fee for the implementation of extended support depends on the price of the contract. However, it cannot exceed:

1.09 percent of the contract price - at a price of 5 to 10 billion rubles;
1.05 percent of the contract price - at a price of 10 to 15 billion rubles;
1 percent of the contract price - if its value is more than 15 billion rubles.

When banking support is required

Only monitoring is used if the document is valid during the period life cycle goods or at the NMTsK more than 10 billion rubles. Also, this service is applicable for transactions worth more than 10 billion rubles. with a single supplier (decision of the Government of the Russian Federation), while there is no requirement to provide a document.

If the subject of the Russian Federation (for example, Moscow) or municipality carry out purchases in the amount of 1 billion rubles. or from 200 million rubles. accordingly, here it is necessary to include a condition on monitoring in the contract. And transactions of such customers from 5 billion rubles. and more will require an expanded range of bank services.

Banking support of the state defense order, as well as documents containing state secrets, are not covered by the Rules.

In addition, they do not serve documents concluded in accordance with Parts 1, 4, 5 of Art. 15 of Law No. 44, until 04.10.2014, as well as transactions made as a result of procurement, notices of which were posted in the EIS earlier than the specified date.

Implementation procedure

The procedure for the implementation of banking support of contracts is established in the contract (below - the wording of the subject).

In addition, the agreement contains:

Conditions for opening a separate account.
Obligations and rights of the parties.
Terms and methods of carrying out calculations.
Rules for writing off at the request of the customer from a separate account an amount equal to the advance payment (if there is no security).
Obligation of the bank to transfer the monitoring results to the customer.
The procedure for changing and terminating the contract.
The obligation of the bank to send data on settlements in a separate account to Federal Treasury if these operations should be reflected in personal accounts opened in the territorial bodies of the FC.

The Extended Service Agreement will contain all of the above plus:

Data agreed between the customer and the bank, indicated in the payment order.
Conditions and rights of the bank to check payment documents.
List and rules for the supplier to provide documents to confirm the basis of payment.
Reconciliation of the above documents with the actual delivery / service rendered.
Rights, conditions and liability of the bank in case of refusal to make a payment.
The procedure for reporting at the request of the FC.

How to open a separate bank account

Submit an application to open an account signed by an authorized person to the bank. To do this, use the online reservation service to get a number separate account online. Your reserved account will immediately be available for receiving payments.
Within 30 calendar days from the moment of reserving the account, submit a package of documents to the bank branch. Sign the bank support agreement and the agreement of a separate (separate) bank account.
After checking the documents, you will be able to make expenditure transactions by account.