19.11.2021

Who has the right to fund your bank account? Contribution to a third party. "Slippery" questions Open a deposit for a third party in Sberbank


Today, almost every bank provides an opportunity to make a bank deposit in favor of a third party. What does this mean?

  • - remittance;

A deposit to a third party can be opened by both a legal entity and an individual. To open an account, you will need the passport details of the initial depositor and the person in whose name it will be opened.

The right of the person who opened the deposit to dispose of funds

It is worth noting that the person who opened this account and made a deposit in favor of a third party has the right to dispose of the funds until the third party contacts the bank and presents his rights to them. It is for this reason that this deposit is often used as a gift.

Today, almost every bank in Ukraine and Russia provides an opportunity to open a deposit for a third party. Basically, such deposits are issued as a gift for children to come of age. However, besides this, there are a number of other cases in which it may be necessary to open such a deposit.

For example, in case of loss of documents or lack of registration, this service will be invaluable. Therefore, taking into account such aspects, a contribution to a third party is practiced when making transactions. Also, this deposit can be opened as a money transfer. In this case, you can save on commissions if the amount is quite large. However, it is important to take into account that the place of residence of the third party must have a bank branch in which the account is opened, because he will need to apply there to present his rights.

In addition, it is worth noting that the person who opened this account has the right to dispose of the funds until a third party contacts the bank and presents his rights to them. It is for this reason that this deposit is often used as a gift for coming of age. So parents will be able to provide the child with education, housing. This contribution is replenishable.

However, there are difficulties that are reflected in the need to provide a power of attorney, certified by a third party notary public, that the original depositor wants to deposit funds into the account. Naturally, this will be necessary from the moment the person in whose name the account is opened applies. Before presenting them with rights in a bank, such difficulties will not arise.

As for the insurance aspects, they are carried out on general conditions, but the reimbursement is received by a third party.

Of the documents required to open this deposit, you will need the passport details of the initial depositor and the person in whose name the account will be opened. If the deposit is opened for a child, then his birth certificate will be required. In this case, the presence of a third party is not required.

With regard to withdrawals, they can usually be used without loss of interest after three years. The transfer of the right to use the deposit is usually set out in the contract.

Also, opening a deposit for a third party can be initiated by a third party at his expense, for example, in case of loss of documents by him. However, the downside is that the initiator will not be able to manage his funds until the bank provides documents proving his identity. In the case of opening a deposit at the request of a third party, you should take care of the power of attorney for the funds that will be deposited into the account.

Also, the advantage is that if a third party receives a bearer certificate, for example, as a gift, then he can use this certificate as collateral when applying for a loan. But there is also a significant downside. The certificate to the bearer is not restored. That is, if the document is lost, it becomes impossible to apply to the bank for funds.

As for banks that provide the service to open a deposit in favor of a third party, these include: Privatbank, VTB-24, Sberbank, Uralsib, Absolut Bank and others. Uniastrum Bank and Raiffeisenbank do not open such a deposit.

Video: how to donate a contribution

A third party deposit is an account opened with a bank by a depositor in the name of another person. In this case, the funds deposited into the account will belong to the person in whose name it is opened from the moment they present their rights to the deposit. Prior to this, the original investor is the actual owner of the money. Any citizen can replenish the deposit by a third party.

If we talk about the goals of opening such a deposit, then they are different. Such a deposit can be considered in several aspects:

  • - a direct contribution to a relative or close person in order to ensure his financial stability (for example, cash savings for a child to his age of majority);
  • - opening an account at the request of a third party at his expense in case of loss of documents or lack of registration;
  • - remittance;
  • - opening a deposit as a gift (bearer certificate).

More often, in banking practice, a contribution to a third party is used specifically to open an account for relatives or friends. In addition, such a deposit is often used as a gift.

A deposit to a third party can be opened by both a legal entity and an individual. To open an account, you will need the passport details of the initial depositor and the person in whose name it will be opened.

There are two types of such deposits. In the first case, this is a direct contribution to a third party, in the second - opening an account by proxy. The latter more often concerns those cases when someone is interested in placing funds in a bank, but does not have the opportunity to independently carry out such an operation. This applies to persons without the necessary documents or their temporary absence. Also, this applies to persons without registration.

Speaking about the first type of deposits to a third party, it is worth noting that they are practiced mainly as gifts or between relatives. So, a bearer certificate can turn out to be a rather profitable and solid gift, much more convenient than money in an envelope. In addition, if the amount is quite large, then the recipient does not have to go to the bank and place funds in the account, as is the case with the envelope. It's very practical.

As for opening a deposit for a relative or child, this allows you to accumulate funds by a certain point. The deposit can be quite long, as, for example, in the case of a deposit until the age of majority of the child. To open such an account, you will need a birth certificate. Before reaching the age of majority and handling the rights to deposit, the initial depositor manages the funds.

On the onset insured event if a third party has asserted its rights to the deposit, it shall receive the compensation.

Speaking about a bank deposit in favor of a third party as a money transfer, it is worth noting that this is not often practiced, but mainly in order to save on commission deductions. In addition, in this case, the recipient does not have to contact the transfer office and re-place funds on the account.

Video: contribution per child

In what cases can I open a deposit in favor of a third party?

First of all, it is worth understanding what is a deposit? A deposit is a certain amount of money, or securities, which are transmitted by a certain person credit institution, that is, a bank, in order to receive income generated during financial transactions with a contribution.

Almost any deposit can be opened as a contribution to a third party. This financial action is provided for by the Civil Code of Russia. Most Russian banks provide such a service. According to statistics, not many citizens of the Russian Federation use this opportunity. In most cases, they open a deposit by agreement.

A deposit to a third party is opened for various purposes and reasons. For example, as a strange and unusual gift. For example, parents can make a contribution in order to ensure a good future for their child. Thus, they will be calm that their children will be able to organize a wedding, get a quality education, buy housing, etc.

Another case of the deposit is the method of money transfer. In this case, one person draws up a deposit for another. When the terms of the contract are fulfilled, this money will at some point become the property of the person in whose name the contract is drawn up. Often the deposits are short-term.

How to open a deposit for a third party?

Opening a deposit in favor of a third party is easy. You need to have your passport with you, give information about the third person to whom it opens (full name). If the third party is a child, then you need to have a birth certificate. The presence of the child is not required. In some cases, the bank requests a photocopy of a third party's passport, the photocopy must be the main page of the passport. This is done for the correct operation of the bank.

Features of opening a deposit for a third party.

The so-called third party will receive the rights of a depositor only after a personal appeal to the bank with necessary documents. As long as a third party has not applied to the bank, the person who opened the deposit has the same rights as the person to whom the deposit is addressed.

Maximum annual rate for Russian banks as a percentage is 21% -23%, taking into account deposits for a period not exceeding one year.

Advantages of a third party deposit:

  • 1. Not necessarily the presence of a third party.
  • 2. The person who opened the deposit has the right to change the amount.
  • 3. The deposit can be used as a transfer Money, no commission.
  • 4. You can provide for a loved one, a family member, the future of children.

One of the frequently asked questions is: "Is it possible to make foreign currency as a contribution? Perhaps, if the bank gives such an opportunity.

Without execution of any contract, a third party can deposit funds in his own name. This is done in case of loss of own documents. Until the restoration of documents, use the means this person can not.

What features long-term deposits and whether it is possible to issue them to a third party. And what is the compensation of the targeted contribution for children in some financial institutions the conditions provide for limiting the age of the account, upon reaching which automatic closure occurs.

In what case can a deposit in the name of a third party be used?

To understand what a third party contribution is, consider a few simple examples.

Suppose you want to send a large sum of money your child or relative. Of course, you can do everything quickly and easily with the help of a regular translation. However, choosing this option, you will have to pay a bank commission. If the recipient does not intend to spend the entire amount, and wants to protect it, then, most likely, he will deposit money into a current account. A natural question arises: “Why incur additional expenses and waste money for nothing?”. How to be in that case? Opening a deposit in favor of a third party – The best decision and way out!

Most often, this type of contribution is used by parents in order to provide their children with a comfortable life. Funds placed on deposit can be used to purchase real estate, a car or education. Everything will depend on the person who opened (a contribution in favor of a third party) and on the conditions that are established in the contract bank deposit in favor of a third party. Most often, the recipient can use the funds from the onset of a certain age or under specific circumstances (for example, wedding, vacation, etc.). By the way, a deposit to a third party will be a good service for citizens who temporarily do not have the documents necessary to open a deposit with their own hands in a financial institution.

To open such a deposit, you will need the passport data of the depositor and the data of the person for whom the account is opened. It is worth noting that in some Russian banks the presence of the person in whose name the deposit is opened is required. Of course, this condition negatively affects the popularity of the service. However, despite this drawback, the service in question is very convenient.

Certificates of deposit are considered an interesting solution today. According to representatives of leading Russian banks, this service is especially popular. The most relevant service during the holidays. A certificate of deposit can be a unique way to donate money to a person. So, a person in whose name a certificate is prepared can apply to a bank with a passport and use the deposit without restrictions.

It is worth knowing that now not all banks are ready to open conditional deposits in favor of third parties. One of the possible reasons can be active struggle with corruption in recent years.

Despite the possible difficulties, opening a conditional deposit in favor of a third party is an efficient and convenient service that many parents use today. Opening such a deposit in the name of your child is a concern for the future. By managing money wisely, you can forget about additional fees and commissions that form additional source income of most Russian financial institutions.

Banks where you can make a deposit in the name of a third party are ready to offer their customers various interest rates, which will depend on the currency, terms of placement and the amount of the deposit.

A contribution in favor of a third party is a deposit placed by a citizen for another recipient. There are three parties involved in the transaction: the bank, the depositor and the beneficiary. The possibility of conducting a financial transaction is regulated by the Civil Code of the Russian Federation, Art. 841 and 842. The procedure for registering a deposit has a number of features.

When is a third party deposit opened?

A deposit in favor of the beneficiary is an alternative money transfer. A power of attorney is not required to withdraw investments. The contribution can be applied in different life situations:

  • providing for the family when the contributor works, lives in another city or abroad
  • saving money for various purposes
  • temporary invalidity of the passport, insurance in case of absence of an identity card by the time the contract ends
  • acquisition of real estate
  • ensuring the full return of the insured funds

Settlements using a deposit in favor of another citizen are rarely used when buying out real estate. Transaction participants usually use safe deposit box. A deposit to a third party is beneficial to both parties, since the bank will not charge a commission upon receipt of funds by the beneficiary. When concluding a contract, it is important to fix the rights of the buyer and seller.
The tripartite deposit guarantees the reimbursement of the insured money. A citizen who has opened a personal account in case of an insured event (for example, a bank loses its license) will receive a refund no higher than the established limit. If the contribution is divided into shares: part of the funds is issued for yourself, the second share is for a relative, you can ensure a full refund.

An agreement on the creation of savings in the name of a third party is most often concluded by:

  • for children (accumulating funds until adulthood, to pay for tuition, creating a wedding or housing "piggy bank", raising money for entrepreneurial purposes)
  • for an elderly, sick parent and other relative (monetary assistance for treatment, rest)
  • to prepare an unusual gift

Nuances of opening a deposit for a third party

The possibility of creating a deposit for a third party depends on the availability of bank offers. The service is most often applied to certain types deposits, less often - for the entire line of deposit products. The procedure is not popular with bankers. This type the deposit can be used for fraudulent purposes, to finance illegal activities.

According to Art. 842 of the Civil Code of the Russian Federation, a deposit in favor of the beneficiary is made in the presence of one depositor. To avoid mistakes, it is important for the bank to know the recipient's details.

Stages of the registration procedure

An account in the name of a third party is opened almost like a standard deposit product. It is necessary to study the conditions in advance funded programs. The procedure takes place in three stages.

The depositor applies to the branch with a package of documents:

  • with own passport plastic card, passbook
  • recipient's passport or birth certificate
  • power of attorney to open pension deposit for an elderly person
  • the banking operator prepares an agreement for signing, indicates information to identify a third party. The document is signed by the depositor, bank employees and, if necessary, the recipient
  • funds are credited to the account through the cashier or bank transfer. Citizen picks up his copy of the contract

The nuances depend on the specific financial company and the type of deposit. Some banks ask for original passports, additional documents and the presence of a third party. In other institutions, it is enough to indicate the details, passport data of the beneficiary.

A deposit to a third party cannot be issued through banking without visiting branches. Banks accept online applications for this service. For the safety of funds, it is recommended to pick up the contract, provide original documents.

What conditions should be included in the contract?

The tripartite deposit agreement is signed by the depositor. It indicates the purpose of the contribution. The document must contain the data of the beneficiary: full name, date of birth, number, series, date of issue of the passport, address of registration.

It is important to consider the following nuances when signing the contract:

  • the possibility of periodic replenishment of the account by the depositor and the recipient
  • the right of the depositor to conduct financial transactions, for example, withdrawing interest
  • the moment of transfer of rights to a third party after signing the contract or upon reaching the age of majority
  • setting the term of the deposit (in days, months or years) and the conditions associated with its expiration

The contract usually provides that when applying to the branch, the beneficiary receives all the rights to dispose of the funds. A power of attorney or a testamentary disposition can be issued on the deposit.

The moment of transfer of rights and disposal of the deposit

The account is managed by the depositor and the recipient (third party). The moment of transfer of rights is the manifestation of the intention of the beneficiary to obtain the rights of the client who opened the account. According to the contract, the intention is expressed:

  • when conducting transactions or submitting a bank order by a third party (replenishment, withdrawal)
  • upon receipt of an account statement

The beneficiary must personally come to the branch with an identity card. Another document, the details of which are specified in the contract, is also suitable for presentation.
Rights of the contributor and recipient


Until the transfer of rights

After the transition

The investor can perform the following operations:

  • terminate the contract, withdraw the invested money
  • withdraw, transfer and use funds at your own discretion
  • receive interest without capitalization or withdraw it from another account
  • draw up a power of attorney to dispose of the deposit

The powers of attorney issued by the depositor shall be invalidated.
The beneficiary (individual, commercial institution) becomes a contributor and receives his rights:

  • disposal of funds, performance of operations established by the agreement
  • receiving interest
  • Possibility of account liquidation
  • right to grant powers of attorney

How to top up a deposit for a third party?

The replenishment procedure depends on the conditions of a particular banking institution. It is necessary to clarify in advance whether the bankers will allow the first depositor, third parties to put funds on deposit. Most often, only the beneficiary has the right to these operations. Money is transferred to the deposit account in the ways, established by the bank: via the Internet, by transfer or through the cashier.

When visiting a branch to make a profitable transaction, you need:

  • prepare for presentation a passport, contract, information about the recipient and account number
  • present a power of attorney from a third party for replenishment currency deposit(power of attorney is not required for ruble accounts)
  • deposit money

According to the law, for operations on foreign currency deposits, a power of attorney is required, regardless of the content of the agreement. Most deposits in the Russian Federation to a third party are opened only in rubles. It is believed that the beneficiary provides information about the ruble account, automatically expressing his confidence.

Additional nuances that investors need to know

A banking institution has the right to require the personal presence of the beneficiary when opening a deposit. According to the Federal Law of August 7, 2001 No. 115 “On Combating Money Laundering”, the bank is obliged to process such deposits in the presence of third parties or their representatives. Depositors should be aware that Federal Law No. 115 is contrary to Art. 842 of the Civil Code of the Russian Federation.

Bankers do not have the right to require the recipient to provide an agreement, since he has unconditional rights. The client must present a passport to use the account.
Trilateral deposits have features:

  • the possibility of opening in different currencies
  • receipt of funds can only be allowed in the branch where the agreement was signed (the rule is valid in Sberbank)
  • if the amount of the deposit opened for a third party exceeds 600,000 rubles. (the equivalent amount in foreign currency), then all operations on it fall under mandatory control
  • personal income tax is withheld from interest received on the deposit when their amount exceeds the non-taxable limit (determined taking into account the refinancing rate at the time of conclusion of the agreement)
  • payments from insurance fund, if the financial company went bankrupt, are issued only to the beneficiary or his representative
  • replenishment of an account created in the Russian Federation in the name of a foreign citizen can only be done by his relative who has confirmed his relationship

Which banks offer deposits in favor of a third party?

The following offer to make a deposit in favor of the beneficiary banking companies: Sberbank, Uralsib, UniCredit, VTB-24, Promsvyazbank, NB Trust. The service for opening a deposit of this type is provided by: Rosinterbank, Absolut, SMP-Bank, BC Vozrozhdenie, and the Project Financing Bank.

The maximum annual rate in the Russian Federation on third party deposits varies from 21% to 23% for up to 12 months.

Savings programs for minors offer:

  • SMP-Bank - for a period of 3 years, with a yield of up to 10.5%
  • Military-Industrial Bank - up to 1 year, rate - 10.2%
  • Center-Invest - for a year with a yield of up to 10.2%
  • RTB and Interprogressbank - up to 10% per annum

To create a deposit, you need to go to the bank office. Sberbank opens deposits for third parties in the presence of one depositor, in the presence of the recipient's passport data. In others financial companies may require the original passport of the beneficiary.

Opening a bank deposit in the name of another person is an indispensable product for those who plan to transfer a certain amount of money as a gift to relatives or friends, as well as as payment to legal or individuals on private deals. However, this type of contribution has its own characteristics and pitfalls, which we will try to understand in our review.

Deposits in favor of third parties are not particularly popular in Russia either with bankers (since this service can be used for financial fraud or payment for illegal activities, including terrorist ones), or with bank customers (due to the narrow specifics of such a product and insufficient awareness of the population). Some banks provide the opportunity to open a deposit for a third party for the entire line of deposits. However, there are not many special contributions, and main reason- the need to use such products arises only in a number of cases. Namely:

As gifts for family or friends . Since such a present looks more significant and more solid than money in an envelope. The recipient can both withdraw money and leave it for savings and savings on the deposit.

As payments for non-commercial transactions . For example, for the purchase of an apartment, you can pay off such a deposit. This option is suitable if there is no desire to pay in cash (inconvenient, dangerous) and non-cash payment (due to the need to pay an additional commission). However, such a scheme can only be used for private transactions; it will not be possible to pay for goods and services.

For safety of funds placed in deposits (since when a bank revokes a license, only 700 thousand rubles are guaranteed to be returned) some clients fall for the trick and split investments over 700 thousand rubles (in order to guarantee their return) into several deposits that are issued to different persons, but actually belong to one. For example, relatives or friends.

However, even in these cases, it is worthwhile to open deposits to third parties with caution due to a number of features. In particular, it must be remembered that until the moment the beneficiary (the person on whom the deposit is made) has applied to the bank and performed any actions with the account, the beneficiary (the person who opened the deposit) can dispose of the funds. That is, the transfer of rights does not occur immediately at the time of signing the agreement, but when the person in whose favor the deposit is opened has performed any action in relation to these funds.

Such deposits have one more feature: if the beneficiary is a citizen of another country, then it is possible to deposit cash (foreign currency) into his account only after proving the fact of kinship with him (marriage document, birth certificate). Such a measure is aimed at combating money laundering, since the contribution to third parties can be used for these purposes. Otherwise, the described deposits do not differ from the usual ones, including the conditions. Just do not forget that in order to open them, they may be asked not only for the full name of the final recipient, but also for a photocopy of his passport.

The highest interest rate - up to 10.75% per annum in rubles - on the deposit "4 seasons" in Rosinterbank. Such a rate is provided if you place an amount from 10 thousand rubles (maximum - up to 3 million rubles) for a period of 271-367 days. For a period of 1-90 days - 7% per annum in rubles, 91-180 days - 7.5% per annum, 181-270 days - 9.5%. That is, the value interest rate increases every three months. Interest accrual - after each interest period, capitalization is possible. It is envisaged that accrued interest will be saved after each season. It is possible to replenish the deposit (with the exception of the last three months of the deposit placement period), as well as withdraw interest paid without partial withdrawal of the deposit amount. For early withdrawal of funds, the accrued interest is retained for the past full interest periods, for the current partial interest period is calculated based on the “On Demand” rate.

Minimum amount required to open , - 1.5 thousand rubles - on the Classic deposit in Baltika Bank. By placing this amount for a period of 546 to 732 days, you will receive an income of 10.2%. For 366-545 days - 10.1%, 181-365 - 9.2%, 31-180 days - 8%. Interest is paid at the end of the term. Refillable deposit: additional contributions accepted during the entire term of the deposit. When replenishing the deposit, in case of exceeding maximum amount range, the interest rate on the deposit changes accordingly from the moment of this excess. Partial withdrawal is not provided. Early withdrawal of a deposit: less than half of the term - at the rate "On demand"; more than half of the term - at the rate of contribution. Gift - when opening a deposit for a period of 366 days inclusive with simultaneous registration bank card By tariff plan"Deposit+Card". When opening a deposit from 50 thousand rubles. - keychain, whistle, shoe bag, mug (optional); from 300 thousand rubles - raincoat, umbrella or thermo mug.

A good alternative to standard deposits can become a "Savings Certificate" in Sberbank. It is issued to the bearer and, like a deposit, is designed to store and increase funds with a yield significantly higher than on deposits. It can be presented to friends or relatives: the transfer is carried out by simple handing. Rates - up to 9.3% per annum in rubles when placing an amount of 5 million rubles for a period of 3 years. For the same period, but in the amount of 50 thousand to 1 million rubles, the rate is up to 8%. interest is accrued at the end of the term, replenishment and partial withdrawal of funds are not provided. More high yield on the product is explained by the fact that such certificates are not subject to compulsory insurance as deposits, that is, when the license is revoked from the bank, you lose the placed funds. But the likelihood of this development of events for large banks with state participation, such as Sberbank, is extremely small. Early withdrawal of funds from the deposit - at the rate "On Demand".

With the deposit "My Opportunities" in Promsvyazbank not only easy to save, but it is convenient to manage . In particular, there are opportunities to open a deposit in the PSB-Retail Internet bank with an increased interest rate (+0.3% in rubles for all terms), replenish the deposit, partial withdrawal subject to maintaining a minimum balance, a choice between monthly capitalization or interest payments. For such convenience, you will have to pay a rate - the maximum 7.84% per annum (when opening through the Internet bank and taking into account monthly capitalization) in rubles when placing an amount of more than 5 million rubles for a period of 2 years. For smaller amounts and terms, the rates will be even more modest - from 6.6% to 7.72%. Payment of interest monthly to a current account or to a bank card account. Early termination of the deposit agreement - at the rate "On Demand".

Maximum freedom of disposal of funds - on the "Freedom of choice" deposit in VTB24. It allows you to choose right conditions: term, interest rate, method of depositing and withdrawing funds. The term of the deposit can be chosen up to a day (from 31 days to 1830 days). The interest rate increases as you replenish, it depends on the size down payment and from the period of placement of funds - from 3.4 to 7.52% per annum in rubles. It is possible to choose the method (with or without capitalization) and the frequency of interest payments (every month / quarter or at the end of the term). Replenishment is provided, the minimum contribution is 1 thousand rubles. Debit transactions provided for in the amount of capitalized interest, but up to the minimum limit of the amount range to which the deposit belongs at the time of the transaction. The terms of early demand depend on the term of the funds on the deposit: up to 181 days (inclusive) - at the rate of the "On Demand" deposit, more than 181 days (after 6 months) based on 0.60 interest rate applicable on the deposit at the time of opening.

Table 1. "Deposits in favor of third parties"

Bank, deposit

Max. bid

Min. sum

Term

10 thousand rubles

271-367 days

No limits

455 days

Based on the norms of the Civil Code (Article 842), funds can be deposited in a bank in the name of a certain third party.

In accordance with Art. 842 of the Code, the person in whose name the deposit is made acquires the rights of the depositor from the moment the first claim is made to the bank based on these rights, or the person expresses to the bank in another way the intention to exercise such rights. The Code admits that a bank deposit agreement may provide for a different moment for the entry into the rights of the depositor of the person in whose name the deposit was made. For example, a bank deposit agreement may contain special condition that the person in whose favor the deposit is made acquires the rights of the depositor simultaneously with the making of the deposit in his name. In this case, the person who has made a deposit in the name of another person does not retain any rights on the deposit.

At the same time, it must be taken into account that if a deposit in the name of a third party is made by a legal entity and the bank deposit agreement does not provide for any restrictive conditions for its return (clause 2 of article 837 of the Civil Code), including a ban on the return of the deposit at the request of the person who made it, then such a person has the right to withdraw the deposit made by him in compliance with the requirements of clause 2 of article. 842 GK. To exercise this right, the person who made the deposit must send a written notice to the bank about the withdrawal of the deposit. When returning the withdrawn funds, the bank must be able to identify the person who entered into the agreement in order to exclude the situation when the withdrawal of the deposit will be made by a person unknown to the bank. Therefore, accepting anonymous deposits in the name of a third party can create serious identification problems for the contributor.

If a deposit made in the name of a third party is claimed by a person who believes that the funds were transferred to the deposit on his behalf, although, according to the bank, another person is listed as the depositor, such a right of claim must be recognized in court. Otherwise, the bank has the right to return the deposit only to the person who is named in the bank deposit agreement as the person who made the deposit, or to the depositor himself.

As already mentioned, unless otherwise provided by the bank deposit agreement, the person in whose name the deposit was made acquires the rights of a depositor only from the moment he presents the first claim to the bank based on the rights of the depositor. In this regard, the question arises: what kind of rights are we talking about and, accordingly, what requirements should a person present in order to be recognized as a depositor?

In accordance with Art. 834, 837, 838, 843, 844, 845, 847 Civil Code the depositor has the right to demand: - issuance of the deposit;

Transfers of funds in the deposit to other persons;

Write-offs of funds from the depositor's account at the request of third parties;

Calculation and payment of interest on the deposit; - issuance of a savings book (unless otherwise provided by agreement of the parties) or a savings certificate.

Consequently, the person in whose name the deposit is made acquires the rights of the depositor on the deposit when applying to the bank with any of the above requirements.

However, according to the rules of art. 185 of the Civil Code, any person (including those entitled to receive a deposit) has the right to authorize another person - a representative to perform certain actions on his behalf. To exercise these powers, the representative must be issued an appropriate power of attorney. Therefore, the fact of issuing a power of attorney to receive a deposit (and interest on it) in the manner prescribed by paragraph 4 of Art. 185 of the Civil Code, subject to the presentation of such a power of attorney to the bank, can also be regarded as an expression of intention to exercise the rights of the depositor on the deposit in favor of a third party.

In the name of another person. The peculiarity of a deposit in favor of a third party is that until this person decides to exercise the rights of a depositor (in other words, before his personal appeal to the bank), the client who opens a deposit and concludes an agreement can also enjoy all the rights of a depositor. Usually, third-party deposits are replenishable. However, the possibility of replenishment may be limited. If currency deposit replenishes not the person in whose name it is opened, but directly the citizen who initially put money on deposit, then he will have to provide a notarized power of attorney to the bank on behalf of that same third party.

For deposits to third parties in the event of an insured event, compensation is paid on a general basis. But only the person in whose name the deposit was opened can receive this compensation. Often, clients who wish to deposit more than 1.4 million rubles make deposits to third parties, such as relatives.

You can open any deposit to a third party at Sberbank, VTB 24, SMP-Bank, Vozrozhdenie Bank, Absolut Bank and a number of others. There are banks that do not accept such deposits. Among them are Uniastrum Bank, Raiffeisenbank and some others.

In credit institutions, the requirements for the documents presented and the currency of a possible deposit may vary. For example, at Sberbank, you must provide your own passport and passport details of the person in whose name the deposit will be opened. Uralsib does not have enough passport data of a third party - they will require the original passport or its certified copy. In Absolut Bank and NB Trust, such deposits are opened only in rubles. In Vozrozhdeniye Bank, it is impossible to open an ATM deposit for a third party.

Any contribution to a third party can be issued to your child. Some credit institutions in the line of deposits there are special "children's" deposits - for minor children. For example, UniCredit Bank offers to open a deposit “Deposit in favor of a child” for a period of one to 18 years, and in dollars, euros, pounds sterling, Swiss francs and Japanese yen. This requires the parent's passport and the child's birth certificate. The deposit is replenished, interest is capitalized, partial withdrawal is not provided. However, money can be withdrawn without loss of accrued interest after three years.

As a rule, the transfer of rights to a deposit from an adult to a child is stipulated in the contract. When the license is revoked from a bank in which a “children's” deposit is opened, the guardian (legal representative) of the minor has the right to receive insurance compensation.


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