What major conditions should be provided for in the bank deposit agreement? Bank deposit. Bank account Basic deposit conditions
Does not arise. Therefore, the legislator does not consider a deposit as a type of loan, but allocates it as an independent contract.
The concept of the contract bank deposit (deposit). By bank deposit agreement (deposit) One Party (Bank), who adopted received from the other side (depositor) or the monetary amount received for it (contribution), undertakes to return the amount of the contribution and pay interest on it under conditions and in the manner prescribed by the Treaty.
According to paragraph 3 of Art. 834 of the Civil Code of the Russian Federation to the relations of the bank and the account of the account on which the contribution was made, the rules on the bank account agreement are applied, unless otherwise provided by the rules of chapter 44 of the Civil Code of the Russian Federation or does not follow from the substance of the bank deposit agreement.
Legal characteristics of the bank deposit agreement (deposit). The bank deposit agreement is real (it is considered concluded at the time of the transfer of the deposit amount of the Bank), compensated and one-sided (duties arise only at the same side - the bank, and the rights only at the contributor). The bank deposit agreement in which the contributor is a citizen is recognized as a public contract.
Substantial conditions of the bank deposit agreement (deposit). The only one essential condition The banking contribution contract is the subject.
Subject of the bank deposit agreement (deposit). The subject of the contract is the cash (contribution). The monetary amount constituting the contribution can be expressed in rubles or foreign currency. The depositor can transfer it in cash or in cashless form. At the same time, the law of the depositor to the cash transmitted to the Bank is not real, but the right requirement for the return of money and paying interest due.
Classification of deposits is possible on various reasons: in a circle of subjects - deposits of individuals and deposits legal entities; Depending on the term - demand deposits and urgent. In the instructions of Sberbank of the Russian Federation "On the procedure for committing institutions Savings bank Russian Federation operations on deposits of the population "stand out next species deposits: winning, pension, targets for children, conditional, urgent monthly payment income, license purposes, etc.
The term of the bank deposit agreement (deposit). The contract can be concluded for a certain period of one or the condition "to demand". Accordingly, deposits are divided into two main types: urgent contribution (On the terms of refund after the expiration of the term-specific period) and the contribution of demand (on the terms of issuing a contribution to the first requirement of the depositor).
The contract may be provided for contributions and on other conditions for their return, which are not contrary to the law (paragraph 1 of Art. 837 of the Civil Code of the Russian Federation). Among them can be called conditional deposits, the payment for which is made in the case of the onset of certain circumstances specified in the contract. In other words, the conditional contribution is a bank deposit agreement concluded (for example, an undenulation is the achievement of the age of majority).
Issuance of the contribution, payment of interest on it and the execution of the depositor orders for the transfer money From the account on the contribution to other persons is carried out by the Bank upon presentation of a savings book.
In cases where the registered savings book is lost or displaced, the bank, according to the depositor, gives it a new savings book. Restoring rights to lost savings book The bearer is carried out in the manner prescribed for the securities of the bearer.
Savings (deposit) certificate It is a valuable paper certifying the amount of the contribution made to the Bank, and the rights of the depositor (certificate holder) to receive the amount of the deposit and the amount of interest in the Bank, which issued a certificate, or in any branch of this bank. Savings (deposit) Certificates can be presenters or registered.
Certificate is the type of urgent contribution. In the case of early presentation of the savings (deposit) certificate, the Bank pays the amount of the contribution and interest paid on demand deposits if the certificate conditions are not established another amount of interest (art. 844 of the Civil Code of the Russian Federation).
As already noted, the written form of a bank deposit agreement can be made by other depositors issued by banks. So, recently, a large distribution in banking practices received use on deposits of citizens plastic cardswhich allow the conditions defined by the Banking Deposit Treaty, exercise, as well as on a savings book, settlement operations. The issue of emissions of such cards, as well as the rules for the implementation of settlement operations with their use are established by the Bank of Russia.
Duties of the Bank under a bank deposit agreement (deposit).
Since the bank deposit agreement is one-sided binding and obligatory party is the bank, its content and constitute the responsibilities of the latter, which correspond to the rights of the depositor.
The bank under the bank deposit agreement is obliged:
1. To conclude a bank deposit agreement with any reported citizen.
This responsibility follows from the recognition of a bank deposit agreement, in which a citizen is public. In this regard, firstly, the bank is not entitled to prefer one depositor to other in relation to the conclusion of this contract (except for cases directly established by law or other legal acts); secondly, the price of deposit services, as well as other conditions of the bank deposit agreement, should be set as the same for all depositors (except in cases where the law or other legal acts are allowed to provide benefits for individual categories); Thirdly, the Bank's refusal from the conclusion of the bank deposit agreement if he has the opportunity to provide a citizen to the consumer, deposit services is not allowed.
The conclusion of a bank deposit agreement between the bank and the client is drawn up by opening the last so-called deposit account, which is a type of bank account.
With unfounded evasion of the bank from the conclusion of the Agreement, the citizen-finder has the right to:
- apply to the court with the requirement of concluding a contract;
- to require the application of the responsibility measure (compensation for damages caused to evade the conclusion of the contract).
At the same time, in connection with the reality of this agreement, the citizencinitor does not have the right to demand the compulsory conclusion of the bank deposit agreement, and the Bank cannot be recognized unreasonably evading its conclusion in the absence of evidence of the introduction monetary sum in deposit.
2. Calculate and pay interest on the amount of deposit on the terms and in the manner prescribed by the Treaty.
The percentage conditions for the contribution, as well as the procedure for their accrual and payments were considered above.
In case of disclosure by the Bank of the information that makes up a bank secret, the client, the rights of which are violated, has the right to demand the application of responsibility (compensation of damages; compensation for moral damage, if it caused a violation of his non-property
An individual means cash in Russian or foreign currency, which are placed in a bank to storing and obtaining income in the form of interest (paragraph 1 of Art. 834 of the Civil Code of the Russian Federation).
The bank deposit agreement should be concluded in writing and reflect the conditions for the deposit amount, the currency of the contribution, the procedure for accrual interest, the procedure and timing of the return of the contribution and others.
1. The amount of bank deposit - This is the total amount of funds made by the Depositor to the Bank to which interest is accrued.
Note! Compulsory public insurance of bank deposits of individuals covers deposits in one bank in the amount of not more than 700 thousand rubles. (paragraph 2 of Art. 11 of the Law of December 23, 2003 N 177-FZ).
2. Bank deposit period It is a period of time defined in days, months or years during which the depositor's money is stored in the bank.
Depending on the date of making funds, deposits are divided into two main types: to demand and urgent. The demand deposits are not due to the term and issued to the depositor for the first requirement, in turn, urgent deposits are issued after the expiration of the term-specific period (paragraph 1 of Art. 837 of the Civil Code of the Russian Federation).
3. Deposit currency. Banks can place deposits in rubles and in foreign currency (Article 36 of the Law of 02.12.1990 N 395-1). A mixed contribution is the so-called multicurrency deposit, which is making money, as well as a deposit refund, can be carried out in various currencies on the selection of the client. Such deposits allow the client to receive additional income due to currency fluctuations.
In addition, cash can be contributed to precious metalsFor which the contributor opens a special metallic account. The yield of such a contribution depends on market quotes for precious metals.
4. Interest on contribution. The contract must reflect the interest rate on the contribution, expressed as percentage of annual. - This is the income of the contributor paid to him by the Bank for the temporary use of funds placed in the contribution, calculated as a percentage of the deposit amount for a certain period of time.
The interest rate can be fixed and floating, that is, depending on the change in the variable, as provided for in the contract, for example, the refinancing rate of the Bank of Russia.
Note. The size of the refinancing rate of the Bank of Russia can be found on his official website.
The accrual of interest on the deposit can be carried out in two ways:
- on the initial amount of the contribution excluding interest accrued on it (a simple percentage method);
- the amount of the deposit taking into account the accrued interest (the capitalized percentage method).
Note! The amount of interest on urgent deposits cannot be reduced by a bank unilaterally (clause 3 of Art. 838 of the Civil Code of the Russian Federation). On demand deposits Bank has the right to unilaterally resize interest rateIf this is not prohibited by the contribution contract (clause 2 of Art. 838 of the Civil Code of the Russian Federation).
5. Procedure for refunding. If the contributor does not require the return of the term deposit after the expiration rate, the contract is considered extended under the conditions of the claim to demand, unless otherwise provided by the contract (clause 4 of Art. 837 of the Civil Code of the Russian Federation).
If the urgent contribution is returned to the depositor to its requirement before the expiration, interest on it is paid, as in demand deposits, unless otherwise provided by the contract (clause 3 of Art. 837 of the Civil Code of the Russian Federation).
The return of the contribution of the depositor may be due to the onset of any event, such as the achievement of a child, in the name of which parents are discovered by the contribution of an adult age. Such a condition should be provided for by the contract.
Note! As a rule, interest on demand deposits are lower than on urgent deposits. Thus, with a premature return of the urgent contribution, there is a risk of loss of part of income in deposit in the form of interest.
6. Replenishment and partial use of deposit funds. A bank deposit agreement may be provided for the right of the depositor to replenish the contribution or its partial spending.
Note! Partial consumption of funds from the contribution, as a rule, may minimum amount initial contributioninstalled for this type of contribution. If, when spending the residue becomes less than the minimum amount of the initial contribution, the contribution contract will be considered early terminated.
7. Additional services bank or third parties. When concluding a bank deposit agreement, the Bank may offer a depositor to take advantage of its additional services or services of third parties that may entail additional expenses. An example of this kind of service can be a contract life insurance contract with an insurance company or the contract for the provision of brokerage (dealer) services for conducting operations in the stock market.
Note! The Bank cannot determine the conclusion of a bank deposit agreement with the mandatory acquisition of other goods or services (paragraph 2 of Article 16 of the Law of 07.02.1992 N 2300-1).
Bank deposit (or bank deposit ) - The amount of funds transferred to the Depositors to the Bank's credit institution to a certain or not a certain period in order to obtain income in the form of interest in the course of financial transactions with the contribution.
Under the bank deposit individual It is understood by the funds expressed in Russian or foreign currency, which the contributor places in the bank for the purpose of storing and obtaining income in the form of interest (paragraph 1 of Art. 834 of the Civil Code of the Russian Federation).
The bank deposit agreement must be concluded in writing and reflect the conditions for the deposit amount, the currency of the contribution, the procedure for accrualing interest, the procedure and timing of the return of the contribution and others (paragraph 1 of Art. 836 of the Civil Code of the Russian Federation).
A deposit is a debt of the bank before the depositor, that is, is subject to return.
Types of deposits
Types of deposits offered at the moment by commercial banks are conventionally divided into several groups, depending on which the goal is to have a depositor, planning to place money.
The main types of deposits offered by banks are as follows:
urgered savings deposits;
cumulative contributions;
demand deposits;
multicurrency deposits;
specialized deposits;
deposits in precious metals.
Urgent savings deposits
When issuing urgent savings deposits, the deposit is posted for a certain period.
The advantages of urgent savings deposits is a high interest rate and the possibility of implementing additional features on deposit management:
partial removal of funds;
early closure of the deposit;
monetization of interest.
In addition, urgent savings deposits provide for the capitalization of interest, that is, each month (quarter) is added to the principal amount of deposits, interest on the deposit and the following accrual occurs, taking into account the amount of capitalized interest.
Cumulative contributions
When designing cumulative deposits The ability to accumulate the required amount of money for certain purposes.
The advantages of such contributions is the possibility of replenishing the deposit at any time during the deposit period, and the deposit prolongation system.
That is, if the contributor, when the expiration of the deposit account, has not appealed to the bank, the contribution of the contribution to the machine is extended for the same period with a bid at the time of prolongation.
Investments "to demand"
Investment deposits are used by depositors who want to keep cash in a bank and at the same time be able to use their savings at any time.
The contributions "to demand" (or indefinite deposits) do not have a strictly agreed cash storage period, and the contributor at any time can access its funds.
The disadvantage of such contributions can be called a low interest rate in comparison with other types of deposits.
Multicurrency, "specialized" deposits and deposits in precious metals
Deposits B. commercial banks Can be placed in national and foreign currency and precious metals.
Multicurrency deposits
When making multicurrency deposits, the deposit amount in one currency can be translated at any time at the rate of the bank in the currency of another deposit.
Deposits in Dragmallah
When making such a deposit, the investor buys precious metals from the Bank, which are not issued to him, but are credited to the client's deposit account.
Specialized deposits
Many banks offer their customers the so-called "specialized" deposits.
Such types of contributions are provided for certain categories of citizens: pensioners, single mothers, children from large families and etc.
Pension or social deposits tend to have preferential conditions For accommodation, replenishment and money savings: the minimum initial amount, the possibility of non-cash replenishment from the pension (social) accounts, an increased interest rate, etc.
Deposit storage time
The deposit storage time can be from one day to several years, and the more deposit period, the interest rate will be higher.
Substantial conditions of the bank deposit agreement
The bank deposit agreement must contain the following conditions:
1. The amount of bank deposit.
The amount of bank deposit is the amount of funds that the depositor contributes to the bank and on which interest is charged in accordance with the terms of the contract.
2. Bank deposit period.
The term of the bank deposit is the period during which the depositor's money is stored in the bank. The term can be determined in days, months or years.
Based on the deadline for making funds to the bank, deposits are divided into "demand" and "urgent" deposits.
The deposits "to demand" are not limited to the placement period and are issued to the depositor for the first requirement.
"Urgent" deposits are issued after the end of a certain period of time (paragraph 1 of Art. 837 of the Civil Code of the Russian Federation);
3. Deposit currency.
Banks can place deposits in rubles or in foreign currency.
Mixed contribution is called a multicurrency contribution.
By multiculous contribution Placing money and the return of the contribution can be made in various currencies by selecting the depositor.
In addition, cash can be contributed to precious metals.
When opening a deposit in precious metals, the bank discovers a special metallic account.
The yield of such a contribution is determined depending on the market prices for precious metals.
4. Interest by deposit.
The contract must indicate the interest rate on the contribution, expressed as percentage of annual.
The interest rate is the income of the depositor, which is paid by the Bank for temporary use of funds placed in the contribution.
The interest rate is determined as percentage terms to the deposit amount for a certain period of time.
The interest rate can be either fixed or floating.
Floating interest rate depends on the change in the variable provided for in the contract, such as refinancing rates ( key bet) Bank of Russia.
The accrual of interest on the deposit can be carried out in two ways:
Interest are accrued on the initial deposit amount without taking into account interest accrued on it (simple percentage method);
Interest are accrued on the amount of deposit, taking into account the previous interest (the capitalized percentage method).
At the same time, the amount of interest on urgent deposits cannot be reduced by a bank unilaterally (clause 3 of Art. 838 of the Civil Code of the Russian Federation).
According to demand deposits, the Bank has the right to one-sided amount of interest rate, if it is not prohibited by the contribution agreement (clause 2 of Art. 838 of the Civil Code of the Russian Federation).
5. Procedure for the return of the contribution.
If the contributor does not return the amount of the urgent contribution at the end of the deposit placement period, the contract is considered extended on the conditions of the claim to demand, unless otherwise provided by the contract (clause 4 of Art. 837 of the Civil Code of the Russian Federation).
If the urgent contribution is returned to the depositor to its requirement before the expiration date of the deposit, then interest on the contribution is paid as in demand deposits, unless otherwise provided by the contract (paragraph 3 of Art. 837 of the Civil Code of the Russian Federation).
6. Replenishment and partial use of deposit funds posted in the bank.
A bank deposit agreement may be provided with the ability to replenish the contribution or partially to spend the deposit funds.
Partial consumption of funds from the contribution is carried out to the minimum amount of the initial contribution set for this type of deposit.
If, when spending the residue, there is less than the minimum amount of the initial contribution, then in this case the deposit agreement will be considered early terminated.
7. Additional bank services.
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Deposit: Details for Accountant
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dues of the population who can be accepted by all banks on the terms of themselves defined by banks.
Depositors are free in the choice of a bank for storing their savings and may have deposits in one or more banks. The relationship between the bank and the contributor is based on the contract.
The monetary contribution contract is an agreement according to which one side is a citizen (depositor) - makes a cash in the bank, and the other party - the Bank undertakes to store these funds on the account of the depositor, to issue them on the first requirement of the depositor, to pay it the established interest.
Parties in the contract are depositors - they can be Russian and foreign citizens, as well as stateless persons.
Another side bank. Unlike other commercial banks on deposits made to the Savings Bank of Russia, the state guarantees the complete preservation of funds and issuing them to the first requirement.The monetary contribution agreement is real and is considered concluded from the moment of deposit deposit; One-sided, as the rights belong only to the depositor, and the bank carries only responsibilities, and percentages are accrued for the amount of the contribution).
Banks are obliged to insure population deposits in the manner and on the conditions determined by the Bank of Russia.
The depositor, disposed of contributing, at any time to get the contribution in whole or in part, personally or through the representative to replenish the contribution, transfer it to another bank, instruct the bank to make cashless payments, to receive income in the form of interest or in other uniforms offered by banks, to manage contribution to death.
Taking money on deposits, banks issue a depositor document certifying the deposit (savings, calculation or checkbook, deposit certificate).
Types of deposits. Alignment deposits:
poste restante. By this kind The contribution of the depositor may at any time completely or in part of the contribution;
urgent. They are opened for a certain period and on them, as a rule, increased interest paid. If the depositor orders the contribution before the expiration of the deadline, then the usual interest is either charged, or the accrual is not made at all;
urgent notice. According to these types of deposit, the depositor undertakes to set time Notify the Bank for Removing Means from the Account;
conditional. The conditional is recognized as a contribution made to another person, which becomes a depositor, but can dispose of the contribution only upon the circumstances specified when contributing;
on current accounts. This type of demand deposit, however, the disposal of the contribution is by issuing checks (nominal or presenters) - this contributor receives a calculated and checkbook;
winning - for which income is paid not in the form of percent, but in the form of winnings.
Deposits may be registered, i.e. Accepted in the name of a certain person, and for bearer. The disposal of the deposits on the bearer is made by any person in the Deposit Document.
Estimated relationships with the participation of citizens. On the basis of a depository of a cash contribution agreement concluded by the Depository and issuing a depository to the bank of a payment about the payment arise with settlement relations with the participation of citizens.
Non-cash payments with the participation of citizens with organizations can be carried out in the form: a) crediting to the account of the contributor to the amounts due to it from enterprises, organizations, institutions; b) transfer on assignments of investors in favor of enterprises, organizations and institutions of various payments; c) issuing a depositor of checks for settlements in the prescribed manner for goods and services.
Treaty of Deposit Account (Cash Storage). Legal entities can keep their money in one or several banks, independently choose a bank for storing funds. Relationships on the storage of funds are determined by the monetary deposit agreement (deposit account). Under the Deposit Account Agreement, the Bank undertakes to keep funds on the depositor's account, issue them at the request of the depositor, to pay him established income.
In contrast to the cash contribution contract with the participation of citizens in relations with the participation of organizations, it is impossible to make calculations from the deposit account. To do this, you need to open the calculated (current) account.
The procedure and conditions for receiving deposits from organizations are determined by the Bank and the Client independently.
The procedure for adding recovery on cash contributions. The imposition of arrest and appeal against cash and other values \u200b\u200bin banks may only be in cases provided for by law.
On cash and other values \u200b\u200bof legal entities who are in banks, arrest * may be imposed on no other than the decisions of courts, decisions of investigative bodies or arbitration courts, and recovery can be addressed only by executive sheetsissued by the courts, according to the orders of arbitration courts and other executive
* The arrest of the account recognizes the temporary termination of all or credit transactions in the account (i.e., transmission of funds from the account) without the consent of the client. 332.
documents, and in cases provided for by the legislation of Russia, on demand financial organs and other organizations.
In an effort to save savings or earn percentage. How is the maintenance of the Russian credit and financial organizations of depositors? What is the specificity of the conclusion of relevant contracts for servicing deposits between banks and their clients?
The essence of the bank deposit agreement
According to the formulations of the Russian Federation of the Russian Federation, a bank deposit agreement is an agreement on which one party (credit and financial institution), which takes from other money (contribution) to return them in the original amount and subject to interest payments in the agreed order.
Relevant agreements are classified into two main types. There is a contract of the banking contribution "to demand", but is "urgent". In the first case, interest is usually lower. However, their payment is almost always guaranteed regardless of the removal of the depository of funds from their account.
In the second case, as a rule, in the agreement there is a condition that interest under the bank deposit agreement is not paid if the citizen wishes to make money until the end of the contract with the credit institution. Specific species of deposits in Russian banking practices are very much. A little later we will look at them.
Legislative aspect of registration of the deposit agreement
The Russian banking law of a bank deposit is regulated by several legislative acts. The appropriate type of agreement between the credit and financial organization 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 Civil Code of the Civil Code, almost always - the 45th, as well as some rules of the 854th, as well as 856-868 articles Civil Code and 36-39 articles of the law on banks.
Contribution and deposit - the same thing?
The concept of a bank deposit agreement is often associated with the term "deposit". Many citizens, as well as the representatives of the financial community themselves, understand them as synonyms. Is it legitimate? Note - there is no particular error in identifying these terms. In the environment of Russian lawyers, at the same time, the opinion is common that the "deposit" - the concept is somewhat broader than the "contribution". That is the second term - in any case, private case first. However, the "deposit" can be called not only the contribution within the framework of the relevant contract, but also an investment in securities And other assets.
Features of contribution contracts
The bank deposit agreement implies that a credit and financial organization at the time of signing documents is drawn up from a citizen of cash to the property. At the same time, the depositor preserves, as some lawyers believe, the property rights to these funds implemented by contacting the bank at any time in order to reconcile the amount equivalent to the one that was transferred in accordance with the Treaty (as well as if Provided, interest over it).
Russian lawyers allocate two possible options for designing the relationship between the bank and the client in the aspect of working with the contribution. First, the personal account can be opened in the name of the depositor, and secondly, the interaction between it and the bank can be carried out by issuing a credit and financial organization of some security.
The subject of legal relations under the Deposit Service Agreement is non-cash fundswhich are not a specific type of cash bills, and enshrined in relevant legislative sources of the right claims that can be personified from the point of view of issuing cash on the deposit or other financial transactions with them. This is the difference between the agreement on the contribution, for example, from agreements implying storage of assets in bank cells. In the second case, the client receives those bills that it placed inside the relevant storage.
Thus, from the point of view of the legislation of the Russian Federation, the contribution is not a sum of money, but the right of claim. Although, as some lawyers noted, the ownership of the deposit can still be interpreted as a real law - we noted it higher. The bank account associated with the opening of the contribution, in turn, cannot generally be understood as title of ownership rights, however, its essence should be interpreted as the content of the legal requirement of the depositor to a specific financial institution.
The difference of the deposit from the account
Consider an interesting aspect - what is the difference between the bank deposit and account agreement. Lawyers note that both phenomena refer to the number of typical banks. On many signs, they are similar. In particular, in both types of agreements between the Bank and the Client, a personal account opens, in which the cash is taken into account, and within which financial transactions are carried out. At the same time, the differences are believed to be some experts, there are quite a lot between them. Among the key:
- under the contribution contract it is implied by the Bank's return by the Customer upon the expiration of the agreement, when opening an ordinary account, such an obligation to a credit and financial organization may not be;
- an ordinary account opening agreement may be without specifying interest, the contribution is necessarily with the relevant payments.
Thus, the concept of a bank deposit agreement includes two key nuances. First, the urgency of the agreement between the client and the credit and financial organization, and secondly, the obligations of the second party to return the money to their owner after the expiration of the relevant term. These nuances cause agreements within which the account and the bank deposit agreement is serviced (the characteristics of the latter in a number of aspects coincides with the first) have all the same different sources.
At the same time, experts are noted, in the practice of work of some Russian banks, both types of documents are often combined into one through the use of legal formulations permissible in terms of regulatory legislation in their structure. That is, a variant is quite possible, in which the contribution service agreement will differ from the relevant agreement on opening an account only by the deadlines of the alleged return of funds by the Bank. If a contract is concluded serving as such a "account", then it is nevertheless issued as a "contribution", but only with a large period of action - for example 5 years.
At the same time, other terms of the agreement are formulated so that the Bank's client can freely implement the main financial operations with the "contribution" - as if it were a "score". At the same time, for most customers of credit and financial organizations, it is completely unimportant, whether the conclusion of an agreement is carried out implies de jure the opening of the "account" or "contribution". It is fundamentally, mainly for legal entities who have to be calculated using a bank account, with counterparties. In this case, the "contribution" is most likely not suitable.
Types of deposits
We noted above that the main types of bank deposit agreements are an agreement on the placement in the credit and financial organization of funds to demand, as well as "urgent" deposits. But in practice, the classification of relevant contracts is presented a much more scenario of the interaction of the depositor and the bank.
Some credit and financial organizations propose to open accounts to their customers who have signs of both "urgent" deposits and contributions "to demand". At the same time, as a rule, a schedule of possible cashing without loss of interest is determined, and writing the conditions for the extension of the agreement, etc., are stipulated and recorded. In some cases, such a scheme is valid: the depositor has the right to cash out funds with all percentages on the day of the financial transaction, if the bank warns in advance, for this week.
Types of contract of bank deposit may be quite unusual. In the global practice of credit and financial activities, options for issuing a deposit, in which the bank and the client, signing the agreement, fix the condition - to remove the cash and get interest can only be in marriage at the time of treatment will be married and can documen Confirm.
The classification of bank deposit agreements can be carried out on the basis of access to the relevant depositary account of certain persons. In general, accounts can only be used by their owner. But a variant is possible, in which the bank deposit agreement implies the opening of access to the account, for example, also for relatives of the cash holder.
Capitalization of deposits
Some banks offer their customers to discover the contribution subject to capitalization. What it is? This is, in fact, the marketing designation of the deposit with replenishment. That is, the person, issued a deposit, can periodically replenish it with cash, for which interest will be accrued (as in the case of the principal amount). At the same time, the provisions of the Civil Code of the Russian Federation do not oblige banks to always include in the contract this condition. The feasibility of concluding such agreements with clients is determined by the policy of a specific credit and financial institution.
Some lawyers pay attention to interesting fact: The fact is that to replenish the contribution, in accordance with the provisions of the 841th article of the Civil Code of the Russian Federation, maybe anyone if he has correct account details - of course, if the contract between the bank and the owner of the deposit is not specified otherwise. And if a citizen issued a contribution with capitalization, then any other person can increase funds on it.
Specifics of conclusions of contracts
How is the bank deposit agreement? Sample structure of the relevant agreement We are now studying. Above, we noted that the only permissible form of concluding a contract of bank deposit in Russia is written. Its signing must be accompanied by the following actions from the Bank:
- discovery in the name of a citizen of the deposit account;
- acceptance of cash and simultaneous enrollment on the account.
At the same time, the written form of concluding an agreement on the deposit of the Bank in practice may be accompanied by the discovery of the savings record, the design of the depositary certificate or other document, which will allow the Bank in accordance with the law to identify the client.
We now turn to the structure of the contract.
Preamble
The form of a bank deposit agreement, like most other types of commercial agreements, contains a preamble. It contains the name of the bank, the name and the position of its leader, as well as the FIO of the depositor, its passport data, the registration address. Everything is quite standard.
Subject contract
The next element that includes a bank deposit agreement (deposit) is a section reflecting the subject of the agreement between the client and the credit and financial institution.
The wording contained in it must reflect the fact that the depositor transmits the bank such a sum (indicated by both figures and in words) in such a date.
Also in the section reflecting the subject of the contract, the term (usually in months) is stipulated during which cash is placed.
The next point is interest, the conditions for their placement. Among the most common wording is "accrual only for the placement period."
The terms of deposit payments are still reflected, this can be carried out, for example, quarterly or monthly. As a rule, in the "Subject Agreement" section, it is indicated that in case of early circulation, a citizen is not accrued for money for money to deposit (or other conditions).
Another paragraph present in most contracts is that the amount of interest rate can be adjusted depending on the policy of the Central Bank, as well as government agencies The authorities regulating the banking sphere.
The section is completed, which reflects the subject of the contract, the formulation that the contribution and interest is paid to the Bank's customer only upon presentation of the person certifying the personality.
Responsibilities of the Bank
The next section, which includes the form of a bank deposit agreement reflects the duties of the bank to the client. In the spectrum of possible formulations, the following are most often found.
It is indicated that the Bank undertakes to accept funds from the depositor and store them.
One of the items may comprise the wording that a credit and financial organization undertakes to make a contribution, as well as to issue a documentary confirmation to the client, then the cash is obtained in such a sum.
Among other possible formulations of this section - on the implementation by the Bank the instructor's instructor's guidelines regarding non-cash settlements from the deposit - if this is provided for by the terms of the agreement.
Another common point in the contract reflecting the duties credit organization - On the return of the deposit on the first request of the client.
Depositor Rights
The next section, which contains a bank deposit agreement, the sample of the structure of which we are now studying, reflects the client's rights. Among the key, which is present in most relevant agreements: the right to dispose of the deposit personally or by proxy, to receive income from interest, carry out non-cash operations.
Account duties
The next section, which, as a rule, is contained in the contract on the opening of the contribution, reflects, in turn, the duties of the client. Among the most common wording: the transfer of funds to the bank in such a sum, notification of the credit and financial institution about the intention to extend the deposit period, in some cases - to warn the bank in writing about the upcoming desire to terminate the contract.
Contract time
The parties of the bank deposit agreement also record the validity of the relevant agreement. As a rule, the wording used here implies that the document comes into force at the time of its signing and is valid until the depositor will be returned to the entire amount and interest. Sometimes this section marks that front refund The deposit and interest cannot be made at the initiative of the Bank, but only on the fact of the written conversion of the depositor.
Resolution disputes
Another section that complements in some cases the terms of the bank deposit agreement - on dispute resolution. As a rule, the wording is indicated here, reflecting the fact that such situations are solved in the manner established by law. Sometimes the Bank includes this section that any issues related to the deposit service can be solved by contacting the credit and financial organization on a similar address or telephone.
If the client arrange the terms of the bank deposit agreement offered by the Bank in the relevant wording, it can put its signature. Nearby will be located similar props, as well as printing from a credit and financial organization.
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