The form of the document "A contract of bank deposit (sample)" refers to the heading "Banking Agreement, Deposit Treaty". Save the link to the document on social networks or download it to your computer.
bank deposit
______________ "___" ___________ 20__g.
________________________________________________________________________,
(Credit Organization Name)
we call __ in the future "Bank", represented by _________________________________,
(Position, Full name)
acting on the basis ______________________________________________,
(charter, position, power of attorney)
on the one hand, and _________________________________________________,
(Name of the organization, Fm.o. Citizen)
we call __ in the future "depositor", represented by _____________________________,
(Position, Full name)
acting on the basis of ____________________, on the other hand,
conducted this Treaty on the following:
1. The Subject of the Agreement
1.1. Under this Agreement, the Bank accepts received from the Depositor
(from ____________ for the contributor) Monetary amount (contribution) in the amount
Rubles (US dollars), undertakes to return it
"___" ____________ 20__. Or early to the first requirement of the investor on
conditions and in the manner prescribed by this Agreement.
1.2. During the term of the contract, the Bank is not entitled to
one-way to change the amount of interest for the use of the contribution.
1.3. The right to attract funds into deposits
License Bank ______________________________
relevant license).
2. Rights and Obligations of the parties
2.1. The bank undertakes:
store cash contributors in the amount of __________
rubles (US dollars) on the open contributor to the deposit account n
__________________;
return accepted cash on the expiration day
the actions of the contract or on the first requirement of the depositor early;
to pay the depositor to the use of its funds in a timely manner
remuneration in the amount __% per annum from the amount made. Terms for
accruals and payments of remuneration are set:
__________________________________________;
return the deposit amount after the first requirement of the depositor
ahead of time and pay him a reward in size in this case
provided for demand to demand;
ensure the preservation of cash transferred by the Depositor of the Bank of Cash.
2.2. The contributor undertakes to list (deposit in cash
money) the bank specified in this contract in
the course of __________ days from the date of the conclusion of the contract.
3. Term of the contract
3.1. The term of the contract: with "___" ____________ 20__
"___" ____________ 20__
3.2. Before completion by the parties to the fulfillment of their obligations,
arising from this agreement, relevant terms of contract
keep your strength.
4. Responsibility of Party
4.1. When delayed by the bank of accrual and interest payments for
use of the contribution, the bank pays the deposit to the penalty in the amount of __% of
unpaid amount for every day of delay.
4.2. If the obligations to return the deposit amount and
percentage of contribution to the first requirement of the depositor Bank is obliged to pay
Depository penalty in the amount of ___% for each day of delay and compensate
depositor losses in a part not covered with a penalty.
4.3. Responsibility of Parties not provided for in this
agreement, are determined in accordance with civil law
Russian Federation.
5. Resolution disputes
5.1. Disputes and disagreements that may occur when performing
this Agreement will be allowed to be resolved by negotiation
between the parties.
5.2. In case of impossibility of resolving disputes by negotiation
parties convey them to _____________ (specify the place
after finding a court).
6. Addresses and bank details of the parties
Bank: ______________________________________________________________
Depositor: ______________________________________________________
This Agreement is drawn up in two copies in Russian. Both
copies are identical and have the same force. Each party
there is one instance of this contract.
Signatures of the parties
Bank ______________________________________ M.P.
Depositor ______________________________________ M.P.
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Attached file:
The contribution of Sberbank contributes to all important items that determine the rules for posting money. The signed treaty is a legal document, which imposes certain obligations to the signatories.
Description of the contract of the contribution of Sberbank
The contribution agreement and its sample can be studied in advance, to a hike to the bank. It will help you calmly understand its positions and penetrate into the details. Those items that will cause you questions can be discussed more carefully with a bank employee when visiting the department. What is worth paying attention to, studying a sample of the Sberbank standard contract.
Basic provisions
Sberbank's contribution agreement contains points that describe all the conditions of the deposit, namely:
- Deadlines;
- The possibility of prolongation;
- Rights and obligations of the parties;
- Force majeure;
- The procedure for placing funds;
- Terms of termination at the end of the term and early;
- Interest rates: size, payment method, accrual frequency;
- Rates acting in case of early termination and recalculate them, if it is provided.
The conditions for managing money on the R / S Deposit are also spelled out in the contract. It reflects the possibility of partial removal, replenishment, restrictions on these operations, the impossibility of their implementation on a specific contribution.
In addition to these items, the bank details and the depositor data are indicated, the responsibility of the parties. With the terms of placement of the contribution can be found here.
It is important to know that when placing online deposits, the paper form of the contract does not apply. An additional visit to the bank is not required for its signing.
Sample document
The potential investor has the ability to familiarize themselves with the type of deposit in advance. This can be done in the Personal Account, where the online form is similar to the subscribed in the bank. Or see a sample contract of the deposit of Sberbank here.
If any items are incomprehensible, then you can consult with a lawyer or a bank employee. When making a contribution to a potential depositor, you will need to specify personal data and present a document certifying the person (passport of a citizen of the Russian Federation).
Conclusion
The contract of deposit of Sberbank provides for all items that relate to the placement of funds on the deposit. The exact indication of the rights and obligations of the parties eliminates any misunderstanding between the bank and the client.
02.01.2019
A typical bank transaction is a bank deposit agreement, a bank account. Often it is believed that this is one type of contract, especially since they have similar general signs of design and content. Thus, in both treaties, the depositor (client of the bank) of the bank account occurs.
The funds received from the depositor are not stored on this account, but only accounted for. With him, at the direction of the client, the Bank produces appropriate calculations. This serves as a basis for approval on the application of the provisions of the bank account agreement to the bank deposit treaties. However, on this, their similarity is completed, the treaties are considered independent civil legal agreements.
Differences of contractsThe differences in these contracts are as follows. 1. Relationships on the banking contribution can legally be decorated in two options:
2. The concept of a bank account includes various types of accounts. Therefore, the relations between the bank and the contributor on which the contribution was made are applicable rules on the bank account agreement, if something else is not provided for in the bank deposit agreement and does not contradict him. In accordance with the Banking Deposit Treaty (Deposit), one Party (Bank), accepting the amount received from the other side (contribution) (contribution), assumes the obligation to return this amount and pay interest on it in the manner and in accordance with the conditions provided for in it contract. The contract is real, since when it is conclosed, the bank deposit is transferred, as well as compensated and unilaterally obliging. If a citizen is acting as a depositor, the bank deposit agreement is recognized as public. Parties and shape of the contractThe parties to such a contract is the Bank (sometimes a different credit organization), as well as a physical or legal person, which is referred to as the depositor. In order to accept deposits, the bank should have a license to attract funds into deposits. This is determined by paragraph 2 of Article 136 of the Law "On Banks and Banking". Also, the law enshrines that the bank deposit agreement is the only form of attracting deposits. To attract funds into deposits from individuals is entitled only to banks that work at least two years. The bank deposit agreement must be concluded in writing. In case of non-compliance with the form, the deposit agreement is considered insignificant. However, the written form can be considered observed not only when the parties sign a single document, but also in cases where the contribution is certified by a savings book, a deposit or savings certificate, another document that meets the banking rules, the requirements of the legislation and customs of business turnover. The main elements of the contractSubject. It is said about the amount accepted, the obligations to pay interest and the availability of the necessary license. Rights and obligations of the parties. Generally refers to the rights and obligations of the bank and the depositor. Contract time. The beginning and end of the contract is indicated. Responsibility of the parties. The bank's responsibility is referred to for the delay in interest and interest payments, for non-fulfillment of obligations to return the deposit amount. Resolution disputes. It is said that disputes are resolved through negotiations between the parties. Addresses and bank details of the parties. Types of bank depositsThe main division of contributions to the species is provided for in Article 837 of the Civil Code of the Russian Federation and is determined by the deadline for their return. According to this feature, deposits may be poste restante or urgent. Also deposits can be divided by the personality of depositors to:
In addition, deposits may be decorated. in favor of the depositorand in favor of third parties. C. spruce destination Deposits may be to the birth of a child or to achieve a specific age, to marriage, pension and others. Rights and obligations of the parties to the contract of bank depositAfter the depositor gives the Bank a specific amount of the contribution, it receives the right to demand the return of this amount and paying certain interest. The Bank undertakes to return to the depositor to the deposit amount and pay interest on this amount in the amount established by the Treaty. Interest is paid to the depositor for the use of its cash. The percent size of the party is determined in accordance with bank tariffs, which depend on the term and the amount of the contribution. Even if there is no such condition, the contract is not free. In this case, the interest rate is determined on the basis of the accounting rate of the bank interest, which exists at the place of residence of the depositor. The bank charges interest from the next day after the contribution to the bank, and until the day of his return to the depositor or write off for other reasons. In accordance with paragraph 2 of Article 837 of the Civil Code of the Russian Federation, the Bank must issue a contribution or part of the depositor's first requirement regardless of the type of contract of the bank deposit (up to demand or urgent). During the conclusion of the Agreement, the Bank must provide the Depository information on how the deposit return will be ensured. It should be borne in mind that ensuring the return of the contribution is different for citizens and legal entities. Ways to ensure the return of the contributions of legal entities are determined by the agreement itself. The contributions of citizens in accordance with the Federal Law "On Insurance of Deposits of Individuals in the Banks of the Russian Federation" are subject to mandatory insurance. Sample bank deposit agreement
Download a sample of a bank deposit agreement According to the Bank Account Agreement, the Bank is obliged to accept and enroll the cash funds to the account, which is open to the Client, to fulfill the Order of the Client about issuing and transferring relevant amounts from the account and conduct other account operations. According to its legal nature, the bank account agreement is compensable, bilateral, consensual and public. The bank, being an organization formed to conduct banking operations, is not entitled to refuse to the Client (for a few exceptions) in concluding a bank account agreement. The terms of the contract are the same for all customers of the bank. Parties to the TreatyThe Parties to the Bank Account Agreement are referred to as "Bank" and "Client". A bank is considered a legal entity carrying out banking operations as an exclusive type of activity. Banking operations can also conduct non-bank credit organizations, but the list of operations carried out is limited. To carry out banking operations, any credit institution should have a license of the Bank of Russia, containing a list of permitted operations. The main sections of the contractThe subject of the contract, the rights and obligations of the parties. It is referred to opening the customer of the current account, as well as the duties of the bank and the client. Responsibility of the parties. The issues of the bank's responsibility are revealed to the client for the correctness and timeliness of accounting operations and compliance with bank secrecy. As well as the liability of the client for the accuracy of the documents. Contract time. It is indicated that the contract is valid since its signing, and the term of its ending is indicated. Additional conditions. This section refers to the conditions of termination of the contract at the request of each party. Resolution disputes. Disputes and disagreements under the contract are resolved through negotiations, and in case of impossibility - through the arbitration court. Addresses and bank details of the parties Rights and obligations of the partiesThe bank has the right to use the funds that are on the customer's account. For this, he pays the client interest, the sum of which may not be specified. If there is no agreement on the amount of interest, it must comply with the interest that the Bank pays on demand deposits. By concluding a bank account agreement, the bank should, on time defined by the Agreement, to open the account of the Client. In the future, the bank's responsibility includes the commission of operations, which are determined by the parties in the bank account agreement. All banking operations make up two groups: crediting funds to the account and their write-off from the account. The bank's responsibility includes crediting funds that have been received by the Client's account. Their receipt is possible from the client itself (cash withdrawal, translation from another account); on behalf of the client (posting the payment request or other document on the collection); Without the order of the client (money from his counterparties). The Bank is obliged to write off funds from an account on behalf of the Client. He can entrust the bank transfer of funds:
The basis for writing funds can serve as notes, payment orders, checks. The bank is also obliged:
The account owner must within 10 days after receiving statements in writing to inform the bank about the amounts that are mistakenly recorded on credit or debit accounts. If the client's objection period was not received, perfect operations and the balance of funds on the account are confirmed. Types of bank accountsDepending on the amount of calculated account operations, there may be calculated, current and special (budgetary, currency, deposit, loan). Object account may be ruble and currency. Depending on the composition of the subjects of the account agreement, divided into interbank and client. For the use of technical means, which are drawn up by the relations of the parties under the contract, is possible card accounts. Bank cards may be issued calculated, current and part of special accounts. Conditions necessary to terminate the contractThe bank account of the client application may be terminated at any time. If something else is not provided for by the contract, when there are no funds for two years on the customer's account and operations on this account, the Bank has the right not to fulfill the bank account agreement, but only writing a client about this. The contract is considered terminated two months after the direction of warning by the Bank, if the Country Account did not receive funds during this time. In connection with the request of the Bank, the bank account agreement may terminate the court in the following cases:
The remaining cash is issued to the client or on its instructions are transferred to another account no later than seven days after receiving the written application of the Client. Sample bank account agreement
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The contribution is money placed in banks by citizens and organizations. The legal nature of the bank deposit agreement in the legal doctrine is recognized as a borrowed commitment (the debtor, that is, the bank is obliged to pay for the use of the depositor's money, accruem interest).
The contribution agreement with citizens is public, in connection with which it is a bank with all citizens on equal terms. Relations are issued in writing (Art. 836 of the Civil Code of the Russian Federation) in one of the following forms:
- as a unified document being signed by the parties;
- savings book or certificate;
- another document issued by the Bank and meets the requirements of the law.
What, according to the bank deposit agreement, the Bank has the right and what is obliged to do
After making a customer of money to the bank's account, the bank appears:
- on the return of funds made in the agreed period;
- pay interest due in the amount established by the contract if all the conditions were followed by the depositor.
At the same time, the Bank has the authority to lower the amount of interest if the contributor did not fulfill its obligations, for example, closed the contribution and took the money before the term, including in the event of a customer's money unclaimed after the end of the prolonged contract (see the decision of the World Judge of the Judicial Page No. 26 of the Samara Region 01/23/2015 in case number 2-2 / 15).
Questions of proper fulfillment by the Bank are subject to the general standards of the Civil Code of the Civil Code of the Russian Federation, detailed information on which can be obtained by reading the articles fulfillment of obligations under the contract according to the Civil Code of the Russian Federation and the improper fulfillment of obligations is a concept.
Bank account agreement: a bank deposit ratio
Relations arising from the bank account agreement are regulated by ch. 45 Civil Code of the Russian Federation. At the same time, its rules apply to relationships on the account, to which the contribution is credited (paragraph 3 of Art. 834 of the Civil Code of the Russian Federation).
Bank deposit is used to save and increase their capital, and the bank account agreement has the main purpose of making non-cash operations, such as:
- reception and enrollment;
- translations;
- write off;
- other operations.
Such a nature of the contract allows us to rank it to the contracts for compensated service provision.
So, sample bank deposit agreement It can be designed as a single document being signed by the parties, as well as in the form of a savings or certificate. Bank contribution is actually a bank loan by the bank from the investor, the bank account agreement is to make non-cash transactions with money. At the same time, the norms on the bank account agreement are applied to the account of the depositor.
The bank deposit is quite popular among the Russian population, because it occurs everywhere, and allows you to get some profits from your own funds.
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At the same time, it is important to properly compile and sign a contract so that it is legal from the point of view of the law and could prove the availability of business relations between the bank and the depositor.
Therefore, it is important to learn how to design a bank deposit agreement in 2019, since in general the contract does not change, but some details may differ.
It is also necessary to ensure that the contract is properly compiled so that the information is correct and the corresponding reality information.
After all, the signing of the Agreement confirms the acquaintance of the client with the terms of the transaction and in the future it will be the reason for appealing to court if any rights or conditions were violated.
Therefore, the client, before signing paper, should familiarize himself with its content and ask questions, if any of the points seemed controversial.
Total moments
The contract compiled upon deposit necessarily contains information on the amount of the deposit, interest and other nuances of a particular transaction.
For the agreement to be correct, you must specify all the necessary data of the parties. In the case of the Bank of the Count, necessary for its data, has already been completed and the client needs only to check the introduction of its information into the necessary graphs.
And of course, if you want to pick up the money after a certain period, you should take care that the agreement does not have the provision on the prolongation of the contract after the end of the previous one.
What it is
A bank deposit is a certain amount of money, which, after opening the program, goes into temporary use of the Bank and is used by them for their own purposes.
Usually contributions make up most of the main working capital, and thanks to them, banks have the opportunity to carry out all the necessary financial activities.
Therefore, the conditions for opening deposits are very democratic and allow you to take advantage of this majority of people who have enough money.
So, the contribution allows people to make money on their own money, and at the same time without fear of losing them. And the funds made to the bank are protected not only by law, but also the insurance program.
Which is provided by the state and in the future, in case of unforeseen circumstances, the contribution will be compensated from state funds in full, or partially.
Insurance of deposits is a mandatory procedure for individuals, which is to pay the contribution in the event of difficulties or any turmoil.
When making a transaction, information about insurance is usually indicated in the contract itself, or is on separate sheets, but also in that, in another case, the client has the full right to familiarize themselves with the terms of insurance.
For what purpose is signed
The contract should be formed to protect the client, which gives money to the bank, because the bank itself does not lose anything, but then the client will then be difficult to prove the presence of any movement of money if the agreements prepared on the legislative pattern will not be prepared and signed.
Therefore, the contract is very important, since its conditions will influence further, and it will be.
For example, the contract is found in, but at the legislative level it is necessary to use all banks.
The contract is approved by both parties and comes into force immediately, therefore, before the signature, as the most important stage of registration.
It is necessary to check the information specified in the contract once again and refine controversial or simply the incomprehensible moments of the consultant, but it will not hurt to familiarize yourself with the regulatory legislation in order to accurately understand all the features and key points of the deposit.
Legal base (Civil Code of the Russian Federation)
Starting from the contract, and ending with the definitions of a savings book and deposit certificate. Thus, information is disclosed on the contract made in the opening of the contribution.
It indicates that if a citizen is a contributor, the treaty is a public document, and legal entities cannot transmit deposit to other persons.
Article 838 describes the interest. According to the law, the rate is charged in size, which is specified in the signed contract, but interest can change.
Essential conditions
Terms of the transaction in the contract must be spelled out clearly. It is best to start exploring the agreement from items:
- about the interest rate and method of its accrual;
- about fines for violation of the terms of the transaction;
- regarding the terms of termination of the contract.
These moments will help to understand the main focus of the transaction and those laws that should be adhered to for successful cooperation. Here you can find the pitfalls that should be avoided.
Responsibility of side
The contract must necessarily have a paragraph that tells about the basic provisions on the responsibility of the Agreement of the Agreement. In the case of the contributor, this may be responsible for the early termination of the contribution.
For the bank, the main responsibility is the preservation of cash depositor and mandatory deposit insurance.
Their rights and obligations
The following provisions can be attributed to the depositor rights:
- place funds;
- terminate the contract until the deadline;
- get the benefits of placing funds in the procedure established by the contract.
As responsibilities, the obligation to place funds on the deposit account and compliance with all the conditions of the contribution.
As for the banking organization, it can:
- dispose of non-cash funds at their discretion;
- offer your placement conditions for the depositor.
But the responsibility list includes the return of funds after the expiration of the contribution and payment of interest.
Judicial practice by agreement
If there are provisions in the contribution contract that violate the rights of the depositor, it may submit to the banking organization. Such cases arise on the basis of the improper calculation of the interest rate.
In accordance with the legislation of Russia, it is possible to remove the point from the contribution agreement, which violates the rights of one of the parties to the Agreement.
But if the calculations meet all standards, then cancel low rates and achieve the recalculation of payments will not work.
Therefore, it is best to hire a specialist who will be able to analyze the contract and conclude - whether there are violations in a specific contract.
How termination is carried out
If you need to terminate the contract, then such an operation is carried out directly in the branch of the banking organization.
To remove funds from a deposit account, you should write appropriate.
Frequently asked Questions
The design of the contract for deployment is associated with many legal terms and provisions. Therefore, different kinds of different kinds often arise with which you should immediately understand.
Can this species be free
Contribution to a banking organization is at its essence investment in a specific bank. Using nested funds, the institution makes a profit and develops its business.
Therefore, according to the legislation, the banking organization must pay the depository of remuneration.
In the banking sector, interest rates are always used to quickly determine income from the contribution.
Even in the case of early termination, a demand rate is charged, which is 0.1% and is a nominal remuneration.
What responsibility for violation is the contributor
With different violations of the contribution agreement, sanctions against the contributor can be applied. The only condition of the contract that the client can disrupt is to terminate the transaction ahead of schedule.
For this, responsibility is provided directly to the terms of the contract. Therefore, it is necessary to specify the provisions in advance that this situation will be regulated during the transaction.
The conclusion of the deposit agreement is an important part during the design of the transaction. And all documents are worth paying special attention.