12.03.2020

153 and account opening instructions. Basic regulatory acts in banking. Dear Garegin Ashotovich


Based Federal Law of July 10, 2002 No. 86-FZ "On Central Bank Russian Federation (Bank of Russia) "(Meeting of the legislation of the Russian Federation, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25 ; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art . 2311, Art. 2317), Federal Law "On Banks and banking activities"(As amended by the Federal Law of February 3, 1996 No. 17-FZ) (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, No. 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art . 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, ST . 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880 ; No. 29, Art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; Number 31, Art. 4333; No. 50, Art. 6954; № 53, Art. 7605, art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; № 27, art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; № 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311, art. 2317) (hereinafter referred to as the Federal Law "On Banks and Banking Activities"), Federal Law of August 7, 2001 No. 115-FZ "On Countering Legalization (Laundering) of Revenues received by criminal means and financing of terrorism" (Meeting of the legislation of the Russian Federation, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010 , No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, Art. 2315, Art. 2335) (hereinafter - Federal Law No. 115-FZ), parts of the second Civil Code Of the Russian Federation (meeting of the legislation of the Russian Federation, 1996, No. 5, Art. 410) and in accordance with the decision of the Board of Directors of the Bank of Russia (Minutes of the Board of Directors of the Bank of Russia dated May 29, 2014 No. 18) The Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions, the Bank of Russia (hereinafter banks) of bank accounts, deposit accounts (hereinafter - accounts) to legal entities, individuals, individual entrepreneurs, individuals engaged in the procedure established by the legislation of the Russian Federation by private practice, as well as courts, service units bailiffs, law enforcement agencies (hereinafter - customers) in the currency of the Russian Federation and foreign currencies.

This manual does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and referendum, accounts opened in the territory of the Russian Federation of separate departments of credit institutions created in accordance with the legislation of the Russian Federation, as well as accounts, open on other grounds other than the contract bank account, deposit (deposit), deposit account.

Chapter 1.
General provisions

1.1. The opening of accounts to accounts is made by banks subject to the presence of legal capacity (legal capacity).

In accordance with paragraph 5 of Article 7 of the Federal Law No. 115-FZ, credit institutions are prohibited from opening bank accounts, accounts for individuals without the personal presence of a person who opens a bank account (account on the contribution), or its representative.

Operations on the accounts of the relevant type (account mode) are governed by the legislation of the Russian Federation and are manufactured in the manner prescribed.

1.2. The basis of the opening of the account is the conclusion of an agreement between the relevant type and submission to the opening of the account of all documents and information defined by the legislation of the Russian Federation, provided that in order to implement the Federal Law No. 115-FZ:

customer identification, his representative, beneficiary;

measures based on the identification of beneficiary owners, except for the identification of beneficiary owners, except in cases provided for by Federal Law No. 115-FZ, when the identification of beneficial owners is not carried out.

The credit organization on the basis of paragraph 5 of Article 7 of the Federal Law No. 115-FZ refuses to the Client in concluding a bank account agreement, the contribution (deposit), the deposit account, unless the documents necessary for the identification of the client and the representative of the client are not presented.

In accordance with paragraph, the second paragraph 5.2 of Article 7 of Federal Law No. 115-FZ, if there are suspicions that the purpose of opening an account is to perform operations in order to legalize (laundering) of income obtained by criminal, or financing terrorism, a credit organization in accordance with the rules Internal control is considering the question of the presence of grounds for refusing to conclude an agreement of the corresponding view.

The client can open several accounts on the basis of one account of the account of the corresponding form, if it is provided for by the contract concluded between the bank and the client.

1.3. The opening of the account is completed, and the account is open with an entry on opening an appropriate personal account in the registration book open accounts.

An entry on the opening of the personal account must be entered into the book of registration of open accounts no later than the working day following the day of the conclusion (or entry into force) of the account of the account of the corresponding view. This entry can be entered in the book of registration of open accounts simultaneously with the conclusion of the agreement of the corresponding view.

In the case of opening a client account within a single contract, providing for the possibility of opening several accounts based on the additional application of the Client on opening an account, a record of opening an appropriate personal account must be entered into the open account registration book no later than the working day following the day of receiving the Bank's Custom Bank about opening an account. If the client's appeal on opening an account contains an indication of a certain opening date of the account, a record of opening an appropriate personal account must be included in the book of registration of open accounts no later than the working day following such a date, but not earlier than the day of receiving the Customer's Creation Bank accounts. The Bank is obliged to have a documentary confirmation of obtaining a client's request for opening an account, whose fixing methods are determined by the Bank in banking rules and (or) the contract.

The basis of the closing of the account is to terminate the account of the account of the relevant type in the manner and cases provided for by the legislation of the Russian Federation or the Agreement of the Parties.

The closing of the account is made by making a record on closing the appropriate personal account in the open account registration book.

In the case of closing one of the accounts open within the framework of one contract concluded between the Bank and the Client, the recording on the closure of the relevant personal account should be included in the book of registration of open accounts no later than the working day following the day of receiving the Customer's Customer Custom Bank The legislation of the Russian Federation has not been established otherwise. If the closing of the closing of the account contains an indication of a certain account closing date, a record of closing the relevant personal account must be included in the open account registration book no later than the working day following such a date, but not earlier than the day the Bank's Customer Application Bank accounts. The Bank is obliged to have a documentary confirmation of the receipt of the Customer's application on closing the account, whose fixation methods are determined by the Bank in banking rules and (or) contract.

It is not closing an account introduction to the registration book of open accounts on the closing of the personal account in connection with the change in the personal account number, due to the requirements of the legislation of the Russian Federation, as well as the regulatory acts of the Bank of Russia (in particular, due to the reorganization of the client or serving it credit organization, changes in the order of reference accounting, changes in accounting accounts plan).

Records in the book of registration of open accounts are made in the manner prescribed by the legislation of the Russian Federation and banking rules.

1.4. In order to organize work on the opening and closing of accounts, a credit institution accepts banking rules in accordance with Chapter 11 of this Instruction.

From among their employees, the Bank determines officials responsible for working with clients on the opening and closing of accounts to clients (hereinafter referred to as the Bank's officials), having established them with relevant job rights and obligations with which they must be familiar with the painting.

1.5. Bank officials carry out the documents required to open the account of the relevant type, verifying the proper registration of documents, the completeness of the information and their accuracy in cases and in the manner prescribed by this Instruction, on the basis of the documents received, check the availability of legal capacity (legal capacity), as well as perform other functions provided for by this instruction, banking rules and job description. At these purposes, the Bank officials interact with customers and their representatives request and receive the necessary information.

Bank officials can be authorized to identify the client, a customer representative, beneficiary, to make measures and affordable measures to identify the beneficial owner.

Bank officials may be authorized to execute in the manner established by clause 7.10 of this Instruction, a card with sample signatures and printing (hereinafter referred to as the card).

1.6. The credit institution is obliged to update the information received when identifying customers, representatives of customers, beneficiaries and beneficial owners, in the manner prescribed by the legislation of the Russian Federation.

1.7. Before opening an account, the Bank should establish whether the person acting to open an account, on his own behalf or on behalf of the other person, which will be a client.

If the person appealed for opening an account is a representative of the Client, the Bank is obliged to establish the identity of the representative of the Client, as well as to receive documents confirming the relevant authority.

The bank should also establish the personality of the person (persons), endowed with the right of signature, as well as persons (persons) authorized (authorized) disposal cashOn the account, using the analogue of the personnel signature, codes, passwords and other means confirming the presence of these powers (hereinafter referred to as an analogue of its own signature).

1.8. The bank is obliged to have copies of documents certifying the identity of the client, as well as persons whose personalities need to be established when opening an account, or information about their details: a series and document number, document issuing a document, the name of the body issued a document and the division code (if any) (hereinafter referred to as the details of the identity document).

When making a copy of a document certifying the identity, it is allowed to copy individual pages containing required bank intelligence.

The information set by the bank before opening an account, including information on the client, its representative, beneficiary and the beneficiary owner should be documented in accordance with the requirements established by the legislation of the Russian Federation.

1.9. In case of changes in information to be established when opening an account, customers are required to submit to the bank required documents (copies of their) confirming the change in information data.

1.10. The Bank is obliged to systematically update customer information to be established when opening an account, as well as on persons whose personalities need to be installed when opening an account, in the manner prescribed by banking rules.

1.11. To open an account to the bank, the originals of documents or their copies, certified in the manner prescribed by the legislation of the Russian Federation, are presented.

In the cases provided for in the banking rules, the documents submitted by the Client - a legal entity when opening an account can be certified in the manner prescribed by sub-clause 1.11.1 of this paragraph. In cases provided for in the banking rules official Bank (otherwise authorized Bank Personal) can be made and certified copies from the documents submitted when opening an account, in the manner prescribed by subparagraph 1.11.2 of this paragraph.

1.11.1. Copies of documents certified by the Client - a legal entity are accepted by the Bank, subject to the establishment of the Bank's official (another authorized by the Bank) of their compliance of the Originations of documents. A copy of the document certified by the Client - a legal entity must contain the name, name, patronymic (if available), the name of the position of the person who assured a copy of the document, as well as its own signature, the date of assurance and printing of the press (with its absence - the client) of the client.

On the document adopted from the client - a legal entity of the Bank's copy of the document or another authorized by the Bank, who is a bank employee, lies the mark "Created with the Original", indicates its last name, name, patronymic (if any), position or details of the document certifying Personality, and also puts the personnel signature, the date of assurance and print print or the stamp established for these purposes by the bank.

On the document adopted from the client - a legal entity, a person who was not an employee of the Bank, which is not an employee of the Bank, stimulates its name, name, patronymic (if available), the details of the identity document, and also stipulates its name Predupless signature, date of assurance and print print or stamp set for these purposes by the bank.

1.11.2. The official officer of the bank (other person authorized by the Bank) has the right to assure copies of the documents submitted by the Client (his representative) to open an account, both on paper, and in in electronic format. Copies of the documents submitted by the Client (his representative) to open an account can be manufactured by the Bank's official (other authorized by the Bank) in electronic form and is certified by the analogue of its own signature in the manner and cases installed by the Bank in banking rules.

A bank official or other Bank authorized person who is an employee of the bank, puts a copy of the "copy of the right" on the copy of the document on paper, name, patronymic (if any), position or details of the identity document, and also stipulates his own Signature, certification date and print print or stamp set for these purposes by the bank.

The person's authorized person who is not an employee of the bank, puts a copy of the "copy of the right" on the copy of the document on paper on paper, name, patronymic (if any), details of the identity document, and also stipulates his own signature, certification date and print print or stamp set for these purposes by the bank.

1.11.3. In the cases provided for in the banking rules, cases of the Client's account - a legal entity to the Bank may seem to be a certified extract from internal documentsgenerated in its activities, or certified extract from documents directly related to activities this client - legal entity and formed in activities legal entities (authorities), in the conduct of which is (with which the subordinate) client is a legal entity.

Extract from the internal documents submitted in the client's activities - a legal entity may be certified in the manner prescribed by the legislation of the Russian Federation, or is certified by the Client - a legal entity with the name of the name, name, patronymic (if any), the position of the person who assured the statement as well With an empty of its own signature, the date of assurance and printing of the print (with its absence - the stamp) of the client is a legal entity.

Extract from documents directly related to the client's activities - a legal entity and formed in the activities of legal entities (authorities), on which the client is underway, the client can be certified in the manner prescribed by the legislation of the Russian Federation, or is certified a legal entity (authority), in the conduct of which is (which is subordinated), with the name of the surname, name, patronymic (if available), the position of the person who assured the statement, as well as with an empty of his own signature, the date of assurance and print printing ( Its absence is a stamp) of a legal entity (authority), if another procedure for assuming discharge from documents is not determined by the relevant legal entity (authority).

1.12. To open an account, the Client is obliged to submit documents provided for in this Instruction, as well as other documents in cases where the legislation of the Russian Federation, the opening of an account is due to the availability of documents not specified in this Instruction. The Bank has the right to not require the submission of those documents that are in the Client's legal entity, formed in accordance with Chapter 10 of this Instruction.

The representative of the client, the persons authorized to dispose of cash on the account, using the analogue of his own signature, and the person entrusted with the right signature are required to submit an identity document, as well as documents confirming the availability of appropriate authority.

In cases and in the order provided for in the banking rules, the card may not be submitted when opening an account, provided that:

the contract provides that the operations on account are carried out solely on the basis of the order of the Client (the beneficiary of the ESCRO account), and the orders required for conducting banking operation, compiled and subscribe to the bank;

the contract provides that the disposal of cash in the account is carried out exclusively using an analogue of its own signature;

opening the physical person of the current account is made to carry out operations exclusively using electronic means payment;

neither the deimenter of the Eskrow account nor the beneficiary of the Eskrow account is not entitled to dispose of funds in the Eskrow account.

In cases established by this Instruction, instead of a card, an album of sample signatures of persons authorized to manage funds on the account (hereinafter referred to as an album), in the form established by the contract or customs.

1.13. All documents submitted to open an account must be valid for the date of their presentation.

Documents drawn up in whole or in any of their part in a foreign language (with the exception of documents certifying individualsissued by the competent authorities of foreign states compiled in several languages, including Russian), are submitted to the bank with a properly certified translation into Russian.

Documents issued by the competent authorities of foreign states confirming the status of legal entities - non-residents are made by the Bank, subject to legalization in the prescribed manner or without legalization in cases provided by international treaties of the Russian Federation.

The requirement to submit to the Bank of documents with a properly certified translation into Russian does not apply to documents issued by the competent authorities of foreign countries, identifying individuals, subject to the presence of a document confirming the right to stay (residence) in the Russian Federation.

In cases and in the manner provided for in the banking rules, the Bank's official (other employee of the Bank), having a (having) degree (qualification), which provides for the possibility of performing the translator functions in the relevant foreign language (relevant foreign languages), has the right to be carried out for use in the Bank Translation into Russian documents required for submission to the bank in order to open an account drawn up in a foreign language. The translation should be signed by a person who has been translated, indicating his position or details of the document certifying his identity, surname, name, patronymic (if any) and its existing degree (qualifications).

1.14. Documents (copies of their) collected by the Bank to open an account are placed in a legal entity formed in accordance with the requirements established by Chapter 10 of this Instruction.

Documents (copies of their) in electronic form on the opening of an account are stored in the manner prescribed by banking rules with the requirements of paragraph 10.6 of this Instruction.

Chapter 2.
Types of accounts

2.1. Banks are opening in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; Correspondent accounts; correspondent subaccount; bills trust management; special bank accounts; Deposit accounts of vessels, divisions of the service of bailiffs, law enforcement agencies, notaries; deposit accounts (deposits).

2.2. Current accounts are open to individuals to carry out operations that are not related to entrepreneurial activities or private practice.

2.3. Settlement accounts are opened with non-credit organizations, as well as individual entrepreneurs or individuals involved in the procedure established by the legislation of the Russian Federation by private practice, to carry out operations related to entrepreneurial activities or private practice. Estimated accounts are opened by representative offices of credit institutions, as well as non-commercial organizations to carry out operations related to achieving the goals for which non-commercial organizations Created.

2.4. Budget accounts are opened in cases established by the legislation of the Russian Federation, legal entities engaged in budget operations budget system Russian Federation.

2.5. Correspondent accounts are opened by credit institutions, as well as other organizations in accordance with the legislation of the Russian Federation or the International Treaty. The Bank of Russia opens correspondent accounts in foreign currencies.

2.6. Correspondent subaccounts are opened by branches of credit institutions.

2.7. Trust management accounts are opened by a trust manager for carrying out operations related to trust management activities.

2.8. Special bank accounts, including special bank accounts of a bank payment agent, bank payment subagent, payment agent, supplier, trading bank account, Clearing bank account, payment system Warranty Fund account, Nominal account, Escrow account, Secure account, special bank account debtor Opened to legal entities, individuals, individual entrepreneurs, individuals involved in the procedure established by the legislation of the Russian Federation by private practice, in cases and in the manner prescribed by the legislation of the Russian Federation to implement the operations provided for by them.

2.9. Deposit accounts of vessels, divisions of the bailiff service, law enforcement agencies, notaries are opened, respectively, courts, divisions of the bailiff service, law enforcement agencies, notaries for crediting funds entering a temporary order, in the implementation of the activities established by the legislation of the Russian Federation and established by the legislation of the Russian Federation Cases.

2.10. Accounts on deposits (deposits) are opened according to individuals and legal entities to account for funds placed in banks in order to obtain income in the form of interest accrued on the amount of placed funds.

Chapter 3.
Opening the current account to the physical face

3.1. To open the current account, a physical person - a citizen of the Russian Federation to the bank seems:

d) certificate of registration with the tax authority (if available).

3.2. To open the current account, a physical person - a foreign citizen or stateless person, the documents specified in paragraph 3.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or a stateless person to stay (residence) in the Russian Federation, In the event that their presence is provided for by the legislation of the Russian Federation.

Chapter 4.
Opening of bank accounts to a legal entity, an individual entrepreneur, a physical person involved in the procedure established by the legislation of the Russian Federation by private practice

4.1. To open the current account, the legal entity established in accordance with the legislation of the Russian Federation, to the bank seems to:

b) constituent documents of a legal entity. Legal entities operating on the basis of a model charter approved by the Government of the Russian Federation; valid on the basis of model provisions on organizations and institutions of the relevant types and species approved by the Government of the Russian Federation and the statutors developed on them; acting on the basis of the standard position and charter represent specified documents. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies submit legislative and other regulatory legal acts adopted in the procedure established by the legislation of the Russian Federation a decision on their creation and legal status;

c) license license issued by the legal entity (permissions) if licenses (permissions) have a direct relationship to the client's legal capacity to enter into an agreement on the basis of which an account opens;

d) a card (except for the cases provided for in paragraph 1.12 of this Instruction);

e) documents confirming the powers of the persons listed in the card, at the disposal of cash on the account, and in the case when the Agreement provides for the certificate of the rights of the Order of Cash, which is on the account, using an analogue of its own signature, documents confirming the powers of individuals, endowed with the right to use analogue of his own signature;

(e) Documents confirming the powers of the sole executive body of a legal entity;

g) Certificate of registration with the tax authority or a document issued by the tax authority in cases provided for by the legislation of the Russian Federation in order to open an account.

4.2. To open the current account with a legal entity, a correspondent account of a credit institution created in accordance with the legislation foreign state and having a location outside the territory of the Russian Federation, the Bank seems to be:

a) the documents provided for by subparagraphs "in", "d", "e" and "f" of paragraph 4.1 of this Instruction;

b) documents confirming the legal status of a legal entity under the legislation of the country, in which this legal entity was created, in particular, documents confirming its state registration;

c) Card (except in cases provided for in clause 1.12 of this Instruction).

To open a correspondent account of a credit institution created in accordance with the legislation of a foreign state and being a location outside the territory of the Russian Federation, the Bank has the right to take an album instead of a card. The identity of the personality specified in the album, as well as those authorized to manage the cash on the correspondent account, using an analogue of its own signature, is not required if other is not determined by the bank in the banking rules.

To open a correspondent account with the Central (national) bank of a foreign state to the Bank, the legislative and (or) legal laws on its legal status, the album, as well as the document provided for by subparagraph 4.1 of paragraph 4.1, are submitted to the Bank. Instructions, if, in accordance with the legislation of the Russian Federation, it must be obtained.

4.3. To open the current account, the legal entity created in accordance with the legislation of the Russian Federation, to carry out operations by its separate unit (branch, representation) to the bank, see:

a) the documents specified in paragraph 4.1 of this Instruction;

b) the provision on a separate division of a legal entity;

c) documents confirming the authority of the head separed division legal entity;

d) a document confirming the registration of a legal entity in the tax authority at the location of its separate division.

4.4. To open the current account, a legal entity created in accordance with the legislation of a foreign state and having a location outside the territory of the Russian Federation, to carry out operations by its separate unit (branch, representation) to the bank seems:

a) the documents provided for in paragraph 4.2 of this Instruction;

b) Documents provided for by subparagraphs "B" and "B" of paragraph 4.3 of this Instruction.

In cases provided for by the legislation of the Russian Federation, documents are also submitted to making an entry into the consolidated state register of representative offices accredited in the Russian Federation foreign companies or the state register of branches of foreign legal entities accredited in the territory of the Russian Federation.

4.5. To open the current account, the embassy, \u200b\u200bconsulate, as well as a different diplomatic and equivalent to the representation of a foreign state to the bank, the documents provided for by subparagraphs "G", "d" and "G" of paragraph 4.1 of this instruction are submitted.

To open the current account, the diplomatic and equivalent to the representation of a foreign state further submitted documents confirming the status of representation.

4.6. An international treaty, the charter or other similar document confirming the status of the organization, as well as the documents stipulated by subparagraphs "G", D, "E" and "G", "d", "e", are submitted to the Bank.

To open the current account, a separate division of an international organization for carrying out operations with this separate unit (branch, representation), located in the Russian Federation, documents provided for by sub-clauses "b" and "in" paragraph 4.3 of this Instruction are additionally provided to the Bank.

4.7. To open the current account with an individual entrepreneur or a physical person engaged in the procedure established by the legislation of the Russian Federation by private practice, the Bank seems to:

a) a document certifying an individual;

b) a card (except for the cases provided for in paragraph 1.12 of this Instruction);

c) documents confirming the powers of the persons listed in the card, at the disposal of cash on the account (if such powers are transmitted to third parties), and in the case when the contract provides for the certificate of the rights of the management of cash in account, third parties using an analogue of his own signature, documents confirming the powers of those endowed with the right to use an analogue of his own signature;

d) certificate of registration with the tax authority;

e) certificate of state registration As an individual entrepreneur. The notary represents a document confirming empowering its powers (appointment for a position) issued by the judicial authorities of the constituent entities of the Russian Federation, in accordance with the legislation of the Russian Federation. The lawyer submits a document certifying its registration in the register of lawyers, as well as a document confirming the institution of the lawyer;

(e) Licenses (patents) issued by an individual entrepreneur or a private practice person, in the manner prescribed by the legislation of the Russian Federation, the right to carry out activities subject to licensing (regulation by issuing a patent).

4.8. To open the current account with an individual entrepreneur or an individual engaged in the procedure established by the legislation of the Russian Federation by private practice, which are foreign citizensThe documents specified in clause 4.7 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, in case their presence is provided for by the legislation of the Russian Federation.

4.9. To open a budget account to a legal entity, along with the documents provided for by subparagraphs "A", B "," G "," D "," E "and" G ", paragraph 4.1 of this Instruction, in the banks established by the legislation of the Russian Federation, the document seems to be confirming the right of a legal entity for service in a bank.

4.10. To open a correspondent account of a credit institution created in accordance with the legislation of the Russian Federation, the Bank of Russia submitted to the documents provided for by clause 4.1 of this Instruction, with the exception of the documents specified in subparagraphs "A", B "," B "and" E "Point 4.1 of this Instruction.

To open a correspondent account of the credit institution created in accordance with the legislation of the Russian Federation, it seems to the credit institution, along with the documents specified in paragraph 4.1 of this Instruction, confirmation of the coordination by the Bank of Russia, the appointment for the posts (entailing duties) in accordance with the legislation of the Russian Federation is subject to coordination with the Bank of Russia, when specifying these persons in the card.

4.11. To open a correspondent subaccount, a branch of a credit institution created in accordance with the legislation of the Russian Federation, it is submitted to the credit institution in cases established by the Bank of Russia regulatory acts, along with the documents specified in paragraph 4.3 of this Instruction, a message about the introduction of information about the opening of the branch in the State Book Registration of credit institutions and assigning a sequence number, as well as confirmation of the coordination by the Bank of Russia, the appointment for positions (empowerment) of which, in accordance with the legislation of the Russian Federation, is subject to coordination with the Bank of Russia, when specifying these persons in the card.

To open a correspondent subaccount, a branch of the credit institution created in accordance with the legislation of the Russian Federation, the documents provided for by paragraph 4.3 of this Instruction are submitted to the Bank of Russia, with the exception of documents provided for by subparagraphs "A", B "," B "and" E "Point 4.1 of this Instruction and subparagraphs "B", "B" of paragraph 4.3 of this Instruction.

4.12. To open the Bank of Russia a correspondent account in foreign currencyThe special bank account in the credit institution seems:

a) certificate of state registration of a legal entity;

c) Card (except in cases provided for in paragraph 1.12 of this Instruction) or an album.

4.13. To open a trust management accounts for operations on activities related to trust management (trust accounts), the Bank seems to:

a) the documents specified in this chapter to open an account to the relevant client;

b) Agreement, on the basis of which confidence management is carried out.

4.14. To open a special bank account to the bank, the same documents are submitted as to open a current account, correspondent account or current account, taking into account the requirements of the legislation of the Russian Federation.

With the opening of a special bank account, a bank payment agent, a bank payment subagent, a payment agent, a provider, a credit institution should have information, respectively on the Treaty on the involvement of a bank payment agent (bank payment subagent), on the agreement on the implementation of activities on reception of individuals.

When opening a nominal account, an Eskrow Bank should have information about the beneficiary and on the basis of its participation in relations under the nominal account agreement, an escro account. The bank should also have information about the mortgagee of the collateral.

The procedure for fixing the indicated information is determined by the bank independently in the banking rules.

For the opening of a special bank account of the debtor, the competition manager submits a document certifying the personality, a copy of the judicial act on the approval of the bankruptcy of the debtor, a card.

Chapter 5.
Opening of accounts for deposits (deposits)

5.1. For the opening of a physical person - a citizen of the Russian Federation, an account of the deposit to the bank seems:

a) a document certifying an individual;

b) certificate of registration with the tax authority (if available).

If the contract bank deposit The possibility of making money transfer from the deployment account is provided. At the same time, documents confirming the powers of the persons listed in the card are presented at the disposal of cash on the deposit account (if such powers are transmitted to third parties). In the event that the contract provides for the certificate of the Office of the Department, which are on the deposit account, third parties using an analogue of its own signature, presents documents confirming the powers of the persons endowed with the right to use an analogue of their own signature.

5.2. To open an account on the contribution of an individual - a foreign citizen or a stateless person, the documents specified in paragraph 5.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or a stateless person to stay (accommodation) in the Russian Federation In the event that their presence is provided for by the legislation of the Russian Federation.

5.3. To open a legal entity created in accordance with the legislation of the Russian Federation, the bank deposit accounts seems:

a) certificate of state registration of a legal entity;

b) certificate of registration with the tax authority.

5.4. To open a legal entity created in accordance with the legislation of a foreign state and having a location outside the territory of the Russian Federation, the bank deposit accounts are submitted to documents confirming the legal status of this legal entity under the country's legislation, in which this legal entity is created, in particular , Documents confirming its state registration.

5.5. To open an individual entrepreneur or a physical person involved in the procedure established by the legislation of the Russian Federation by private practice, the bank deposit accounts seems:

a) a document certifying an individual;

b) certificate of registration with the tax authority;

c) Certificate of state registration as an individual entrepreneur. The notary represents a document confirming empowering its powers (appointment for a position) issued by the judicial authorities of the constituent entities of the Russian Federation, in accordance with the legislation of the Russian Federation. The lawyer submits a document certifying its registration in the register of lawyers, as well as a document confirming the establishment of a lawyer.

5.6. To open an account on the deposit to an individual entrepreneur or an individual engaged in the procedure for foreign citizens established by the legislation of the Russian Federation, the documents specified in paragraph 4.7 of this Instruction, as well as a migration card and (or) a document confirming the law of foreign Citizen or stateless persons for stay (residence) in the Russian Federation, if their presence is provided for by the legislation of the Russian Federation.

Chapter 6.
Opening of deposit accounts of vessels, divisions of the service of bailiffs, law enforcement agencies, notaries

6.1. To open the Court's Deposit Account, the Bank seems to:

a) a document defining the legal status judicial authoritywho opens account;

b) a card (except for the cases provided for in paragraph 1.12 of this Instruction);

6.2. To open the deposit account of the divisions of the bailiff service to the bank seems:

a) the document on the legal status of the division of the bailiffs that the account opens;

b) a card (except for the cases provided for in paragraph 1.12 of this Instruction);

c) documents confirming the powers of the persons listed in the card, at the disposal of cash on the account, and in the case when the contract provides for the certificate of the rights of the management of cash, which is on the account, using an analogue of its own signature, documents confirming the powers of individuals, endowed with the right to use an analogue of his own signature.

6.3. To open the law enforcement deposit account to the Bank seems:

a) document on the legal status of the law of the protective body to which the account opens;

b) a card (except for the cases provided for in paragraph 1.12 of this Instruction);

c) documents confirming the powers of the persons listed in the card, at the disposal of cash on the account, and in the case when the contract provides for the certificate of the rights of the management of cash, which is on the account, using an analogue of its own signature, documents confirming the powers of individuals, endowed with the right to use an analogue of his own signature.

6.4. To open the bank's deposit account, the Bank seems:

a) a document certifying an individual;

b) a card (except for the cases provided for in paragraph 1.12 of this Instruction);

c) a document confirming the empowerment authority (appointment for a position) issued by the judicial authorities of the constituent entities of the Russian Federation in accordance with the legislation of the Russian Federation.

Chapter 7.
Card with sample signatures and print print

7.1. The Card is submitted by the Client to the Bank in cases provided for in this Instruction, together with other documents necessary to open an account.

Card can be decorated in form No. 0401026 by OKUD ( All-Russian Classifier Management documentation OK 011-93), given in Appendix 1 to this Instruction, or in the form set by banking rules and containing information to be included in the Card in accordance with Annex 1 to this Instruction.

7.2. The card is filled with the application of a typewriter or an electronic-computing machine with a black-colored font or a handle with pasta (ink) black, blue or purple. The use of facsimile signature to fill the card fields is not allowed.

7.3. The bank makes the number of copies of the card required for use in operation. Using copies of a card obtained on multiple technique is allowed, provided that the copying is performed without distortion.

Copies made on paper should be certified by the signature of the bank's chief accountant (his deputy) or a bank employee authorized by the Bank's administrative act to issue a card in accordance with paragraph 7.10 of this Instruction (hereinafter referred to as an authorized person).

Instead of copies, it is possible to use multiple copies of the cards represented by the client.

When serving several client accounts and, subject to the coincidence of the list of persons endowed with the right signature, the Bank has the right to not require the registration of the card to each account in cases and in the manner prescribed in the banking rules.

In cases and in the manner prescribed in the banking rules, the Bank's copy of the card obtained using scanning devices, certified by the analogue of the bank's chief accountant (his deputy) or an authorized person, is allowed. This should ensure the possibility of playing without distorting a copy of the card obtained using scanning devices on paper.

7.4. Card forms are manufactured by customers, on their own.

An arbitrary number of lines in the fields "client (account owner)", "issued cash checks"," Other marks "," surname, name, patronymic "and" sample signature ", taking into account the number of persons endowed with the right of signature, as well as in the" Account number "field in the case provided for in paragraph 7.3 of this Instruction.

In the manufacture of the card, a substitution is allowed to indicate the translation of the card fields in the languages \u200b\u200bof the peoples of the Russian Federation, as well as in foreign languages.

The "print print sample" field should provide for the possibility of improving printing, without leaving the boundaries of this field.

7.5. In a card submitted by the client - an individual, an individual entrepreneur, an individual engaged in the procedure for private practice established by the legislation of the Russian Federation, a person (persons), endowed with the right of signature.

The right of signature belongs to the client - a physical person, an individual entrepreneur, a physical person involved in the procedure established by the legislation of the Russian Federation by private practice.

The right of signature can belong to individuals on the basis of an appropriate power of attorney issued in cases and in the manner prescribed by the legislation of the Russian Federation, an individual, an individual entrepreneur, an individual engaged in the procedure established by the legislation of the Russian Federation by private practice.

In the card submitted by the Client - a legal entity, the person (persons), endowed with the right of signature, is indicated.

The right of signature belongs to the sole executive body of the Client - a legal entity (solely executive body), as well as other employees (employees), endowed with the right of signature by the Client - a legal entity, including on the basis of an administrative act, power of attorney.

The right of signature can belong only to employees (employees) of the Client - a legal entity, except in cases established by paragraphs of the ninth - the eleventh of this paragraph.

The head of a separate division of the client - a legal entity in the presence of relevant powers is entitled to its administrative act or on the basis of a power of attorney to give the right to sign employees (employees) of this separate division.

The disposal of funds on the banks of the Credit Organization open at the Bank of Russia, in accordance with Article 11.1 of the Federal Law "On Banks and Banking Activities" may be assigned only to persons agreed in accordance with the procedure established by the parts of the sixth eighth specified article.

The authority of the signature may be transferred to a clearing organization, the operator of the payment system, a central payment clearing chart, a manager or a management organization, a competitive manager, to persons who provide accounting services.

If the management organization that performs the functions of the sole executive body provides its employees (employees) or employees (employees) of the Client - a legal entity, the right of signature on behalf of the Client - a legal entity, such a right can be provided on the basis of an administrative act of the management organization or power of attorney.

As a person endowed with the right signature, the sole executive body of the management organization can be.

In the card submitted by the client - a legal entity, no less than two personally conducted signatures necessary for signing the documents containing the order of the Client, unless otherwise of the signatures are not determined by the Agreement between the Bank and the Client - a legal entity.

Possible combinations of personnel signatures of individuals endowed with the right of signature necessary for signing the documents containing the Order of the Client are determined by the Agreement between the Bank and the Client.

7.6. The sole executive body of the Client is a legal entity, an individual entrepreneur, may not be indicated in the card as a person entitled to the right of signature, subject to the right of signature of other persons.

7.7. For registration of the card, only documents confirming the status of the persons specified in the card are submitted to the Embassy or Consulate Consulate. If the international treaty ratified in the established legislation of the Russian Federation provides for the right of an official of the embassy or consulates to testify the authenticity of the signatures of the staff of the relevant embassy or consulate, the bank takes a card in which the authenticity of the data of employees is witnessed by the specified officer.

7.8. A sample of printing of the print stored by the client in the card must match the seal that the client has.

A temporary administration for managing a credit institution is imposed by printing, manufactured in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the Interim Administration for the Management of the Credit Organization.

The competitive manager (liquidator), the external manager stifles the prints of the press used by them in the implementation competitive production (liquidation), external management.

7.9. The authenticity of the personnel signatures of the right signatures may be notarized. The bank takes a card in which the authenticity of signatures of all persons endowed with the right of signature is witnessed by one notary.

7.10. The card may be framed without a notarized authentication of signatures in the presence of an authorized person in the following order.

7.10.1. The authorized person establishes the identities of the persons indicated in the card on the basis of the submitted identity documents.

7.10.2. The authorized person establishes the powers specified in the card of persons on the basis of the study of the constituent documents of the Client, as well as the Personal Documents with relevant authority.

7.10.3. The persons listed in the card in the presence of an authorized person put their own signatures in the corresponding card field. In the unfilled lines are affixed.

7.10.4. The authorized person in confirmation of the signatures of the persons specified in the card in its presence fills the field in the place of the bank "Place for a certificate inscription on testing the authentication of signatures" of the card in the manner established by paragraph 2.9 of Annex 2 to this Instruction.

7.11. The card is valid until the bank account contract is terminated, the deposit account (deposit), deposit account, or before it is replaced by a new card.

In case of replacement or additions to at least one signature and (or) replacement (loss) of printing, changing the surname, name, the patronymic of the person specified in the card, in cases of changes in the name, organizational and legal form of the Client - a legal entity or in case of early termination (suspension ) Customer management authorities in accordance with the legislation of the Russian Federation the client seems a new card.

The presentation of the new card bank must be accompanied by the simultaneous submission of documents confirming the powers of those specified in the card of persons at the disposal of cash on the account, as well as documents certifying the personality of the person (persons), endowed with the right of signature. The bank is not entitled to take new card Without the presentation of these documents, except when the specified documents were submitted to the bank earlier and the bank already has.

7.12. The Bank has the right to make changes to the field "The location (place of residence)", "tel. No. "Cards.

The Bank has the right to independently make changes to the field "Bank", "Bank's mark", "Account number", "Capital term", "Card checks" issued money checks.

Cases when making changes to the field "Location (place of residence)", "tel. № "," Bank "," Bank mark "," Account "," term of office "," Card checks "issued" Cards are issued by the Bank in banking rules.

The Bank is entitled to make corrections in the Card fields issued in the manner established by clause 7.10 of this Instruction, when filling in which errors were made.

The procedure for making changes and corrections in the Card field is determined by the Bank independently in the banking rules. When making changes and corrections, the text hrying is carried out by a thin line so that you can read the curls.

7.13. If the right of signature is provided to temporarily persons not specified in the card, as well as in the case of the temporary use of additional printing, temporary cards are submitted to the card, decorated in the manner prescribed by this Instruction. At the same time in the upper right corner on the front side of the card, the "Temporary" mark is affixed.

7.14. The front and circulation side of the cards are filled in the manner prescribed by Appendix 2 to this Instruction.

7.15. In the account of Escro, the right of signature can be transferred to the beneficiary of the ESCRO account on the basis of an ESCRO account agreement, another contract, according to which an Escrow agent is a bank. In this case, the bank seems to be a card, for the purpose of the registration of which the beneficiary of the ESCRO account is considered as the Bank's client.

Chapter 8.
Closing a bank account

8.1. The basis for closing a bank account is to terminate the bank account agreement, including in the case of paragraph of the third paragraph 52 of Article 7 of Federal Law No. 115-FZ.

8.2. After the termination of the bank account agreement, profitable and consumables The client's account is not carried out, with the exception of the operations provided for in paragraph 8.3 of this Instruction. The cash received by the client after the termination of the bank account agreement is returned to the sender.

8.3. After termination of the bank account agreement before the expiration of seven days after receiving the appropriate written statement of the client, the balance of funds bank issues a customer with cash from the bank account or transfer money to the payment order.

In the case of a client's failure to appear on the bank account for sixty days from the date of the direction in accordance with paragraph 1.2 of Article 859 of the Civil Code of the Russian Federation, the Bank of the Client is notified of the termination of a bank account agreement or non-receipt by the Bank during the specified period of the Client's instructions on the transfer of the amount The balance of funds for another account, the Bank must in accordance with paragraph of the second paragraph 3 of Article 859 of the Civil Code of the Russian Federation, crediting funds for a special account in the Bank of Russia, open in accordance with the indication of the Bank of Russia of July 15, 2013 No. 3026-y "on a special account In the Bank of Russia, "registered by the Ministry of Justice of the Russian Federation on August 16, 2013 No. 29423 (" Bulletin of the Bank of Russia "of August 28, 2013 No. 47).

8.4. In connection with the termination of the bank account agreement, the client is obliged to pass into the bank unused cash check books With the remaining unused cash checks and roots in the manner prescribed by the legislation of the Russian Federation.

8.5. In the absence of funds in the bank account, the recording on the closure of the relevant personal account is made to the book of registration of open accounts no later than the working day following the day of termination of the bank account agreement, if otherwise not established by the legislation of the Russian Federation.

The presence of restrictions on the bank account provided by the legislation of the Russian Federation in the absence of funds in the bank account does not prevent the record of closing the appropriate personal account in the open account registration book.

If there are funds on the bank account for the day of termination of the bank account agreement, a record of closing the relevant personal account is made to the book of registration of open accounts no later than the working day following the day of writing off the cash from the bank account.

In case of termination of the bank account agreement, with the provisions provided for by the legislation of the Russian Federation, restrictions on cash on the bank account and in the presence of funds on the invoice, making a record about the closure of an appropriate personal account in the book of registration of open accounts is made after the abolition of these restrictions not later than the working day following Happy Writing Cash with a bank account.

The presence of unfulfilled orders on the transfer of funds does not prevent the termination of the bank account agreement and making a record of closing the appropriate personal account in the open accounts record book.

8.6. To close the bank account of the debtor during the competitive production, the competition manager submits a document certifying the personality, a copy of the judicial act on the approval of the debtor's bankruptcy case, a written application for closing a bank account with an indication of the bank account details on which the cash balance is to be transferred to Account, bank recipient details. In the event that the order to translate the cash balance bank account Compiled and signed by the bank, the card to the bank is not submitted.

8.7. When terminating the nominal account agreement, the Bank carries out the transfer of funds to the payment order to another nominal account of the client - the account holder or issues the beneficiary of cash or (unless otherwise provided by law or the nominal account agreement or does not follow from the creatures of the relationship) translates the payment order for Instruction of the beneficiary to another account.

Unless otherwise provided by the Customer-Depositor and the Beneficiary Agreement, when terminating the account of the account of the ESCUU, the balance of funds in the account of the Bank issues the Client-Deponent in cash or carries out the transfer of funds to the Customer-Deponent of the Payment Order or in the event of grounds for transferring funds to the beneficiary - issues Beneficiary in cash or carries out the transfer of funds to the beneficiary with a payment order.

Chapter 9.
Closing the deposit account (deposit), deposit account

9.1. The basis for closing an account on the deposit (deposit) is the termination of the contribution agreement (deposit), including in the case of a paragraph of the third paragraph 5.2 of Article 7 of Federal Law No. 115-FZ.

Making a record about closing the appropriate personal account in the open account registration book is carried out by the bank on the day of the zero balance on the deposit (deposit), unless otherwise established by the Deposit Treaty (Deposit).

9.2. The closure of deposit accounts of vessels, divisions of the bidding service, law enforcement agencies, notaries are carried out in accordance with this chapter, unless otherwise established by the legislation of the Russian Federation.

Chapter 10.
Legal activity

10.1. A legal entity is formed by the Bank for each account of the Client.

One legal entity can be formed on several customer accounts. Cases and procedure for the formation of one legal case on several client accounts are determined by the Bank in the Banking Rules.

The client's legal case is assigned a sequence number in accordance with the banking rules.

In the event that the person who addressed to the Bank for opening an account is a representative of several customers, the Bank has the right to place copies of documents (or information about their details) certifying the identity of the representative, as well as documents confirming the existence of relevant authority, in the legal case of one of Customers, in whose interests the representative is valid. At the same time, legal affairs of other clients must contain information indicating a legal entity in which the specified documents of the representative of these clients are placed. Cases and procedure for the formation of clients' legal affairs, on behalf of which one representative operates, is determined by the Bank in the banking rules.

10.2. The legal entity is placed:

documents and information provided by the Client (his representative) when opening an account, as well as documents submitted in the event of a change in the indicated information;

contract (contracts) of the bank account, deposit (deposit), deposit account, amendments and additions to the said agreement (specified contracts), other contracts that determine the relationship between the bank and the client on the opening, maintenance and closing of the account;

documents related to the Date of Messages tax author about opening (closing) accounts;

bank correspondence with the client on the opening, maintenance and closure of the account;

invalid card strength;

other documents relating to the relationship between the client and the bank on the opening, maintenance and closure of the account.

The cards presented and used when servicing cards are subject to storage in the place determined by the bank independently.

10.3. When withdrawal (recess) of the document (its copies) in cases established by the legislation of the Russian Federation, on the basis of the decision (decree) state Body The legal entities placed documents received by the Bank when withdrawing (recess) of the document (its copies).

When drawing up a single document in the seizure of documents from several legal entities to one of the legal affairs, a document (a copy of it) was placed in one of the legal affairs.

When withdrawal (excavation) from the legal case of a document (its copies), the Bank is obliged to accept all the measures necessary and possible in the current circumstances to place the copy of the document being drawn in the manner prescribed by paragraph 1.11 of this Instruction.

10.4. The bank must eliminate unauthorized access to the legal entities of customers when stored.

10.5. In case of termination of the client's service in one division of the bank and transfer it to the service to another division of the bank, a legal activity can be transmitted from one bank division to another in the manner prescribed by banking rules.

10.6. Legal affairs are kept by the bank during the entire period of the bank account agreement, the contribution (deposit), the deposit account, and after the termination of the relationship with the client - during the period established by the legislation of the Russian Federation.

Deadlines for storing documents (their copies) in electronic form relating to the relationship of the Bank and the Client on the opening, maintenance and closure of the account should be no less than the storage of the Customer's legal entity.

Chapter 11.
Banking rules

11.1. Banking rules are an internal document of the credit institution and include the following provisions:

on the distribution of each structural divisions credit organization of competence in the field of opening and closing accounts, including the procedure for maintaining and storing the book of registration of open accounts;

on the procedure for opening and closing accounts, taking into account the requirements established by this Instruction, as well as on the organization of work on compliance with the physical person of a bank account (account for the contribution), the requirements for the personal presence of a person who opens a bank account (account on the contribution) or its representative ;

on the procedure for making the credit institution of documents used in the opening and closing of accounts, as well as the procedure for the manufacture and assurances of the credit institution with copies of documents submitted by the Client;

on the rules of document management from the moment of receipt of documents from the client (its representative) until the account of the account number to the Client;

on the organization of work on the preparation and direction of messages to the tax authority on opening or closing an account, about the change in account details;

on procedures for receiving documents for opening accounts;

about the form and order of registration of the card;

on the procedure for obtaining and designing a customer signature sample - an individual in the case provided by paragraph of the sixth paragraph 1.12 of this Instruction;

on the procedure for notifying customers about the details of their accounts;

on the procedure for accounting and storing documents (copies of their) received when opening, conducting and closing accounts (including electronic form);

on cases and procedure for the formation of one legal case on several client accounts;

on the order of access to legal entities of customers;

on the procedure for transferring legal affairs in the divisions of the credit institution;

on the procedure for updating information about customers and persons whose information must be established when opening an account;

on the procedure for fixing information about the agreement on the involvement of a bank payment agent (bank payment subagent), on the agreement on the implementation of activities on receiving individuals;

on the procedure for fixing information about the beneficiary and on the basis of its participation in relations under the nominal account agreement, an ESCRO account, a collateral.

The banking rules may include other provisions relating to the opening and closing of accounts, as well as procedures related to the opening and closing of accounts.

11.2. Banking rules cannot contain provisions contrary to the legislation of the Russian Federation.

11.3. In order to organize work on the discovery and closure of accounts of the Bank of Russia, the internal documents containing the provisions specified in paragraph 11.1 of this Instruction, comply with the requirements established by paragraph 11.2 of this Instruction.

Chapter 12.
Final provisions

12.2. Renewal of cards adopted by the Bank before the entry into force of this Instruction is not required. In this case, the documents containing the order of the Client are signed by the person who endowed the right of the first signature, and the person endowed with the right of the second signature (if available in the card).

Banking Rules may establish the use of cards of cards that were used before the entry into force of this Instruction. In this case, the fields "surname, name, patronymic" and "sample signature" opposite the field "The second signature" of such cards are not subject to filling.

12.3. Domestic documents operating on the day of entry into force of this Instruction should be aligned with its requirements within three months from the date of entry into force of this Instruction.

12.4. From the day the entry into force of this Instruction is recognized by invalid:

Instruction of the Bank of Russia of September 14, 2006 2006 No. 28-and "On the opening and closing of bank accounts, accounts for deposits (deposits)", registered by the Ministry of Justice of the Russian Federation, October 18, 2006 No. 8388 ("Bulletin of the Bank of Russia" of October 25, 2006 № 57);

Indication of the Bank of Russia dated May 14, 2008 No. 2009-U "On Amendments to the Bank of Russia's instruction dated September 14, 2006 No. 28-and" On opening and closing bank accounts, accounts for deposits (deposits) ", registered by the Ministry of Justice of the Russian Federation May 30, 2008 No. 11786 ("Bulletin of the Bank of Russia" of June 11, 2008 No. 32);

Indication of the Bank of Russia dated November 25, 2009 No. 2342-y "On Amendments to the Bank of Russia's instruction on September 14, 2006 No. 28-and" On the opening and closing of bank accounts, accounts for deposits (deposits) ", registered by the Ministry of Justice of the Russian Federation December 14, 2009 No. 15591 ("Bulletin of the Bank of Russia" dated December 23, 2009 No. 74);

Indication of the Bank of Russia dated August 28, 2012 No. 2868-u "On Amendments to the Bank of Russia's instruction on September 14, 2006 No. 28-and" On the opening and closing of bank accounts, accounts for deposits (deposits) ", registered by the Ministry of Justice of the Russian Federation September 21, 2012 No. 25515 ("Bulletin of the Bank of Russia" dated September 26, 2012 No. 58).

Attachment 1
to the instructions of the Bank of Russia
may 30, 2014 No. 153-and
"On opening and closing
bank accounts
accounts for deposits (deposits),
deposit accounts "

Form code
document
oKD.
0401026
Card
with sample signatures and print print
Client (account owner) Bank mark _______________________
(signature) "___" ____________ 20__
Location (place of residence)
tel. No.
Bank
Other marks

Overseas

Invoice number
(abbreviated client name
(account holder)
Full Name Signature example Term of office
Date of completion Sample print print
Signature of the Client (account holder)
Place for a certificate inscription on evidence of the authenticity of signatures Cash checks issued
date with No. By No. date with No. By No.

Appendix 2.
to the instructions of the Bank of Russia
may 30, 2014 No. 153-and
"On opening and closing
bank accounts
accounts for deposits (deposits),
deposit accounts "

Procedure for filling the card with samples of signatures and print print

1. Fields of the front side of the card are filled in the following order:

1.1. In the field "Customer (account owner)":

the client - a legal entity indicates the full name in accordance with its constituent documents. In the case of opening an account, a legal entity for carrying out operations by its branch, the representation indicates the full name of the legal entity in accordance with its constituent documents and after the comma - the full name of the separate unit in accordance with the approved legal entity by the Regulations on a separate division;

the client - an individual indicates fully their last name, first name, patronymic (if available), date of birth;

the client - an individual entrepreneur indicates fully his last name, first name, patronymic (if available), date of birth, and also records "Individual entrepreneur";

the client is an individual in accordance with the procedure established by the legislation of the Russian Federation by private practice, indicates fully its name, name, patronymic (if any), date of birth, as well as activity (for example, lawyer, notary, arbitration manager).

1.2. In the field "Location (place of residence)":

the client - a legal entity indicates the address (location) of the permanent executive body (in the absence of a permanent executive body of a legal entity - other body or persons who have the right to act on behalf of a legal entity without a power of attorney), according to which communication with a legal entity is communicated. In cases where the functions of the sole executive body of the Client - a legal entity performs the management organization or manager, the Client additionally indicates the location of the management organization, or the address of the place of residence (registration), or the address of the place of stay. The client is an individual, an individual entrepreneur indicates the address of the place of residence (registration) or the place of stay;

the client is an individual in the manner prescribed by the legislation of the Russian Federation by private practice, indicates the address of its direct activity or the address of the place of residence (registration) or the place of stay.

1.3. In the field "Tel. No. "The client indicates the phone number. Admissible to specify multiple client phone numbers.

1.4. The "Bank" field indicates a complete proprietary or abbreviated name of the credit organization or the name of the Bank of Russia, which opens.

1.5. In the field "Bank's mark" after assigning the account of the corresponding number to the chief accountant or his deputy or another person to whom the right to enter an account of the account client in the open account registration book provided regulatory document The bank is affixed by the personnel signature and the date starting with which the card is used.

1.6. In the field "Other marks", the Bank may indicate information about the presentation of temporary cards, about the period of time during which they act, on cases of their replacement, the order and frequency of issuing extracts from the account, as well as the other information required by the Bank.

2. Fields of the circulation side of the card are filled in the following order.

2.1. In the field "Abbreviated Name of the Client (account holder)":

the client - a legal entity indicates its abbreviated name in accordance with its constituent documents or the abbreviated name of the branch, the representative offices of the legal entity in accordance with the legal legal entity on the branch, representation. In the absence of abbreviated name, the total name of the client is a legal entity (branch, representative office);

the client - an individual indicates fully their last name, name, patronymic (if available);

the client - an individual entrepreneur indicates fully his last name, name, patronymic (if available), and also records the "Individual Entrepreneur" record;

the client is an individual in the procedure established by the legislation of the Russian Federation by private practice, indicates fully its name, name, patronymic (if available), and also indicates the type of activity (for example, lawyer, notary).

Filling the field "The abbreviated name of the client (account holder)" is also allowed in Latin letters without a lasting translation into Russian.

In the "Abbreviated Name of the Client (account holder)", it is allowed to indicate the abbreviated name of the Client, provided for by the Treaty between the Bank and the Client.

2.2. In the "Account number" field, after making a record of opening an account to the Client in the open account registration book chief Accountant, his deputy or other person who has been granted the right to make an account on opening an account client to the open accounts client, is affixed by the assigned account number.

2.3. In the field "Last Name, Name, Patronymic" indicate completely surname, name, patronymic (if any) of those endowed with the right of signature.

2.4. In the "Sample signature" field, a person's own signature opposite its surname, a name or patronymic (if available), affiliated persons endowed with the right signature.

2.5. The field "term term" is intended to monitor the term of office of persons endowed with the right of signature established on the basis of constituent documents, the regulatory act of the client or the power of attorney issued. Cases and procedure for filling in the bank of the "term term" field are determined by the Bank in banking rules.

2.6. In the "Filling Date" field, the client indicates the number, month and year of the card.

2.7. In the field "Signature of the Client (account holder)" is affixed:

the personnel signature of the sole executive body of the Client - a legal entity or the person who performs his duties, which, in accordance with the law and the constituent documents, implements a representative office without a power of attorney;

handel signature of the manager (sole executive body of the management organization) In the event that the powers of the sole executive body of the Client transferred in the manner prescribed by the legislation of the Russian Federation to the Manager (Managing Organization);

present signature of the person who is a representative of the Client, existing on the basis of a power of attorney to open an account. At the same time, this field indicates the number (if available) and the date of the relevant power of attorney;

the person's own signature is an individual, the client - an individual entrepreneur or a client - an individual involved in the procedure established by the legislation of the Russian Federation by private practice.

2.8. In the field "Sample print" Customers - legal entities, individual entrepreneurs, individuals involved in the procedure established by the legislation of the Russian Federation by private practice (in the presence of printing), put the print sample of printing.

Print prints put on the card must be clear.

In the event that the legislation of the foreign state did not establish the duty of the presence of a press, the legal entity created on the territory of the specified state is entitled not to put out printing, specifying the "sample of print print" in the field that is missing.

Customers - Individuals Field "Sample print print" are not filled.

2.9. In the field "Place for a certificate inscription on testing the authenticity of signatures", the certificate inscription is performed by a notary in accordance with the requirements established by the legislation of the Russian Federation. The authorized person fully indicates his position, surname and initials, surname and initials of the person (persons), the signatures of which are made in its presence, indicates the date and launches its own signature with the application (stamp) of the bank defined for these purposes by the Bank's administrative act.

2.10. The Bank "issued cash checks" is indicated by the date of issuance and numbers issued by the credit institution (branch) or a division of the Bank of Russia to the customers of monetary checks. The "Cash checks issued" field can be issued as a separate sheet (sheets) attached to the card.

Overview of the document

The procedure for opening and closing bank accounts, deposit accounts (deposits), deposit accounts was revised. He did not undergo significant changes. Note some innovations.

So, legislative amendments in the accounting area are taken into account. We are talking about the cancellation of the Institute of Control Signature accounting. In this regard, in the card, samples of signatures of authorized persons are given in a row (without separation on those who have the right of the first and second signature).

The possibility of registration of copies of documents submitted to open an account in electronic form is fixed. They are compiled by an official of the bank and are assigned to the analogue of its own signature.

The grounds for failure to submit a card with sample signatures and print prints with an individual are common to legal entities.

Moreover, new order is given in accordance with the amendments to the Civil Code of the Russian Federation. In particular, the features of the opening and closing of the nominal account, an ESCRO account and a pledge account are established.

When opening a nominal account, an ESCRO account should have information on the beneficiary and on the basis of its participation in relations under such an account. He should also have information about the mortgagee of the collateral account. Incidentally, the right of signature can be transferred to the beneficiary on the basis of an agreement on which an Escrow agent is the Bank. In this case, the bank seems to be a card, for the purpose of the registration of which the beneficiary of the ESCRO account is considered as the Bank's client.

Reflects changes in the "anti-optical" law. So, to open an account, the Bank must adopt justified and available in the established circumstances measures to identify beneficial owners.

The new instruction enters into force on July 1, 2014. Internal documents must be aligned with it within 3 months after the specified date.

Agency? WEP? offers banks webinars, courses and documents according to the requirements of the instruction 153-and

July 1, 2014? Entered into force the instruction of the Bank of Russia of May 30, 2014?? 153-and? On the opening and closing of bank accounts, accounts for deposits (deposits), deposit accounts?In addition, by this moment, a number of changes in the general legislation relating to the procedure for conducting bank accounts were also adopted. In this regard, the Agency? WEP? A number of events were held.

Open webinars for banks according to the requirements of the 153-and

In particular, on July 23 a webinar was held. During the webinar, the participants not only received the information you are interested in, but also answers to questions that arose during their practical work.

Courses and tests according to the requirements of the 153-CSR instructions? Large bank tests?

New requirements have been reflected in the program? Large bank tests?. For banking specialists developed courses? ? Opening and closing bank accounts, accounts for deposits (deposits), deposit accounts? And? registration of the signatures of signatures and print samples?, in which in convenient and accessible form reflect all the main points relating to this topic, with a special focus on the latest changes in legislation. There were also tests aimed at checking knowledge of specialists in terms of opening and closing bank accounts. They allow them to assess the level of knowledge and the degree of training of banking specialists? to work on the new rules.

Samples of intrabank documents reflecting the requirements of 153-and, in the library of intrabank documents

In addition, in the framework of the implementation of the new requirements of the Bank of Russia, namely? The need to develop by October 1, 2014 of intrabank documents defining? The procedure for opening and closing bank accounts, specialists of the agency prepared regulations that take into account not only the requirements of the instruction of the Bank of Russia? 153-and, but also regulatory documentsentered into force in lately. This is, above all, the Federal Law of 06/28/2014? 173-FZ? On the peculiarities of implementation financial operations with foreign citizens and legal entities ..?, as well as changes to the Civil Code of the Russian Federation and the Federal Law of 07.08.2001? 115-FZ "On counteracting legalization (laundering) of income obtained by criminal means and financing terrorism."

We offer? Order of opening and closing bank accounts to customers? Legal entities, individual entrepreneurs and individuals engaged in private practice? And? Regulation and certification of the card with sample signatures and print printing? legal entities, individual entrepreneursas well as individuals engaged in private practice? Can be successfully used by banks as a basis for the preparation of their internal documents, significantly simplifying and reducing the development time regulatory base. Data Documents are represented in another agency product? WEP? -? Big Banking Library?.


"On the opening and closing of bank accounts, accounts for deposits (deposits), deposit accounts" (hereinafter referred to as instruction No. 153 and). The new document did not make significant changes to the rules for working with banks, but only led them in accordance with the amendments to the Civil Code of the Russian Federation.

When terminating the nominal account agreement, the Bank translates the balance of funds to the payment order to another nominal account of the client - the account holder or issues the beneficiary of cash or (unless otherwise provided by law or the nominal account agreement or does not follow from the creature of relationships) translates the payment order to indicate Beneficiary to another account. And when terminated by an ESCOU account agreement, unless otherwise provided by the Customer-Depositor and Beneficiary Agreement, the balance of funds on the account issues a customer-deposit of cash or carries out the transfer of funds to the Client-Deponent with a payment order or - in the event of grounds for transferring funds Beneficiary - issues a beneficiary in cash or transfer money to the beneficiary with a payment order (paragraph 8.7 of Instructions No. 153-and).

Special rules are installed and for filling out cards with sample signatures and print prints. In the account of Escro, the right of signature can be transferred to the beneficiary of the ESCRO account on the basis of an ESCRO account agreement, another contract, according to which an Escrow agent is a bank. In this case, a card seems to be a card, for the purpose of the registration of which the beneficiary of the ESCRO account is considered as a bank's client (paragraph 7.15 of Instructions No. 153-and).

The order of filling the card with sample samples has become more flexible.

In contrast to the previous instructions, the instruction No. 153-and allows for registration of a card with samples of signatures and printing (hereinafter referred to as the card) not only on the form in the form approved by the Central Bank, since the imperative requirement for the use of such a form has changed to the wording "may be framed by form. An alternative may be a form approved by the banking rules of a specific credit organization (clause 7.1 of Instructions No. 153-and).

Cases in which the card may not be submitted to the Bank when opening an account are now applied not only to citizens, but also on the organization, as well as supplemented by a new case, when neither the deimer account of Escrow, nor the beneficiary of the ESCRO account is not entitled to manage funds on Escrow account (p. 1.12

Commentary on the Bank of Russia's instructions from 30.05.2014 N 153-and "On the opening and closing of bank accounts, accounts for deposits (deposits), deposit accounts" (Sopuńko OM)

Article posting date: 09/20/2014

The commented instruction of the Bank of Russia entered into force on July 1 of the current year. Immediately alleged that this regulatory act, although the predecessor cancels the predecessor (the instruction of the Bank of Russia dated September 14, 2006 N 28-C), but largely copies it. Simply put, in the global sense, the instruction N 153-and is technical. Her adoption is due recent changes in legislation. We highlight the most important points.
The main banks of the countries led their "regulations" in accordance with the Federal Law of 06.12.2011 N 402-FZ "On Accounting", which has been valid since 2013. This refers to the abolition of the rules on the control signature of the chief accountant (other accounting officer). In the banking sector, this was as follows. Now in the card with sample signatures and seals (provided in Appendix N 1 to the instructions N 153-and) samples of signatures of authorized people should be in a row. That is, the division of those who have the right of the first and second signature is abolished.
Also from July 2014, finally, it was possible to draw up copies of documents submitted to open an account in electronic form. The necessary forms is a bank employee and assures the analogue of its own signature.
The rules for the opening and closing of accounts are aligned with the current version of the Civil Code of the Russian Federation. From now on, the specifics of working with nominal accounts, as well as Escrow accounts and collateral accounts, are clearly regulated. Opening such accounts, the Bank is obliged to have information on the beneficiary and on the basis of its participation in relations under a contract of such an account. There must be a credit organization and information about the mortgagee of the collateral account.
Incidentally, the right of signature can be transferred to the beneficiary on the basis of an agreement on which an Escrow agent is the Bank. In this case, the bank seems to be a card, for the purpose of the registration of which the beneficiary of the ESCRO account is considered as the Bank's client.
They reflected in the instructions N 153 and and the amendments to the Federal Law of 07.08.2001 N 115-FZ, dedicated to the "Waste" of illegal money (they operate on June 4). In particular, to open an account, the Bank must adopt justified and available in the current circumstances to identify beneficiary owners.

The Legal Department of the Bank of Russia reviewed the appeal of the Association of Russian Banks on issues related to the interpretation of the norms of the Central Bank of the Russian Federation of May 30, 2014 No. 153-and "On the opening and closing of bank accounts, accounts for deposits (deposits), deposit accounts".

We offer to familiarize yourself with the text of the letter of the Bank of Russia from 11.12.2014 No. 31-2-6 / 7019

CENTRAL BANK
RUSSIAN FEDERATION
(Bank of Russia)
Legal Department

from 11.12.2014 № 31-2-6 / 7019

Dear Garegin Ashotovich!

Legal Department of the Bank of Russia reviewed the appeal of the Association of Russian Banks of 02.10.2014 No. A-02 / 5-603 and reports the following.

1. In our opinion, the norms of civil law on representation do not interfere with the Bank of Russia when regulating the procedure for opening bank accounts to establish the requirements contained in paragraph 7.5 of the Bank of Russia's instructions from 30.05.2014 No. 153-and "On the opening and closing of bank accounts, accounts for deposits (deposits), deposit accounts "(hereinafter referred to as Instruction No. 153 - and).

2. The question of the procedure for the provision of the payment system by the operator and the central payment clearing counterparty of the consent to perform operations on the account of the Warranty Fund of the Payment System on the basis of the order of the Member of the payment system does not apply to the subject of regulation of Instructions No. 153-and.

In the card with samples of signatures and print prints (hereinafter referred to as the card), the face (person), endowed with the right signature (paragraph 7.5 of Instructions No. 153-and), is indicated. Samples of signatures of those endowed with the right signature are recorded in the card for the purposes of checking the compliance of signatures made on orders on the transfer of funds compiled on paper stated in the sample card.

Station in the signature card of persons not endowed with the right signature, instruction No. 153-and is not provided.

Certificate of the right of disposal of cash in admission to execution on paper on paper in accordance with paragraph 2.3 of the Bank of Russia from 19.06.2012 No. 383-P "On the rules for the transfer of funds for money" (hereinafter referred to as Regulation No. 383-P) is carried out by the Bank by checking The presence and conformity of its own signature (own signatures) and print printing (if) samples declared to the bank in the card.

In the details of the 44 "signatures" of the payment order on paper, in accordance with Annex 1 to Regulation No. 383-P, signatures (signature) of authorized persons of the payer according to the stated bank with samples in the card are affordable.

The way that the consent of the payment system operator or the Central Payment Clearing Counterparty is given to the commission of the Warranty Fund of the Payment System in accordance with Part 6 of Article 30 of the Federal Law "On National payment system"Provides for a bank account agreement in accordance with the rules of the payment system.

We note that clause 2.8 of provisions No. 383-P founded that when the payer's order was received, requiring a third party's consent to the payment of the payer's cash, the payer's bank monitors the existence of a third party in the manner prescribed by law and the contract. The consent of a third party to the payment of the payer's cash can be given in electronic form or on paper by the method provided by the contract, including through the preparation of the order, a third party statement, signing the third party to the payer's order or at the disposal of the payer in the place free from the instructions of the details .

3. In accordance with clause 1.2 of Instructions No. 153-and conducting the identification of the client, his representative, beneficiary, adoption of informed and affordable measures to identify the beneficial owners are a condition in which on the basis of the conclusion of an account of the account of the relevant type and submission of all documents and Information defined by the legislation opens an account.

At the same time, the issues of identifying the norms of instructions No. 153-and are not settled.

At the same time, we note that the obligation of a credit organization to identify the client before the service acceptance is established by Article 7 of the Federal Law "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism". It seems that the fulfillment of this public legal obligation cannot be transmitted to a third party as part of a civil transaction with the exception of the cases directly provided for by law (in particular, paragraph 1.5 of Article 7 of the Federal Law).

4. In accordance with subparagraph 1.11.2 of clause 1.11 of Instructions No. 153 and procedure and cases of manufacturing in electronic form by the Bank's official (other authorized by the Bank of the person) and the assurance of the analogue of its own signature of copies of the documents submitted by the Client (his representative) to open an account are installed by the bank in banking rules. At the same time, we note the inadmissibility of the "copies from copies" of documents.

EAT. Shrimp

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