How to use a rated account. How to close the nominal account? Application of nominal accounts in practice

In the summer of 2014, adjustments were made to the Civil Code, according to which it became possible to open nominal guardian account in Sberbank. This initiative still causes turbulent disputes, as the theory seriously increases the powers of the trustees. In practice, while checking the utility of the adjusted adjustments is problematic: banks turned out to be technically black to such a "turn of the plot".

What is the essence of the changes?

Previously, such an order was acted: the money due to the ward was listed on the account, open to the name of the ward itself. Citizen busy care was the right to pick up money from this account within the sum of the subsistence minimum. If he needed more money, he applied to the bodies of the guardianship for the resolution.

After edit, the legislation allows you to open the nominal care of the guardian. This term is called a banking product, open in the name of the trustee and intended for the transfer of social benefits. If you believe the GK, money from the nominal account in Sberbank, the guardian has the right to shoot in an unlimited quantity - it is no longer connected with living fluid in the hands of hands and "beat a friend" in the guardianship bodies.

In the theory of editing in GK, they should have given the popularization of guardianship, however, the practice faced with severe realities. Banks were unable to provide a service - even the law and prescribe financial institutions to work with nominal accounts, customers, addressing this service, are faced with failures. Open the contribution of the guardian in Russia is currently impossible.

How to open?

According to the legislation, the procedure, how to open a nominal account of the guardian on a minor should look pretty simple. Citizen must bring such papers to the bank:

Your passport.
Certificate of the birth of the ward or his passport (if the child already "knocks out" 14 years).
Certificate issued by guardianship authorities and confirming the status of a guardian.

After checking the documents, sign an agreement on the opening of the nominal account of the guardian. The contract should appear such information about the ward:

Surname and initials.
Date and place of birth.
Address of permanent residence.

After signing the contract, the nominal account opens - with it the owner has the right to take so much "state" money as he needs. At the same time, no one exempts from the need to submit a report on the expenditure of preferential funds - the guardian's report must be submitted annually until February 1.

Please note: the ward money cannot be spent on the repayment of the guardian debts - only bank commissions can be paid to them.

Where to open?

Until the beginning of 2015, the rule was relevant: money for the needs of the wards is translated only in those banks that are at least 50% belong to the state. Naturally, almost always the interest contributions turned out to be in Sberbank - the beneficiaries (like many citizens of the country) completely unreasonably believed that Sberbank in terms of the reliability "will give odds" to all other participants in the financial system. This is a delusion: in Russia there is a single deposit insurance system - even if the bank loses the license, its depositors will not lose money, since they will pay them the state. Relatively recently insurance limit increased: earlier the state was obliged to return to depositors to 700 thousand rubles, now to 1.4 million rubles.

Since the beginning of 2015, the rule of 50% was canceled, but left a limit - in one bank there should be no more than 1.4 million rubles belonging to the ward (that is, more than the amount that the state is capable of insure). The paradox of the situation with nominal accounts is as follows: at least guardians are larger and are not limited in the choice of bank considerations, they still choose somehow.

Since 2014, only one Rosselkhozbank declared that she was ready to work with the nominal accounts of the guardians. The rest do see them unknown, what is the nominal guardian account when opens and how. Sberbank, in particular, justifies the inability to open such a contribution to the absence of regulatory instructions and suitable software. There are two main problems: First, such a contribution should be opened at once on two "hosts", secondly, the integration of the alert system, which would resemble depositors that the amount on the deposit is suitable for the permissible limit (1.4 million rubles) - These problems can not solve banks.

As an alternative to Sberbank offers to open the contribution "Social", specially intended for the accumulation of money with orphans. The conditions of the "social" are: the placement period is 3 years, the rate is 5.67% per annum (with capitalization), the initial amount is from 1 ruble, percent accrual quarterly. Another important condition is the availability of partial removal; This condition allows you to represent "social" as a possible replacement with a nominal account.

Obviously, adjustments to GK are designed to raise the popularity of the role of the guardian - not only that the guardianship is free, it also makes the citizen spend time on regular visits to the guardianship bodies and tracking the minor costs of "state" money. In such conditions, any guardian thinks: Does it need this occupation? Simplification of reporting and nominal bank accounts are two measures designed to facilitate the "wear" of the guardian, however, banks "make a lept" in the popularization of the guardianship are not in a hurry. The refusal of a guardian in the opening of the deposit on the ward according to the formal reason is the norm for today's banking system.

To obtain state assistance, the guardian needs to open a nominal account in the bank. To do this, he addresses the credit institution that is afraid of the state.

The opening of the bank cell is possible without the written permission of the custody bodies. But it is important to remember that the compilation of the annual report on the means is a prerequisite for accessing the means of their wards.

Read the article on the concept of a nominal cell, about the features of drawing up a contract with the Bank and what a list of necessary documents.

What is the nominal account?

Rated account - This is a special bank account, open to accrual social assistance to parents and guardians for the maintenance of minors.

According to changes in the FZ-302 made in 2014, the nominal accounts for guardians are opened in the bank. They can dispose of money on the nominal account without the written consent of the guardianship bodies. The funds obtained are removed to the needs of the wards of children.

For banking organizations, the opening of nominal accounts is a rather complicated procedure. The causes of difficulties become:

in the banking regulations, there is no information on the creation of such accounts and control over them;
lack of software to regulate operations with a score.

How to open?

Procedure for opening a nominal account of the guardian:

Step 1. Collect the desired package of documents.

Documents for opening the nominal account of the guardian:

passport or the birth certificate of the ward;
certificate confirming the fact of guardianship;
if there is a crucial and its official representative of the INN;
other documents if they need a bank employee.

Acts and certificates are provided in the original form. In the case of copies, they must be notarized.

Step 2. A citizen writes a statement to the bank representative and provides a package of documents. It is considered within 10 working days.

Step 3.The applicant signs an agreement with the bank, agreeing on the processing of personal data. If the person wants to receive SMS notifications about the state of the nominal account and operations with it, it should be made up with an additional agreement with the bank.

Enumerations can be produced:

in the departments of the bank;
through a mobile application;
in the personal office of online bank.

The banking cell opens for an indefinite period. In case a citizen wants to close the cell, he must achieve the majority.

Currency - rubles. The cell remains is not assigned, the amount can be accrued any.

Statement

The use of the cash paid authorized person is entitled only with the written permission of the guardianship bodies. For registration of such a right, the interested person shall submit a statement to which should be considered as soon as possible.

In a statement to the bank, a citizen indicates:

your contact details;
request for the opening of the cell;
applicant's identity card;
postcode;
data on the ward;
the date and signature of the applicant.

Treaty

Before opening a nominal account in the Guard, the guardian issues a nominal account agreement with its employees. It is issued in writing. In mandatory, the applicant must specify the data on the person in whose favor the score opens.

The contract must contain the following information:

serial number;
full name of the banking organization;
FIO of the authorized person;
the document on the basis of which it acts;
subject of agreement;
the rights and obligations of the parties to the transaction;
provided for the responsibility of participants for failure to comply with the terms of the agreement;
the process of resolving disputes arising;
details and signatures of the parties to the transaction;
wet seal.

To open the settlement bank cell, the applicant must provide the data of its ward:

registration address of the place of residence;
date of Birth.

It also provides a child's identity card.

Where can I open?

Before receiving state support, a citizen must know where to open the nominal care of the guardian. After changes to the law entered in 2014, only banks in half on public security are entitled to open nominal accounts. One of these banks is Sberbank of Russia.

After change in 2015, the credit organizations in the activities of which the state participates, also has the right to open the nominal account for the guardian. The participation of the state is at least 50%.

Terms of Use

Terms of use of means from a nominal account for a guardian:

The bank's account is not open to the child, which is paid payments, but on his guardian.
To open a special account, the interested person provides an identity and guidance certificate.
The contract with the bank is drawn up in writing and in two copies.
Cash can be used for the needs of the child, without obtaining permission from guardianship.
Every year, the guardian is a report on the expended means.
Money will not be removed to pay off the debts of the guardian. In case the ward arose debts, then the removal of funds for their repayment can be carried out with the permission of bailiffs.
Monthly interest rate is 3.67%.

Report

The guardian must issue a report on the expenditure on the maintenance of a female person once a year. It must contain the following information:

complete name of the guardianship and its address of being;
Guardian phoe and his personal data;
information about the money received from the ward account: date and amount;
information about the spheres where money shot was spent: date and subject of purchase;
purpose of expenses;
documents that confirm that the money was spent on the stated goals.

As evidence, there may be:

copy of the commercial receipt;
check about paying taxes;
insurance contributions and others.

A package of documents is also attached to the report:

copies of reporting documents;
checks and references confirming the legitimacy of expenses.

At the end of the report, the signature and date of the person who composed report should be required.

How to close the nominal account?

To close the bank cell, the applicant provides:

certificate of personality of the ward and its own;
written annual reports on spent funds for the needs of the child's guard;
basins for closing the nominal cell.

Important! The nominal cell can be closed only to achieve the age of majority and with its consent.

For its closure, the following procedure is provided:

The applicant collects a package of necessary documents.
Writes a statement to the bank representative and transmits documents.
If the authorized person considers the closure of the cell to be legitimate, then the remaining money is issued to a child at the bank's office. Also possible is an option for transferring the balance of cash to another cekeside.

For the closure of the cell, it is necessary to provide good reasons, otherwise the applicant will be denied.

Nominal guardian account in Sberbank - One of the most discussed topics among the recipients of guardianship benefits, because most banks are not ready to change legislation in this area. In what cases, the nominal account opens and in what order the funds coming on it will be spent in this article.

Nominal guardian account: new procedure for spending money wards

From July 1, 2014, a change in the Civil Code of the Russian Federation, provided for by law No. 302-FZ, entered into force. They relate to the order of disposal of the pension, benefits and other payments to the man taken under the custody (guardianship).

Previously, the procedure was operated according to which all relying payments were credited to the bank account, open in his name. The guardian had the right to remove the amount not exceeding the emerging minimum monthly. For more than the amount required the permission of the guardianship body.

Starting from the second half of 2014, the law provides that the payment due to a minor or an incapacitible person of payments is not on his account, but on the nominal account, open at the bank in the name of the guardian (trustee). These means of guardian in full spend on the needs of their ward without obtaining consent from the guardianship and guardianship authority.

In practice, the application of the new law faced certain difficulties: banks were technically not ready to open a new type of accounts. According to explanations of representatives of credit institutions, the opening of nominal accounts from the moment of entry into force of the new order was impossible for two reasons:

there are no internal banking instructions giving the procedure for opening and conducting such accounts;
no needed software.

During the second half of 2014, only a few credit institutions (for example, Rosselkhozbank) declared their readiness to open the nominal accounts.

What banks have the right to open nominal accounts guardians?

Until recently, the rule was valid according to which the money of curses can only come in those credit organizations that are not less than half owned by the state. Therefore, one of the most popular institutions to enroll the pensions, alimony and benefits of persons taken under custody is now Sberbank.

From January 1, 2015 this rule is canceled. Now, when enrolling in the bank of the ward, the following condition should be carried out: the total amount of funds in one bank should not exceed the amount of insurance compensation for compulsory deposit insurance (from December 29, 2014, this amount is increased from 700 thousand to 1.4 million rubles). This rule concerns the size of funds on nominal care guardian.

Do not know your rights?

In other words, since 2015, it is possible to open nominal accounts for enrolling the guardian payments, not only banks with state participation of at least 50%, but also other credit institutions.

Rules for using the nominal account

The nominal account opens in the name of the guardian (trustee) to enroll the payments due to minors and incapacitated persons, with the exception of:

wages and adolescent scholarships from 14 to 18 years;
other funds that the wards have the right to dispose on their own.

To open the guardian account (account holder), it is necessary to make a certificate and decision of the guardianship authority on the appointment of its guardian. The contract is issued in writing, while the account owner must inform the bank with the following person information, in the interests of which the account is opened:

surname, name, patronymic;
date, place of birth;
registration address at the place of residence.

He must also provide a copy of the birth certificate of the occupational or his passport.

Cash with a nominal account is consumed by a guardian in any amount without the receipt of the permission of the guardianship authority. But the use of such sums should be drawn up an annual report.

The funds from the account cannot be charged on the debts of the account holder (with the exception of the commission for the commissioning operations). The recovery of money from the nominal account on the obligations of the ward is possible only by the court decision or in cases provided for by law.

The emergence of nominal accounts should facilitate guardians fulfilling their duties. Previously, such a formality, as obtaining permission of the guardianship authority for the removal of the amount exceeding the cost of living, created a lot of inconvenience, since permission was required monthly.

06/14/18 Sberbank of Russia deposits interest rate

Sberbank launched a new bank deposit for individuals - "nominal account for crediting social benefits." The score opens in Russian rubles to parents, guardians, trustees to enroll social payments paid to them on the maintenance of minors, incapable, limited capable citizens. The wards of the representative are beneficiaries on a nominal account.

To open the nominal account, a legal representative of the ward sufficiently present the necessary documents to the Bank's separation and in the future to receive social benefits accrued to it, intended for the content of the ward, without obtaining the preliminary permission of the guardianship body.

A distinctive feature of the nominal account is that it opens to perform cash transactions, the rights to which belong to the ward. The beneficiary information is indicated in the nominal account agreement.

Conditions for the work of the "Nominal Account for Enrolling Social Payments":

Opens with a zero residue.
Deposit / account currency - rubles.
The interest rate on deposit / score is 3.5% per annum.
The frequency of interest accruals - after each three-month period, determined from the date of opening of the account.
Account period - indefinitely (valid until the account is closed)
Removing funds - not limited

As noted by the Director of the Department of Retail Not Transaction Production Products of Sberbank Natalia Alimova:

"The introduction of a nominal account has significantly simplified the procedure for obtaining legitimate representatives of citizens under guardianship or trusteeship, funds that are intended for their content."

For registration of the nominal account in Sberbank, the following documents are submitted:

document certifying the identity of the account holder;
beneficiary's birth certificate if the beneficiary is a minor under 14 years of age, or another document certifying the identity of the beneficiary at the age of 14 and older;
the decision of the guardianship body and guardianship on the appointment of the guardian (trustee) or other document confirming the powers of the account holder to dispose of the ward cash (beneficiary). If the account holder is the parent (adopter) of a minor beneficiary under the age of 18, then such a document acts - the birth certificate of the beneficiary;
certificate of registration in the tax authority of the owner of the account / beneficiary (if available);
migration card, a document confirming the right of a foreign citizen or a stateless person to stay in the Russian Federation (to open a nominal account to enroll social payments to a foreign citizen and (or) a stateless person (separately by the account holder and separately on the beneficiary (if Applicable).

Nominal accounts are used by banks for individuals and legal entities, but what is the essence of this service? What are the options and for whom it can be convenient to open such an account, we will analyze in understandable terms.

What is a "nominal account" in the bank

First we will give the definition of the terminas that are mandatory for understanding this issue.

The concepts are introduced in Article 860 of the Civil Code of the Russian Federation (part 2) of 26.01.1996 N 14-FZ (with amended and add., Entry into force from 01.09.2018).

Rated account - This is a type of bank account, which opens by one person (account holder), and cash funds belong to another person (beneficiary).

Account owner - The person who has entered into an agreement with the bank to open an account.

Beneficiary - A person who owns the rights to all means on a nominal account. It is also called the beneficiary, although it may seem somewhat illogical.

Schematic representation of the essence of any nominal account:

Short: The money of one (beneficiary) is disposed of another (account owner), under the conditions prescribed in the contract. The bank keeps money and controls operations.

Such accounts can be used by both individuals and legal.

Bank

What makes the bank:

Opens an account.
Stores money on it, accrues interest.
Performs the conditions prescribed in the contract and law.
It is associated with the beneficiary when applying to the account holder to make changes to the contract or closing an account.
When closing the account translates the remnants to another nominal account.
He writes off payment for their services.
Does not allow the suspension of the operation (cannot be arrested).

Beneficiary

What can the beneficiary:

It has the rights to all cash on the account (it does not matter who contributed, even if it was the owner).
List and make money.
Coordinate any operations.
Require confirming documents on account operations.
Require from the bank to provide information that make up bank secrecy.

Account owner

What can the owner of the account:

Research funds to the operation agreed in the contract.
Make money on account.

What should the owner of the account:

Provide documents to confirm the goal of expenses.
Other, which is indicated in the contract.

Treaty

What can be indicated in the compilation of the contract:

Be sure to indicate the beneficiary (there may be several of them).
The beneficiary may not participate in the signing of the contract.
The founding of the participation of all parties.
Control over the use of funds by the owner in the interests of the beneficiary.
You can establish any rules and limitations of the use of funds by the Parties.

What are the options for a nominal account

There are several very close concepts that are used for the activities indicated on the scheme at the beginning of the article.

The meaning is always alone - there is an invoice, there are several sides, and the money does not have their own owner, but the other side.

Depending on the requirements for the bank, transaction participants and to the funds in the account, you can allocate:

Nominal bill.
Escrow - on this "account" not only money, but also the property, and the guarantor can act only bank, but also law firms, specialized companies (escrow agents).
Public deposit account - Payments by the account owner can only be carried out in the organization. The owners of such accounts may be, for example, bailiffs.
Letter of credit - most often participate 2 parties - buyer, seller and 1 bank on each side. At the same time, the buyer's bank can have co-financing (lending).
A collateral account - money on this account can be used, but the amount should not decline less than the obligation. The bank and two parties take part.

Formally, in the Civil Code, 3 account options are considered: nominal, escrow and public deposit.

Detailed theoretical calculations are presented in the video from the head of the Civil Law of the Fakakultte Rights of the HSE.

Who can be a member:

Parties:

Child, orphan - parent, guardian.
Disabled, incapable - guardian.
Buyer seller (Jurlitz and Physicians).
FNS - notary - debtor.

Guarantee: Bank, law firm, agent company.

Finance on account: Social payments, pensions, benefits, payment for goods / service, payment for an apartment and other real estate, exterminated debt, etc.

Comparison and features

Many options for using special accounts leads to some confusion in understanding terminology, for example, a nominal account, letter of credit, and escro can be used in real estate transactions. From this does not change the idea - the safe cell is replaced by the account.

There are various specific nuances that are important to understand in each case. A description of all underwater stones for general situations is suitable for the textbook, we are trying to explain the essence with simple words.

Here are a few distinctive moments for various account options, they will help you catch a possible difference.

Table: Comparison of nominal accounts.

View of the account	Characteristics
Nominal	Interest is charged for funds. Money flow can occur regularly. The bank controls compliance with the contract.
Eskrow	A strictly defined amount is blocked on the account, no movement of funds. The bank's remuneration as an escrow agent cannot be charged from cash on the ESCRO account, unless otherwise provided by the Treaty. If the transaction is not satisfied at a certain time, the agent will return the entire amount of the Escrow account owner. The bank is fully responsible.
Accreditative	The ability to get from the bank of credit funds. No need for all participants to work with one hour in one bank.
Laying	Party to the beneficiary may be a bank in which the account is open. It can be opened in advance - when there is no agreement, the second side, finance.
Public deposit	The owner of such an account may be, for example, a notary, bailiff service, court. If funds charged from the debtor, they can only be sent to certain organs, for example in the FTS. Law №212-FZ determines the circumstances to replace the owner of the deposit account. It can be discovered only in a bank with a fundamental capital of more than 20 billion rubles.

Pros and cons

The financial relations between the two parties involving the third, guaranteeing "purity" of relations were always in demand. This is also followed by the main advantages of the considered accounts:

The main advantage of the nominal accounts is - guarantee. This means that for compliance with all the rules registered in the contract are responsible.
The procedure for assessing the success / correctness of action by the parties is clear.
It is known what happens in the case of unauthorized actions / breakdowns of the transaction.
The interests of all sides are most complied with and enshrined in the contract.
Most of the risks of "distrust" are removed.

What can be attributed to disadvantages:

The system of working with nominal accounts is very young, just a few years banks try to focus on foreign experience and adapt it to domestic realities. From the negotiation of all stages and difficulties arise:

Increase operation of operations - deviation from the claimed.
Lack of sufficient quantified specialists.
The need to study the nuances for each concrete inepar case.

The editorial office of the Civil Code of the Russian Federation in 2014 was supplemented with 10 points on nominal accounts and escrow (PP 860.1 - 860.10). In this edition, 15 complemented and modified points. Works in this direction are actively conducted, as many issues in the laws require detailed study and amending the feedback from banking and legal practice.

Practice of using rated accounts

We will analyze the basic typical use situations - are actively used by banks.

On the child for guardians

In the situation of the need to obtain social payments in favor of children, a convenient option will be to use a nominal account for a child.

In this case:

The beneficiary is a child, whose name goes payments.

Account owner - parent / guardian.

Such nominal accounts are provided for money intended for money and must be spent on the content of the ward.

What payments can come here: Alimony, payments for the maintenance of minor, benefits, pension for the loss of the breadwinner, etc.

Essence: The account opens in the name of the guardian, but the money formally belongs to the child. And must be consumed in the interests of the child.

Protection: funds will not be arrested if the guardian has any arrears on which possible recovery.

Important: Not all payments will come to such an account. What funds will not come - the remuneration of guardians, i.e. Money directed for guardians.

What is the advantage - it is possible to spend finance without asking additional permits from guardianship authorities. But as before, it is necessary to report until February 1 in the custody. Reports apply not to all. For example, parents receiving alimony - no need to pass reports.

What are the flaws - the guardianship bodies may request (despite the presence of bank secrecy) in the bank information on spending funds from a nominal account - an extract in electronic or writing, which is impossible for other personal accounts, for example, for deposits. Pay attention to the possibilities of remote work under the remote banking service. Perhaps many operations will be unavailable through an online bank. It is necessary to clarify this when applying for opening and familiar with the tariffs.

If a child is 3, then you will have to open 3 accounts - 1 account owner and 3 beneficiaries. You need an additional application for the transfer of all funds to one separate regular account.

For opening no need to permit the guardianship authorities, only documents are needed:

Passport.
Confirmation on guardianship.
Passport / child's birth certificate.

After discovery, you can get account details and transfer them to officials to the body that makes regular enrollments to the child.

Detailed comments on interaction with nominal accounts from a lawyer for family and children's law Heads A.A.

Other social payments

The situation looks likewise with other fees for harm to health, on the loss of breadwinner, alimony, pensions, benefits, and any other funds paid to the holder:

juvenile
incapable
limited capable citizens.

A package of documents that must be clarified when opening an account is changing.

In all these cases:

Beneficiary- This is the one who allocates money.

Account owner - Trustee, guardian.

Nominal account when selling apartments / mortgage

In 2017, the service of safe calculations service has appeared in the service of Sberbank. It is through the use of nominal accounts and possible such a service.

In fact, instead of a bank cell, an account is used.

Beneficiary: Real Estate Seller (beneficiary).

Account owner: Depends on the organization, in Sberbank this is the CNS.

Risks of cash manipulations are removed,
Checking the procedure.
Raisses the speed of design.
Additional guarantees and for the seller and for the buyer.
Reducing document management (even compared to a letter of credit, which is also actively used for such transactions).

What does the deal look like, the main steps:

Agreement is drawn up.
The buyer opens a nominal account.
The buyer translates the amount needed to purchase.
The bank blocks money until the terms are fulfilled.
Real estate registration, confirmation of the change of the owner, obtaining data EGRN.
Money is transferred to the seller's personal account.

In the opinion of the editors, a more suitable term for such an account would be not "nominal", but "Escrow" - after all, it is blocking the amount before performing certain conditions is its characteristic feature.

Most likely the terminology used is designed not to scare customers with new strange words. In fact, as we found out higher, in the Civil Code of the Russian Federation 3 accounts refer to nominal: escrow, public deposit and directly - nominal.