the main » For consumers

What does a deposit agreement look like in a Sberbank. What is a bank deposit agreement? Deposit agreement completed

Deposit - money placed in banks by citizens and organizations. The legal nature of the contract bank deposit the legal doctrine recognizes a loan obligation (the debtor, that is, the bank, is obliged to pay for the use of the depositor's money by charging interest).

The deposit agreement with citizens is public, in connection with which the bank concludes with all citizens on equal terms. Relationships are formalized in writing (Article 836 of the Civil Code of the Russian Federation) in one of the following forms:

  • as a single document signed by the parties;
  • savings book or certificate;
  • another document issued by the bank and complying with the requirements of the law.

What, according to the bank deposit agreement, the bank has the right and what it is obliged to do

After the client has deposited money into the account, the bank has an obligation:

  • on the return of the Money within the agreed period;
  • payment of due interest in the amount established by the agreement, if all conditions have been met on the part of the depositor.

At the same time, the bank has the right to lower the interest rate if the depositor did not fulfill his obligations, for example, closed the deposit and withdrew money earlier than the deadline, including in the event that the client did not demand money after the end of the prolonged agreement (see the decision of the magistrate of the judicial section No. 26 of the Samara region from 01/23/2015 in case No. 2-2 / 15).

The issues of the bank's proper performance of obligations are subject to the general rules of the Civil Code of the Russian Federation, detailed information about which can be obtained by reading the articles Performance of obligations under an agreement in accordance with the Civil Code of the Russian Federation and Improper performance of obligations - a concept.

Bank account agreement: relationship with bank deposit

Relations arising from the execution of a bank account agreement are governed by Ch. 45 of the Civil Code of the Russian Federation. At the same time, its rules apply to legal relations on the account to which the deposit is credited (clause 3 of article 834 of the Civil Code of the Russian Federation).

The bank deposit is used to save and increase your capital, and the bank account agreement has the main purpose of making non-cash transactions, such as:

  • admission and enrollment;
  • translations;
  • write-offs;
  • other operations.

This nature of the contract makes it possible to class it as a contract for the provision of services for a fee.

So, sample bank deposit agreement can be developed in the form of a single document signed by the parties, as well as in the form of a passbook or certificate. A bank deposit is actually a loan of money by a bank from a depositor, a bank account agreement is concluded for making non-cash transactions with money. At the same time, the rules on the bank account agreement are subsidiaryly applied to the depositor's account.

The bank deposit is quite popular among the population of Russia, since it is found everywhere, and allows you to get a certain profit from your own funds.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

At the same time, it is important to correctly draw up and sign the agreement so that it is legal from the point of view of the law and can prove the existence of a business relationship between the bank and the depositor.

Therefore, it is important to find out how the bank deposit agreement is being executed in 2019, since the agreement does not change in general, but some details may differ.

You also need to ensure that the contract is correctly drawn up, so that it contains correct and relevant information.

After all, the signing of the contract confirms the client's familiarization with the terms of the transaction and in the future this will be the reason for going to court if any rights or conditions have been violated.

Therefore, the client, before signing the paper, should familiarize himself with its content and ask questions if any of the points seemed controversial.

General points

The agreement drawn up with a deposit necessarily contains information about the amount of the deposit, interest and other nuances of a particular transaction.

For the agreement to be correct, it is necessary to indicate all the necessary data of the parties. In the case of a bank, the column required for its data has already been filled in and the client only needs to control the entry of his information into the required columns.

And of course, if you want to collect the money after a certain period, then care should be taken that the agreement does not contain a provision for the prolongation of the contract after the end of the previous one.

What it is

A bank deposit is a certain amount of money, which, after opening the program, is transferred to the temporary use of the bank and is used by it for its own purposes.

Contributions usually account for most of the principal working capital, and thanks to them, banks are able to carry out all the necessary financial activities.

Therefore, the conditions for opening deposits are very democratic and allow most people who have enough money to take advantage of this.

So, the contribution allows people to make money on their own money, and at the same time without fear of losing it. And the funds deposited in the bank are protected not only by law, but also by the insurance program.

Which is provided by the state and in the future, in the event of unforeseen circumstances, the contribution will be compensated from public funds completely or partially.

Deposit insurance is a mandatory procedure for individuals, which consists in paying the deposit in case of difficulties or any troubles.

When making a deal, usually information about insurance is indicated in the contract itself, or is on separate sheets, but in either case, the client has full right familiarize yourself with the terms of insurance.

What is the purpose of signing

The agreement should be formed to protect the client who gives money to the bank, because the bank itself does not lose anything, but it will be difficult for the client later to prove the existence of any movement of money if the agreement prepared according to the legislative model is not prepared and signed.

Therefore, the contract is very important, since its conditions will influence in the future, and it will.

For example, the agreement is found in, but at the legislative level all banks must use it.

With the signatures of both parties, the contract is approved and enters into force immediately, therefore, before signing, as the most important stage of registration.

It is necessary to check the information specified in the agreement again and clarify controversial or simply incomprehensible points with the consultant, but it also does not hurt to familiarize yourself with the regulatory legislation in order to accurately understand all the features and key points of opening a deposit.

Legal framework (Civil Code of the Russian Federation)

Starting from the contract, and ending with the definitions of a passbook and a certificate of deposit. So, information is disclosed regarding the agreement drawn up when opening a deposit.

It states that if the depositor is a citizen, then the agreement is a public document, and legal entities cannot transfer deposit funds to other persons.

Article 838 talks about interest. According to the legislation, the rate is charged according to the amount specified in the signed agreement, but the interest may vary.

Essential conditions

The terms of the transaction in the contract must be spelled out clearly. It is best to start studying the agreement with the following points:

  • on the interest rate and the method of its accrual;
  • fines for violation of the terms of the transaction;
  • regarding the terms of termination of the contract.

These points will help you understand the main focus of the transaction and the laws that should be followed for successful cooperation. Here you can also find pitfalls that should be avoided.

Responsibility of the parties

In the document of the contract, there must be a clause that tells about the main provisions on the responsibility of the parties to the agreement. In the case of a depositor, this may be the responsibility for early termination of the deposit.

For the bank, the main responsibility is the safety of the depositor's funds and compulsory insurance deposit.

Their rights and obligations

The depositor's rights include the following provisions:

  • place funds;
  • terminate the contract before the expiration date;
  • receive benefits from the placement of funds in the manner prescribed by the contract.

Obligation to place funds on a deposit account and compliance with all the conditions of the deposit are the obligations.

As for the banking organization, it can:

  • dispose of non-cash funds at their own discretion;
  • offer their terms of placement for the depositor.

But the list of responsibilities includes the return of funds upon the expiration of the deposit and the payment of interest.

Judicial practice by agreement

If there are provisions in the deposit agreement that violate the rights of the depositor, then he can file a lawsuit against the banking organization. Such cases arise on the basis of incorrect calculation of the interest rate.

In accordance with Russian legislation, it is possible to remove from the deposit agreement a clause that violates the rights of one of the parties to the agreement.

But if the calculations comply with all the norms, then it will not be possible to cancel the low rates and achieve a recalculation of the amounts of payments.

Therefore, it is best to hire a specialist who can analyze the contract and conclude whether there are violations in a particular contract.

How termination is carried out

If it is necessary to terminate the agreement, then such an operation is carried out directly at the branch of the banking organization.

To withdraw funds from a deposit account, you should write the appropriate one.

Frequently asked Questions

Registration of an agreement for placing a deposit is associated with a variety of legal terms and provisions. Therefore, various kinds of questions often arise that should be dealt with immediately.

Can this view be free of charge

A deposit in a banking organization is essentially an investment in a specific bank. Using the invested funds, the institution makes a profit and develops its business.

Therefore, according to the law, a banking organization must pay a fee to the depositor.

IN banking always used interest rates to quickly determine the income from the deposit.

Even in the event of early termination, a demand rate is charged, which is 0.1% and represents the nominal interest.

What is the responsibility for violation of the depositor

In case of various violations of the deposit agreement, sanctions may be applied against the depositor. The only condition of the contract that the client can violate is to terminate the transaction ahead of schedule.

Responsibility for this is provided directly by the terms of the contract. Therefore, it is worthwhile to stipulate in advance the provisions that will govern such a situation during the transaction.

The conclusion of a deposit agreement is an important part of the transaction. And you should pay special attention to all documents.

represented by a person acting on the basis, hereinafter referred to as " Bank", On the one hand, and a citizen, passport (series, number, issued), residing at the address, hereinafter referred to as" Depositor", On the other hand, hereinafter referred to as" Parties", Have entered into this agreement, hereinafter referred to as the" Agreement ", as follows:
1. The Subject of the Agreement

1.1. The depositor shall transfer rubles to the bank as a deposit on the day of the conclusion of this agreement.

1.2. The placement period is not set (or is set in months from the date of the conclusion of the agreement, or from the day following the day of the conclusion of the agreement).

1.3. The deposit is opened on the basis of the established form, passport and the entire amount of the deposit.

1.4. Interest on the deposit is calculated in foreign currency only for the period of placement, at the rate of% per annum.

1.5. Payment on the deposit is made (options: at the end of the deposit, quarterly, monthly, with the extension of the deposit for the expired period).

1.6. In case of early return of the deposit, interest (options: not accrued; interest remains unchanged; interest is paid on an annual basis).

1.7. The size of the interest rate can be changed in accordance with the decisions adopted by the Central Bank of the Russian Federation and other authorized state bodies, regulating interest rates on deposits and deposits of citizens.

In this case, the change in the interest rate is made by the Bank from the date of its introduction unilaterally without re-signing the agreement.

1.8. The deposit and interest on it are issued to the Depositor only upon presentation of the contract (original) and passport.

2. Obligations of the bank

2.1. Accept the deposit and keep the Depositor's funds.

2.2. Make a deposit, issue a confirmation of receipt of money from the Depositor in the amount of rubles.

2.3. To fulfill, within the limits of the funds on the deposit, the written instructions of the Depositor on non-cash payments from the deposit.

2.4. Return the deposit with accrued interest at the first request of the Depositor.

3. The rights of the depositor

3.1. Dispose of the deposit both personally and through your representative for notarized activities.

3.2. Receive income on the deposit in the form of interest or in any other form.

3.3. Make non-cash payments.

3.4. Bequeath the entire deposit or its share with accrued interest.

4. Obligations of the depositor

4.1. Transfer money to the Bank in the amount of rubles up to "" year.

4.2. (option) Notify the bank about the extension of the period provided for in clause 1.2, no later than calendar days, before its expiration and, within the next five days from the date of notification, issue an addendum to the agreement on its prolongation.

4.3. In case of early termination of the agreement, the Depositor must notify the bank in writing in advance.

5. Obligations of the bank

5.1. In case of untimely return of the deposit and the interest accrued on it, the Bank shall pay the Depositor a penalty in the amount of% for each day of delay of the entire withheld amount, starting from the day following the day of the end of the placement period.

6. Forty validity of the contract

6.1. The Agreement comes into force from the date of its signing and is valid until the return of the amount of the deposit and interest accrued on it to the Depositor.

6.2. (option) Early return of the deposit and the interest accrued on it is not allowed or is made by the Bank on the basis of a written notification of the Depositor.

6.3. Changes and additions to the contract are made by agreement of the parties and are drawn up as an addendum to it.

7. Procedure for resolving disputes

7.1. If any questions arise (including the loss of the original agreement or passport), the Depositor is obliged to contact the Bank by phone. ...

7.2. All disputes between the parties are considered in the manner prescribed by law.

8. DETAILS AND SIGNATURES OF THE PARTIES

Bank

  • Legal address:
  • Mailing address:
  • Phone fax:
  • INN / KPP:
  • Checking account:
  • Bank:
  • Correspondent account:
  • BIK:
  • Signature:

Depositor

  • Registration address:
  • Mailing address:
  • Phone fax:
  • Passport series, number:
  • Issued by:
  • When issued:
  • Signature:

DEPOSIT AGREEMENT

____________________ “____” _________________ 1993

Savings bank Russian Federation, hereinafter referred to as the "Bank", represented by ______________________________________________________________________________________,

(f., and., f. manager, chairman of the regional bank)

acting on the basis of a general power of attorney issued by the President of the Savings Bank of the Russian Federation (or a power of attorney issued by the chairman of a regional bank) and regulations on the _______________________ bank (or on _____________________________ branch), and _______________________________________________________________________________,

(full name of the enterprise, organization)

hereinafter referred to as the "Depositor", represented by ______________________________________________,

(f., and., about. head of the enterprise)

acting on the basis of the charter, have entered into this agreement as follows.

1. The Subject of the Agreement

1.1. The depositor deposits funds in the Bank in the amount of __________________ (_______________) rubles. for storage in the form of a deposit for a period from ___________ to _________ with the receipt of income on it at the rate of ____________ (_____________) interest per annum.

2. Obligations of the Bank

2.1. The Bank undertakes to open an account for the Depositor to store the deposit.

2.2. The Bank undertakes to ensure the safety of the Depositor's deposit and the payment of income on it in full accordance with this agreement.

2.3. The bank guarantees the secrecy of the deposit. Submission of information about the deposit without the consent of the Depositor is not allowed, except for the cases stipulated by legislative acts.

3. Obligations of the Depositor

3.1. The depositor undertakes to transfer the amount provided for in clause 1.1 to the correspondent account of the Bank within ____________ calendar days from the date of signing this agreement.

3.2. Not later than __________ calendar days before the expiration of this agreement, established in clause 1.1, the Depositor must submit to the Bank a written notice of termination of the contractual relationship or prolongation of the contract.

3.3. The depositor is obliged to notify the Bank of the early termination of contractual obligations to keep their funds ___________ calendar days in advance.

4. Terms and conditions of the contract

4.1. This agreement comes into force from the moment the Depositor's funds are received on the Bank's correspondent account and is valid until the mutual obligations of the parties are fully repaid. If the Depositor's funds are not received within the period specified in clause 3.1 of this agreement, the latter is considered invalid.

4.2. Additional contributions and partial withdrawals of amounts on the deposit are not made.

4.3. The counting of the storage period of the deposit for calculating income (interest) begins from the moment the Depositor's funds are received on the Bank's correspondent account and ends when they are debited from the Bank's correspondent account.

4.4. When calculating income, the number of days in a month is taken as 30, in a year - 360 (or interest is calculated by storage days).

4.5. Income is paid to the Depositor in a lump sum at the end of the deposit storage period specified in clause 1.1 of this agreement.

4.6. During the storage period of the deposit after the expiration of this agreement, established in clause 1.1, as well as in the event of early termination of the Contractual obligations by the Depositor, the income on the deposit is accrued at the rate of _____________ (_____________) per annum (or not accrued at all).

4.7. In case of violation by the Depositor of the terms of notification of the Bank about the termination of contractual obligations established in clause 3.2, the income on the deposit is calculated at the rate of _______________ (_______________) interest per annum.

4.8. Disputes on issues arising from this agreement are subject to consideration by the arbitration court in the prescribed manner.

4.9. The contract can be changed by agreement of the parties on the basis of an additional agreement.

Legal addresses and Bank details parties

Bank Depositor

_______________________________ _______________________________

(f., and., about. head) (f., and., about. head)

    Deposit agreement. Rights and obligations of the parties.

The concept of a bank deposit agreement

In practice and in the regulations of the Central Bank of the Russian Federation, a bank deposit agreement is often called a deposit agreement. The term "deposit" comes from the Latin word "depositum", which means "luggage", "storage". In modern banking practice, the term "deposit" often has a broader meaning than just a synonym for a cash deposit. For example, deposit operations of foreign banks cover transactions of different legal nature with different types of assets.

An open deposit can be of the following types:

open regular deposit. The Bank undertakes to keep the securities transferred by the client, which, in the absence of a direct indication in the agreement, remain the property of the client (regular storage agreement);

open irregular deposit. The client transfers to the bank a certain amount of money or other fungible property, in particular bearer securities, and the bank undertakes to return not the transferred property, but a similar one for the same amount.

There are different points of view regarding the legal nature of the open money deposit in the Swiss doctrine. It is considered as irregular storage or borrowing;

limited regular deposit. According to the agreement concluded with the bank, the client transfers him securities, the numbers of which are not included in the content of the agreement. The client can demand the return of other securities for the same amount (irregular storage agreement);

digital deposit. It differs in that the right to dispose of this deposit does not depend on the name of a particular owner and his personality. The right to dispose of the deposit belongs to the one who knows the number or the corresponding key to the account (a type of cash deposit).

However, Russian legislation and banking practice is mainly aware of cash deposits. For this reason, in the future, we will restrict ourselves to one type of deposit operations - a monetary (or, in the terminology of the Civil Code, bank) deposit.

Legal relations under the bank deposit agreement have undergone a number of serious changes in the process of formation and development of credit institutions. In the early days of banking, money was placed in banking institutions as deposits on the condition that the same coins that were deposited were subject to return. Thus, here the term "deposit" corresponded to its content. A fee was paid for the services of the keeper. At the same time, the clients retained the ownership of the amounts they contributed and were able to receive them at any time. Banks, however, could not dispose of the deposit accepted for safekeeping.

G.P. Nebolsin wrote: “Every Russian and foreign citizen can contribute to the bank a gold and silver coin, as well as gold and silver in bullions, in the amount of at least 150 rubles in silver for storage for a certain period of time, after which they must be claimed by the depositor. ... are stored in special boxes or chests, with the name of the depositor and the number under which they are recorded in the books of the bank, and with the bank and deposit seal attached to them. "

However, the banks soon noticed that with more or less strong public confidence in them, the total number of deposits remained almost unchanged from day to day: some deposits were withdrawn, others entered the bank. Hence, the banks got the idea to use depositors' money for their lending operations. At first, this was done in a hidden way, since banks did not have the right to distribute the funds entrusted to them. Then, when the clientele was convinced of the complete safety of such transactions, banks were able to act openly. They began to attract other people's temporarily free funds in order to use them as credit resources. A certain percentage was paid to depositors. In view of this, the investment operation completely changed its character. Custody deposits have gradually evolved into deposits for use. The nature of the bank deposit agreement remained the same under the current legislation.

In accordance with Art. 834 of the Civil Code under a bank deposit (deposit) agreement, one party (bank), which has accepted the money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner provided for by the agreement ...

The above definition shows that we are talking specifically about a monetary contribution. This agreement is real and is considered concluded from the moment the deposit amount is made to the bank's cash desk or it is credited to its correspondent account. If, despite the signing of the agreement as a document, its amount has not been transferred to the bank, such an agreement should be considered invalid. Thus, a bank deposit agreement is a causal transaction. The purpose of the bank deposit agreement is to provide the bank with a certain amount of money in ownership with the obligation to return.

The contract in question is unilateral. It gives rise to the obligation of the bank to return to the depositor the amount of the deposit transferred to him, together with the stipulated interest, and the corresponding right of the depositor to demand that the bank fulfill his obligation.

In accordance with paragraph 1 of Art. 838 and Art. 834 of the Civil Code, the bank is obliged to pay interest to the depositor. Thus, the bank deposit agreement is onerous, and the interest condition is an essential condition of the agreement in question.

Clause 2 of Art. 834 of the Civil Code recognizes a bank deposit agreement, in which the depositor is a citizen, public. Hence the consequences provided for by Art. 426 CC.

First, the bank does not have the right to refuse a citizen to accept a deposit under the following conditions: a) according to the constituent documents and the license, the bank has the right to savings operations; b) accepting a deposit does not violate legislation and mandatory prudential standards established by the Bank of Russia; c) the bank has not suspended further acceptance of deposits from the population for economic or other reasons; d) the bank has the necessary production and technical capabilities to accept a deposit (free tellers, spacious operating rooms, etc.); e) there are no other reasons that deprive the bank of the opportunity to accept the deposit.

If, in the presence of the above circumstances, the bank refused to accept the deposit, the citizen has the right to go to court with a claim for compulsion to conclude a bank deposit agreement on the terms offered to other depositors of this bank, as well as recover losses caused by the bank's evasion from concluding an agreement. From Art. 426 of the Civil Code it follows that the court can refuse to satisfy such a claim only in one case: the credit institution was not able to accept the deposit. The bank's right to refuse a client to accept a deposit may be provided for by a law or other legal act. For example, a bank is obliged to refuse to conclude a bank deposit agreement in the cases provided for in paragraph 5 of Art. 7 of the Federal Law of August 7, 2001 "On Counteracting the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism".

Secondly, when concluding an agreement, the bank does not have the right to give preference to some depositors over others, for example, to charge a higher interest rate on the deposits of bank employees (in comparison with the deposits of other citizens). This rule applies only to deposits transferred under the same conditions. The bank can differentiate its interest rates depending on the term of the agreements, the amount of deposits and the conditions for their return.

A bank deposit agreement concluded with a legal entity is not public, therefore the restrictions provided for in Art. 426 Civil Code, do not apply.

Rights and obligations of the parties

After the conclusion of the bank deposit agreement, the bank has three main obligations: to return the depositor the amount of the deposit in the manner prescribed in the agreement; pay him remuneration in the form of interest for the entire period of using other people's funds, as well as provide the depositor with security for the return of the deposit in one of the ways provided by the law.

The bank returns the deposit in accordance with the agreement and taking into account the requirements of Art. 834 and 861 Civil Code. For an individual, the deposit can be returned both in cash and by bank transfer. Moreover, the depositor can give an order to transfer the amount of the deposit to the account of a third party. To a legal entity - a depositor, the bank has the right to return the amount of the deposit only by transferring it to one of the current accounts belonging to the same client. Clause 3 of Art. 834 of the Civil Code prohibits legal entities from transferring funds in deposits (deposits) to the accounts of third parties.

In the event that a bank deposit agreement is concluded in a foreign currency, the proper fulfillment of the bank's obligation will consist in returning them the amount of the deposit in the same foreign currency, if this currency operation is permitted by currency legislation. The bank is not entitled, referring to Art. 140 of the Civil Code, oblige the depositor to accept the ruble equivalent of his debt as "legal tender". The norm of Art. 140 of the Civil Code does not abolish the principle of proper performance of an obligation. Without the depositor's consent, the bank's foreign exchange obligation to return the deposit can be replaced by a ruble one only if the bank's banking license is revoked

Since the amount of the deposit transferred to the bank is capital, the remuneration due to the depositor is traditionally calculated in annual interest. However, in fact, interest is calculated by the bank for each day the depositor's funds are used. The legislation establishes the rules for calculating and paying interest.

In Art. 839 of the Civil Code contains an imperative rule that the day of transfer to the bank of the deposit amount and the day of its issuance to the client are not included in the period when the interest specified in the contract must be calculated on the deposit amount (interest period). You should not allow any other interpretation of the norms of paragraph 1 of Art. 839 Civil Code. Its unsuccessful edition is capable of misleading: it is unclear whether the day preceding the return of the deposit is included in the interest period. The exclusion of the days of depositing and returning funds from this period can be explained by the fact that at this time the amount of the deposit is in the bank for an incomplete day. As for the day preceding the return of the deposit, its exclusion from the interest period is devoid of any grounds and does not correspond to the intention of the legislator. Therefore, it is proposed to consider that the interest period lasts up to the day preceding the return of the deposit, inclusive.

From these acts of the Central Bank of the Russian Federation, it follows that interest under a bank deposit agreement should be charged on the opening balance at the beginning of the corresponding operating day. The application of this rule makes it possible to establish that the interest period is determined by excluding from the period when the deposit is in the bank only the day of making the deposit. In this case, the bank is obliged to charge interest for the use of the depositor's funds on the day the deposit is returned to him. The obvious contradiction between the Civil Code and the aforementioned regulations of the Central Bank of the Russian Federation gave rise to many questions. It seems that in the event of this conflict of norms, the Civil Code is subject to application by virtue of paragraph 2 of Art. 3 GK.

The terms (day, month, quarter, year, etc.) and the procedure for paying interest on the deposit (with capitalization, without capitalization) must be agreed by the parties in the agreement. In the absence of another agreement, the depositor has the right to demand payment of interest on a quarterly basis, and the unpaid interest increases the amount of the deposit (capitalization), on which interest is then charged (clause 2 of article 839 of the Civil Code). If the deposit is to be returned before the end of the relevant period, then bank interest is calculated on its amount based on the actual time of using the client's funds (incomplete interest period) and paid simultaneously with the return of the principal amount of the deposit.

Interest on foreign currency deposits is calculated in foreign currency.

The legislation provides that the return of deposits of citizens can be ensured by:

a) compulsory insurance at the expense of the federal fund for compulsory deposit insurance (Article 38 of the Law "On Banks and Banking Activities"). The procedure for the creation, formation and use of this fund is determined by federal law (Article 38 of the Law "On Banks and Banking Activities");

b) subsidiary liability of the Russian Federation, constituent entities of the Federation, as well as municipalities for bank debts - in cases established by law;

c) voluntary insurance of deposits (Article 39 of the Law "On Banks and Banking Activities");

d) the implementation of traditional methods of ensuring the return of deposits by the bank provided for in the agreement (clause 2 of article 840 of the Civil Code).

In accordance with Federal law of December 23, 2003 "On the insurance of deposits of individuals in banks of the Russian Federation" defines the legal basis for the deposit insurance system, the formation and use of its monetary fund, payments of compensation for deposits in the event of insured events. The deposit insurance system is built on the basis of the obligatory participation of banks in it. The participants in the deposit insurance system are: depositors recognized as beneficiaries, insured banks and the Deposit Insurance Agency - the insurer.

In accordance with the said Law, all deposits are subject to insurance, including those placed in the bank on the basis of a bank account agreement, except for: 1) those placed on the accounts of citizens of an entrepreneurial nature; 2) placed in bank bearer deposits; 3) transferred to banks on the basis of trust management; 4) placed in deposits in branches of banks of the Russian Federation located outside the territory of the Russian Federation.

Deposit insurance is carried out by virtue of the Law and does not require the conclusion of an insurance contract.

The depositor's right to receive compensation for deposits arises from the date of occurrence of the insured event. An insured event is recognized as: 1) revocation (cancellation) of the Bank of Russia license to exercise banking operations; 2) the introduction by the Central Bank of the Russian Federation of a moratorium on the satisfaction of the claims of the bank's creditors. The depositor (his representative) has the right to apply to the Agency with a demand for payment of compensation for deposits from the date of the insured event until the day of completion of bankruptcy proceedings, and if the Bank of Russia introduces a moratorium on satisfying creditors' claims - until the day of the end of the moratorium. Reimbursement for deposits is paid to the depositor in the amount of 100% of the amount of deposits in the bank in respect of which the insured event occurred, but not more than 100 thousand rubles. If a depositor has several deposits in one bank, the total amount of obligations of which on these deposits to the depositor exceeds 100 thousand rubles, compensation is paid for each of the deposits in proportion to their size. If the insured event occurred in relation to several banks in which the depositor has deposits, the amount of insurance compensation is calculated in relation to each bank separately.

In accordance with para. 2 p. 1 art. 840 CC, depositors - citizens of the Russian Federation have the right to present to the Russian Federation, constituent entities of the Russian Federation, as well as municipalities a claim for bringing them to subsidiary liability for the debts of those banks: a) to which the depositors have already made relevant claims, but they were not satisfied; b) in the capital of which more than 50% of shares or participatory interests belong to the Russian Federation, constituent entities of the Federation, municipalities.

Until January 1, 2007, in accordance with Art. 49 of the Federal Law "On Insurance of Deposits of Individuals in Banks of the Russian Federation" the return of deposits of individuals in terms of amounts exceeding the amount of compensation for deposits determined by the specified Law in credit institutions in whose capital the Bank of Russia participates is ensured by subsidiary liability of the Russian Federation at the request of the depositor to the bank.

There is no developed system of voluntary insurance of deposits in the Russian Federation. In some rare cases, banks enter into deposit insurance contracts up to a certain, fairly low amount. Thus, the requirements of Art. 840 Civil Code are carried out in this case only formally.

Methods for ensuring the fulfillment of obligations listed in Art. 329 - 381 GK, are not used in banking practice to ensure the return of deposits. Sometimes the agreements indicate that the return of deposits is ensured by the amounts of required reserves deposited with the Bank of Russia. but required reserves cannot exceed 20% of the amount of funds raised. Considering that the bank deposit agreement is unilateral, the depositor does not bear counter-obligations to the bank. He has only the rights corresponding to the above obligations of the bank.

The bank may be held liable for violation of obligations under the bank deposit agreement, for example: accepting a deposit in violation of the procedure established by law; untimely return of the deposit amount; late payment of interest; failure to fulfill obligations to ensure the return of the deposit amount.

Article 835 of the Civil Code (clause 2) provides for different legal consequences of accepting a deposit without an appropriate license from the Bank of Russia, depending on whether the depositor is an individual or a legal entity. In the first case, the depositor has the right (but is not obliged) to demand an immediate early return of the deposit amount, as well as the payment of interest provided for in Art. 395 Civil Code, and compensation in excess of the amount of interest of all damages caused to him. In this case, the interest stipulated by the contract is not paid. In such cases, the contract is voidable. If the depositor - entity, then the deposit agreement is invalidated under Art. 168 (void transaction) with the application of the consequences provided for in paragraph 1 of Art. 167 Civil Code. The person who accepted the deposit is obliged to return the amount of the deposit as unjustifiably received property (Art. 1102 of the Civil Code), as well as reimburse the depositor for lost income (Art. 1107 Civil Code), including the interest established by Art. 395 Civil Code. The consequences provided for in paragraph 2 of Art. 835 of the Civil Code, clause 3 of the same article is extended to cases when the attraction of funds was not formalized by a bank deposit agreement, but by means of a transaction of a different legal form (for example, a bill of exchange, bond, etc.) securities). Clause 3 of Art. 835 of the Civil Code is aimed at combating various methods of circumventing the norms on the protection of the rights of citizen depositors.

In case of untimely return of the deposit and payment of interest, the bank may be held liable by the depositor under Art. 395 Civil Code. However, the arbitration practice allows the accrual of the interest provided for by it only on the amount of the principal debt (that is, on the amount of the deposit). Interest for the use of other people's funds should not be charged on the amount of interest for the use of the deposit, unless otherwise provided by law. In the event of an untimely return of a foreign currency deposit, the refinancing rate of the Bank of Russia (clause 1 of article 395 of the Civil Code) cannot be applied, since it is set only for ruble transactions.

In accordance with paragraph 52 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of July 1, 1996 N 6/8 "On some issues related to the application of part one of the Civil Code of the Russian Federation", the amount of interest to be collected in this case is established on the basis of a certificate from one of the leading banks at the location of the lender, submitted by the plaintiff as evidence, confirming the rate applied by him on short-term foreign currency loans. Currently, the Bank of Russia publishes average interest rates on short-term foreign currency loans in the Bank of Russia Bulletin. In addition to collecting interest under Art. 395 of the Civil Code, the depositor can recover from the bank losses caused by the violation of its contractual obligations, offsetting the interest paid (clause 2 of Article 395 of the Civil Code).

If the bank fails to fulfill its obligations under the law or the bank deposit agreement to ensure the return of the deposit, as well as in case of loss of security or deterioration of its conditions, the depositor has the right to demand from the bank an immediate return of the deposit amount (termination of the agreement), payment of interest on it in the amount of the current refinancing rate of the Bank of Russia ( clause 4 of article 840 of the Civil Code), as well as compensation for losses caused to him.

Termination of the bank deposit agreement is carried out according to the general rules of Ch. 26 of the Civil Code as a result of proper execution (return of the deposit), as well as early termination of the contract (Art. 450 of the Civil Code). A feature of the legal regime of a bank deposit is the presence of special rules providing grounds for unilateral termination of a bank deposit agreement on the initiative of the depositor (clause 2 of article 835; clause 2 of article 837; clause 4 of article 840 of the Civil Code). The possibility of such cases in the law is provided for in paragraph 2 of Art. 450 GK.

For example, the norm of clause 2 of Art. 837 of the Civil Code provides a citizen who has entered into a term deposit agreement with a bank, the right to demand the return of the entire amount or part of it earlier than the established deadline. These actions of the depositor should be considered, respectively, as unilateral termination of the contract or unilateral change of its conditions, the possibility of which is provided for by law (Article 310 of the Civil Code). In the latter case, the term deposit agreement becomes a demand deposit agreement. The right of a legal entity carrying out entrepreneurial activity to an early return of the deposit may be provided for by an agreement (Article 310 of the Civil Code). Otherwise, early return is allowed only with the consent of the bank. A non-profit organization cannot demand an early return of the deposit either on the basis of an agreement (this is directly prohibited by the norm of Article 310 of the Civil Code), or on the basis of the law due to its absence.

The procedure for terminating a bank deposit agreement in the above cases is determined by the general rule of par. 1 p. 2 art. 450 GK. Therefore, if the bank refuses to return the deposit amount, upon request, the depositor has the right to apply to the court with a claim to terminate the bank deposit agreement and to recover its amount together with the interest and penalties due.

The company intends to become a depositor and receive interest on the amount transferred to the bank. In order not to miss important details in the bank deposit agreement, check the text according to the sample document.

In this article

When a company transfers its funds to a bank for safekeeping, it becomes its depositor. The transaction is drawn up with a bank deposit agreement. The agreement is drawn up in accordance with the instructions. The bank acts as one party to the agreement. The second party can be an organization or individual... If a citizen participates in the transaction, the contract is recognized as public (part 2 of article 834 of the Civil Code of the Russian Federation). In addition to the Civil Code, consider the norms, as well as acts of the Central Bank of the Russian Federation and other regulations.

When making a bank deposit, check the conditions according to the sample agreement

The agreement confirms that the depositor has transferred and the bank has accepted the amount of money for safekeeping. In relation to these funds, the bank has obligations:

  1. Pay interest on the amount.
  2. Carry out its return within the time period specified by the parties, or ahead of schedule (part 1 of article 834 of the Civil Code of the Russian Federation).

When a company transfers money to a bank as part of a bank deposit agreement, an account is opened for it. The relationship between the depositor company and the credit institution is regulated by the rules, unless the agreement requires otherwise (part 3 of article 834 of the Civil Code of the Russian Federation).

In the bank deposit agreement, they write from whom exactly the bank received the funds. It can be either the investor company itself or a third party. The rule is that the deposit is replenished not only by the depositor himself, but also by other persons. The bank will credit to the account any funds that will be received in the name of the depositor, if the data is correct. It is assumed that the bank's counterparty under the deposit agreement agrees with such a replenishment scheme and provided third parties with information about his account (Article 841 of the Civil Code of the Russian Federation). Therefore, the primary contribution may also come not from the company itself. If the company wants to limit the ability to replenish the account or provide for a different scheme, the corresponding conditions are included in the bank deposit agreement. But the company is not entitled to transfer funds from this account to other persons (part 3 of article 834 of the Civil Code of the Russian Federation). She can only close the deposit and withdraw the money.

The norms of the Civil Code of the Russian Federation on bank deposits impose special requirements on the form of the agreement. The agreement must be in writing. If the contract was concluded in violation of the form, it is null and void (Article 836 of the Civil Code of the Russian Federation). Confirmation that the deposit agreement was concluded according to the rules will be the document that the depositor received from the bank when completing the transaction. This could be:

  • savings book, if the other party to the contract is an individual;
  • savings certificate;
  • certificate of deposit;
  • another document that certifies the conclusion of the transaction.

The document must comply with the legal requirements for the design and content of such documents, as well as banking rules and business customs.

Write down interest and liability conditions in the bank deposit agreement

The agreement with the bank is subject to general requirements to the conduct of contractual work. In particular, this applies to the terms of the deal. In the text of the bank deposit agreement, essential and additional conditions are listed. The essential terms of the agreement between the client and the bank on the deposit include the subject of the transaction. Be sure to indicate in the section about the subject that the bank:

  1. Receives the given amount. Here they write from whom exactly the contribution came.
  2. It undertakes to return it within a specific period of time or before its occurrence at the request of the account holder in accordance with the terms of the transaction. The condition on the validity period of the bank deposit agreement is included in the text if the deposit is urgent (part 1 of article 837 of the Civil Code of the Russian Federation). The company has the right to issue a demand deposit. Also check the terms and conditions of the return. By general rule the bank is obliged to issue the amount of the deposit and its part on demand, but the text may contain other provisions (part 2 of article 837 of the Civil Code of the Russian Federation).
  3. It is not entitled to unilaterally change the amount of interest for using the deposit. If the deposit is on demand, so that the bank cannot reduce the interest without approval, include the ban in the text of the agreement (part 2 of article 838 of the Civil Code of the Russian Federation).
  4. Has the right to raise funds. The bank's license details are entered here.

The bank must have the right to attract funds for deposits. This right is confirmed by a license, which is issued in the manner prescribed by law. If the organization receives money from the company without the appropriate permission, the contract is invalid (Article 835 of the Civil Code of the Russian Federation).

Indicate in the terms of the bank deposit agreement what interest the bank is obliged to pay

In the terms of the agreement, fix the amount of interest that you will receive from the amount of the bank deposit, as well as the scheme for their payment (Article 839 of the Civil Code of the Russian Federation). The condition is prescribed in the section "Rights and obligations of the parties." For example, it can be a quarterly payment in the amount of 8% per annum of the amount of the deposit. This interest is calculated:

  • from the next day after the date of receipt of money,
  • until the day of return or the day of cancellation inclusive.

Unless otherwise specified in the bank deposit agreement, interest is paid at the request of the depositor company at the end of each quarter. Interest, which the client has not requested within this period, increases the principal amount. When the deposit is returned, the bank will pay all the interest that it has accrued by this time (Article 839 of the Civil Code of the Russian Federation).

The bank can delay the payment of money when the client needs it. Then the interest under Art. 395 of the Civil Code of the Russian Federation is charged not on the original amount, but taking into account its increase by the amount of unclaimed interest (