How to issue a power of attorney for a deposit in Sberbank. Opening a deposit by notarized power of attorney, do you need a passport of the principal
In accordance with Civil Code Russian Federation A power of attorney may be issued for a period not exceeding three years. If the term is not specified in the power of attorney, it remains valid for one year from the date of its execution. The power of attorney must indicate the date of its commission, while the name of the month is written in words. A power of attorney that does not specify the date of its execution is void.
In the power of attorney, the depositor has the right to provide for the payment to the representative from the deposit of certain amounts monthly or at other times. The depositor may indicate in the power of attorney several persons to whom he grants the right to receive amounts from his deposit.
Power of attorney to receive amounts from the deposit in rubles and in foreign currency can be issued by the depositor in the structural subdivision of the bank.
The depositor can draw up in the structural unit of the bank, where several of his deposits are stored, one general power of attorney to receive amounts from these deposits.
The depositor can draw up a power of attorney for a deposit in rubles or in foreign currency outside the structural unit of the bank that performs operations on deposits. In this case, the power of attorney to dispose of the deposit must be notarized.
The power of attorney for one-time or multiple receipt of amounts from the deposit can also be certified by the organization in which the depositor works or studies, or by the housing maintenance organization at his place of residence.
A power of attorney to receive amounts from a deposit issued by a depositor who is being treated in a hospital or other inpatient medical institution must be certified by the signature of the chief physician medical institution or his medical assistant.
The depositor's power of attorney issued outside the structural subdivision of the bank must be stamped with the seal of the organization whose officials certify this power of attorney.
A power of attorney issued by a depositor who is unable to sign it due to a physical disability, illness or other reasons, at his request, is signed by another person indicating the reason why the depositor cannot sign the power of attorney with his own hand. Such a power of attorney must be notarized.
In the absence of locality certification of powers of attorney by a notary public is carried out by officials of executive authorities authorized to perform notarial acts.
The following shall be equated to notarized powers of attorney:
powers of attorney of military personnel and other persons who are being treated in hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy for medical affairs, a senior or duty officer;
powers of attorney of military personnel, and at the points of deployment of military units, formations, institutions and military educational institutions where there are no notary offices and other bodies performing notarial acts, also powers of attorney of workers and employees, members of their families and members of the families of military personnel, certified by the commander (head) of these units, formations, establishments or establishments;
powers of attorney of persons in places of deprivation of liberty, certified by the head of the respective place of deprivation of liberty;
powers of attorney of adult capable citizens who are in institutions of social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant body of social protection of the population.
A power of attorney for the deposit of a minor depositor under the age of 14 is issued on his behalf by any of his parents (adoptive parents) or guardian with the permission of the guardianship and guardianship authorities.
A minor depositor between the ages of 14 and 18 may issue a power of attorney for a deposit made by the minor himself in his own name, or opened by bank transfer for amounts wages or other monetary earnings due to this minor; the consent of the parents (adoptive parents) or guardian is not required.
For deposits made by someone in the name of a minor aged 14 to 18 years, as well as opened in a non-cash manner for crediting inheritance or insurance amounts, the depositor can issue a power of attorney only with the written consent of the parents (adoptive parents), guardian.
A power of attorney may not be issued in the name of a minor who has not reached 14 years of age.
A power of attorney may be issued in the name of a minor between the ages of 14 and 18, but to receive a deposit under such a power of attorney, the permission of his parents (adoptive parents, guardian) is required.
The investor can issue a general power of attorney at the notary, in which the following must be stipulated:
or the right of a representative to dispose of deposits in banks (credit institutions),
or the right to dispose of property, whatever it may be and wherever it is.
The effect of such a power of attorney applies to all deposits of this depositor located in the structural subdivision of the bank, unless it contains a special clause regarding the prohibition to receive amounts from deposits made after the execution of the power of attorney.
Powers of attorney of depositors - citizens of the Russian Federation, foreign citizens and stateless persons residing abroad, must be certified by the consular institutions of the Russian Federation or local competent authorities of the country of residence with subsequent legalization in the consular institutions of the Russian Federation, unless otherwise provided by international treaties that cancel consular legalization .
After the expiration of the power of attorney issued in the structural subdivision of the bank, the depositor can issue a new power of attorney, the term of which should also not exceed three years.
The depositor may draw up a new power of attorney even before the expiration of the previously drawn up power of attorney. At the same time, he can issue an application for the cancellation of a previously drawn up power of attorney. If the depositor has not filed an application for the termination of the validity of an earlier power of attorney, it shall be valid along with the new power of attorney until the expiration of the new term.
The representative of the depositor may delegate the right to dispose of the deposit or receive amounts from the deposit to a third party, if such a right is granted to the representative in the power of attorney issued to him. The power of attorney issued by way of substitution must indicate its validity period, which cannot exceed 1 validity period of the main power of attorney.
The power of attorney for the disposal of the deposit, issued in the order - i from retrust, must be notarized. If the main power of attorney for receiving amounts from the deposit was certified by the structural unit of the bank where the deposit is kept, or by the organization in which the depositor works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution where he is being treated, then the power of attorney issued by way of substitution must be certified by the organization that certified the main power of attorney.
A power of attorney issued by way of sub-authorization is valid along with the main power of attorney, unless otherwise specified by the depositor in the main power of attorney.
The issuance of a deposit by proxy is made upon the obligatory presentation by the representative of the savings book on the deposit, with the exception of i cases when the account is opened upon enrollment and i the savings on the deposit was not issued.
The power of attorney for the disposal of a deposit opened by crediting, according to which the savings book was not issued to the depositor, must be notarized (or equated to it). And in any power of attorney, the depositor must provide for the right of the representative to conclude a deposit agreement on behalf of the depositor and noil learn the passbook. If the representative is not granted the right Not to conclude an agreement and receive a passbook, the contribution may "and 11, he was paid only in full.
If one person applies for receipt of deposits opened by enrollment under the powers of attorney of several depositors, then their issuance, regardless of the amount, is carried out with the permission of the head of the SCHUN or the chief accountant of a branch of the Savings Bank of Russia or in his deputy.
A power of attorney issued on a deposit opened by a depositor or a representative of a depositor, for which there is no I "I" on the personal account with the signature of the depositor, must be certified in the prescribed manner outside the structural unit of the bank.
The depositor may cancel the power of attorney for the deposit. Cancellation of pre-repposity is also formalized by the depositor drawing up a statement to the structural subdivision of the bank in which he keeps - i h deposit. The depositor has the right to send by mail a notarized (or equated to it) application for the cancellation of the power of attorney.
The issuance of a deposit by proxy is terminated with the death of the depositor upon submission to the structural unit of the bank of the death certificate of the depositor (or its copy), the data of which (number and series, by whom and when issued) are noted in the personal account card.
The structural subdivision of the bank is not responsible for the issuance of a deposit by proxy after the death of the depositor in cases where he was not aware of the death of the depositor.
The validity of the power of attorney is also terminated due to the recognition of the depositor by the court as incapable, partially incapacitated or missing upon submission of documents confirming this to the structural unit of the bank.
It is impossible to make a deposit for several people at the same time, this is obvious, but, like everything direct and clear, there are ways to circumvent the rules here. If you want to manage the funds on your account together with your spouse or other relatives, then issuing a power of attorney to deposit is your option. Learn more about how this happens in Sberbank.
A power of attorney is a transfer of the right to represent the principal and act on his behalf legally. It is important to note that the agreement cannot be verbal or sealed from a children's play set. This is a serious document. Civil Code of the Russian Federation in Art. 185 establishes the procedure for issuing and issuing a power of attorney, and the internal rules of banks cannot contradict or completely ignore it.
The power of attorney for the disposal of the funds of the trustee is issued for one person(less often for several persons) and gives the right to perform the following operations:
- Withdraw funds from a deposit account.
- Close it.
- Transfer the entire amount of the deposit to another principal account or register a long-term order for gradual withdrawal of funds.
- Write off all the money in favor of the loan opened by the depositor or issue (and cancel) an order for a phased write-off from the deposit on a regular basis, the amount in payment of the monthly payment on the loan.
- Request reflection in the passbook of unrecorded transactions.
- If necessary, get a new passbook instead of the used one.
- In case of loss of the passbook, contact the bank.
- Issue an order for a gradual transfer of money from the depositor's account in favor of another person specified in the power of attorney or for issuing cash to the principal in another branch of the bank.
A power of attorney can be issued directly at Sberbank. The preparation of this document by the bank is a paid pleasure. But the certification of a pre-prepared and certified power of attorney is carried out without additional fees. And where can I get ready-made, if not in a bank? The notary also has the right to certify your documents and monitor the correctness of their preparation. This service will cost you from 500 to 2000 rubles.
Presence of a citizen in whose name the transfer of rights is being made at a bank branch or at a notary not necessary. But then the principal is obliged to personally provide information such as passport data and other personal information which can hinder the process. Nevertheless, it is better for both parties to be present at the stage of drafting the document.
One power of attorney may specify more than one authorized person and more than one deposit to be disposed of.
Features of the content of a standard form of power of attorney:
- It is necessary to list all the deposits that are to be disposed of by trustees. The quantity is not limited.
- The date of registration and the expiration date of the power of attorney for deposit management must be written in words.
- Signature as in the passport.
- Describe what types of transactions you trust your representative. If there are no restrictions, this must also be indicated.
Note that blots and corrections are not allowed in the document.
When contacting the bank, the authorized person must have with him:
- passbook or deposit agreement;
- the passport;
- original power of attorney or a notarized copy.
Exceptions to the rules
When it is not possible to draw up papers at a bank branch or resort to the help of a notary, do not despair. Find a standard form of power of attorney on the Internet on your own and fill it out yourself, paying attention to the nuances described by us above. And in addition to the bank and the notary, the following people and representatives of organizations have the right to certify:
- any of the executive authorities (Ministry of Defense of the Russian Federation, Customs or Migration Service, FSB, etc.);
- any of the organs local government(municipal administration, municipal council);
- employer or director of an educational institution;
- chief physician, head of a military hospital;
- commander of a military unit;
- head of places of detention;
- head of social protection.
If the principal lives abroad, the power of attorney must be legalized at the Russian consulate. Legalization can be done in the country of residence and in Russia.
Important! Power of attorney issued in countries former USSR does not require legalization.
What are the grounds for terminating a power of attorney?
Recall that dating in documents of assignment is made in words. If the date is indicated in digital format, the document is invalidated.
In the case when only the date of execution of the power of attorney is indicated, its expiration date is equal to the same date, a year later. Maximum expiry date - 3 years. The deadline must be written in words in the body of the document itself.
It happens that the need for a power of attorney to manage deposits arises due to a serious illness of the depositor. What to do if death occurs? Is a document issued while still alive valid? Of course not. In the event of the death of the depositor, the person who issued the power of attorney or the assignees of the principal must immediately inform the bank about this. The specialist will make a note, and it will be impossible to perform account transactions.
Operations performed by a trustee in the event that he did not know about the death of the principal are recognized as valid and canceled only in judicial order if one of the heirs disputes them.
Other reasons for terminating a power of attorney:
- expiration of the document;
- termination of the activities of a legal entity, if a power of attorney was issued on its behalf (or if it acted as a proxy);
- recognition as incapable of a depositor or a citizen in whose name the document was issued;
- death of a trustee.
It also happens that the depositor himself breaks the connection with the trustee and in unilaterally terminates the power of attorney. A trustee can also act - contact the bank and unilaterally waive the right to manage the trustee's funds.
It is important to responsibly choose trusted persons in order to avoid unpleasant consequences. Beware of scammers who, under the pretext of virtue, can offer you to issue a power of attorney in their name in order to end up stealing money.
I have long wanted to write about the new view of Sberbank of Russia on the norms of Russian civil law and banking legislation. In particular, with regard to the rights of fiduciaries by order in cash(contributions) of their principals.
Both my relatives and I have been keeping deposits in banks for several years, and we want to note that only Sberbank interprets the meaning of these rights in its own way.
Actually I will describe the essence of the problem on my example.
De jure: I have general powers of attorney, certified by a notary, from their parents to commit ALL possible and permitted Russian legislation actions with their funds in deposits in Sberbank.
De facto: from the experience of "cooperation" with the North-Western Sberbank of Russia in St. Petersburg, I have the right to withdraw cash from my parents' deposits without explaining to anyone where and why, but there is no way to transfer them to your bank account!
Sberbank's instruction interprets the Civil Code in its own way
… 1. According to the instructions of the Bank, developed in accordance with the Civil Code of the Russian Federation, other legislative and regulations Russian Federation, instructions Central Bank Russian Federation and obligations to be used by all structural divisions Bank on the basis of a power of attorney certified by a notary, the authorized person has the right to perform the actions provided to him by this power of attorney. The powers of the trustee are determined when considering each power of attorney individually, taking into account the wording used in it. Based on the power of attorney, the authorized person can perform the following operations:
- receive cash from the deposit, including with the closing of the account;
- write off the amount of the deposit from the depositor's account with the closing of the account, to another account in the name of the depositor;
- write off funds, including with the closure of the account, in payment for goods in favor of the depositor;
- issue a long-term order to write off funds from the deposit in payment for goods in favor of the depositor;
- write off funds or issue a long-term order to write off funds in payment for a loan received from the Bank by the depositor or for which the depositor is a guarantor;
- issue a long-term order to write off funds from the depositor's account to another depositor's account;
- cancel a long-term order issued by the depositor or himself, or change its details;
- apply for reflection in the savings book of unrecorded transactions;
- receive a savings book instead of a written one;
- file a claim for loss savings book for suspension expense transactions by account;
- submit an application for the cancellation of a previously completed application for the loss of a savings book submitted by this authorized person;
- issue an application (long-term order) for transferring funds from the depositor's account to the depositor's account or to the name of another person specified in the power of attorney (except for the authorized person himself) in another branch of the Bank or for cash withdrawal to the depositor in another branch of the Bank.
2. In accordance with Part 3 of Art. 182 of the Civil Code of the Russian Federation the representative cannot make transactions on behalf of the represented in relation to himself personally.
3. According to Art. 153 of the Civil Code of the Russian Federation, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and responsibilities.
4. The transfer of funds from the account of the represented to the account of the representative is directed and entails the establishment and termination of civil rights (termination of the property of the represented to the transferred funds and establishment of the representative’s ownership of the same funds), and, therefore, is a transaction.Based on the foregoing, the refusal of bank employees to complete the operation to transfer funds from XXXXXXXX and YYYYYYYY deposits to your deposit is considered lawful ...
I highlighted the contradictions of Sberbank (to myself) in blue and red.
Strange Deals
It is clear that the main argument of the bank is the one according to which I cannot dispose of the property (in my case, cash) of the principals in my favor. And I do not argue with this argument. The only question is what kind of actions of a trusted person can be considered as such. Not all actions should a priori be considered transactions. In my case, this is a deal between whom and whom? Between me and me?! Or between me and Sberbank? And again, there are no complaints about cash, shoot for yourself as much as you want (and who will check) ?!
So, dear colleagues in the banking department contradict themselves…
And you, friends, what do you think?!
P.S. I agree with the position of Sberbank if it also excludes the right of a trustee to withdraw cash from the trustee's account, based on the same legal formulations! It will be interesting to see the reaction of investors then!
Good evening! Yes, the passport of the person in whose name the deposit account is opened is required. This Requirement is established by the Instruction of the Bank of Russia.
Bank of Russia Instruction No. 153-I dated May 30, 2014 (as amended on November 14, 2016) “On opening and closing bank accounts, deposits (deposits), deposit accounts” (Registered with the Ministry of Justice of Russia on June 19, 2014 N 32813) Chapter 5 Opening accounts for deposits (deposits)
5.1. To open to an individual- to a citizen of the Russian Federation, bank deposit accounts are submitted:
b) certificate of registration in tax authority(in the presence of).
If the contract bank deposit the possibility of transferring funds from the deposit account is provided, a card is presented. At the same time, documents confirming the authority of the persons indicated in the card to dispose of the funds on the deposit account (if such authority is transferred to third parties) are submitted. If the agreement provides for the certification of the rights to dispose of funds on the deposit account by third parties using an analogue of a handwritten signature, documents confirming the authority of persons entitled to use an analogue of a handwritten signature are submitted.
5.2. To open a deposit account for an individual - a foreign citizen or a stateless person, the documents specified in paragraph 5.1 of this Instruction are submitted, as well as migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, if their availability is provided for by the legislation of the Russian Federation.
5.3. Opening a deposit account for a legal entity established in accordance with the legislation of the Russian Federation is carried out if the bank, in accordance with clause 1.2 of this Instruction, has information on the state registration of the legal entity, as well as information on registration with the tax authority.
(Clause 5.3 as amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
5.4. In order to open a deposit account for a legal entity established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, documents confirming the legal status of this legal entity under the legislation of the country in whose territory this is created are submitted to the bank. entity in particular, the documents confirming it state registration, and in cases stipulated by the legislation of the Russian Federation, also a certificate of registration with the tax authority.
(see text in previous edition)
5.5. To open individual entrepreneur deposit account, a document proving the identity of an individual is submitted to the bank.
(Clause 5.5 as amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
(see text in previous edition)
5.5.1. To open an individual who is engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, a deposit account with a bank is submitted:
a) an identity document of an individual;
b) certificate of registration with the tax authority.
The notary shall additionally submit a document confirming the empowerment of the notary (appointment to a position), issued by the justice authorities of the constituent entities of the Russian Federation, in accordance with the legislation of the Russian Federation. The lawyer additionally submits a document certifying the registration of the lawyer in the register of lawyers, as well as a document confirming the establishment of a lawyer's office.
(Clause 5.5.1 was introduced by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
5.6. To open a deposit account for an individual entrepreneur or an individual engaged in private practice in accordance with the legislation of the Russian Federation, who are foreign citizens, in addition to the documents specified in paragraphs 5.5 and 5.5.1 of these Instructions, respectively, a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, if their presence is provided for by the legislation of the Russian Federation.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
(see text in previous edition)