Nominal account for crediting social benefits. How to check a nominal account through Sberbank online
Since 2014, citizens in care receive social benefits to the nominal account of the guardian. Guardians have the right to dispose of these funds without the permission of state authorities. Most often, such special accounts are opened with Sberbank.
Nominal account of a guardian with Sberbank: what is it?
The guardian can dispose of funds received from the state, spending them on the maintenance, upbringing, education, treatment of the ward. But the ownership of this money remains with the latter. Therefore, there are 3 parties in the banking service agreement: the bank, the ward (“Beneficiary”, beneficiary) and the guardian (“Owner”, manager).
In the banking sector, nominal accounts are called accounts that, in fact, have two owners: actual and formal. There are several types of such financial products, the trustee is one of them.
Why does a guardian need a nominal account?
The law makes it easier for guardians to fulfill their duties: now, the use of the ward's funds does not require permission from public services. It is also not required when opening a nominal account.
Lack of formalities does not mean uncontrolled spending of funds. The state still protects the interests of minors and disabled citizens, obliging guardians to report on their spending no later than February 1 of each year. The report is not required from parents (including adoptive parents) disabled from childhood, raising him from birth to 18 years and living with him.
The report is accompanied by payment documents for large expenses and a receipt for small expenses (shoes, clothes, food, personal hygiene items). In the branch of Sberbank, in which the guardianship agreement was concluded, they receive a statement of operations for the reporting period free of charge.
Rules for using a nominal account
The following payments are made to the nominal account of the guardian:
- pension for (if both parents are dead);
- alimony (if the parents are deprived of their rights);
- social benefits, pensions;
- compensation for harm to health.
The purpose of the transfers must be clear to the bank, otherwise the money will be returned to the sender. For example, if these are funds for the maintenance of a child from parents, then in the field "Purpose of payment" you need to indicate "Alimony". Sberbank does not allow incoming transactions that are not related to social payments (Article 37 of the Civil Code of the Russian Federation).
The bank does not specifically control the procedure for spending the ward's funds, but if it suspects that the operations are being carried out illegally, it has the right to suspend the service. In addition, Sberbank undertakes to warn customers, as well as if the accumulated amount exceeds the maximum insurance compensation (1.4 million rubles).
The guardian has the right to perform transactions, receive extracts, certificates, and also transfer the management of funds to another citizen by power of attorney. The ward (beneficiary) can request details. Social payments are indexed every 3 months. Sberbank's rate in 2018 is 3.67% per annum.
Old rules
Amendments to the provisions of the Civil Code of the Russian Federation and Federal Law No. 48 concerning nominal guardianship accounts began to operate on 01.08.2014. What came before:
Old rules | Rules in force |
---|---|
The account was opened in the name of the ward | The beneficiary of the nominal account is the ward and the owner is the guardian. But his name is a contract |
The guardian, without the permission of the regulatory authorities, spent an amount not exceeding the subsistence minimum per capita, established as a whole in Russia | Receipt for account transactions and opening is not required. The expenditure of funds is limited only by the size of the monthly payment |
Only banks had the right to service accounts, the largest owner of which is the state (Sberbank, Rosselkhozbank) | You can conclude an agreement at any financial institution participating in the deposit insurance system |
All accumulated funds were kept in one financial institution | In one bank, you can keep funds that do not in total exceed the reimbursement under the deposit insurance program for CERs (RUB 1.4 million) |
Practice of using nominal accounts
In 2014, not all banks imagined how to open nominal accounts for guardians of minors and disabled citizens. Difficulties arose with internal regulations and software updates.
A difficult situation developed: banks did not open custodial accounts, although the Central Bank of the Russian Federation regularly threatened violators with sanctions and inspections. At the same time, the FIU and the population refused to credit the social benefits paid by them in a different way.
Rosselkhozbank was the first to provide such services. Sberbank “got into the game” only since February 2017. Despite this, over the year it became the leader in terms of the number of guardianship agreements concluded.
Procedure for opening a nominal account
You can conclude an agreement with Sberbank:
- guardian (looks after young orphans, as well as those who are declared incompetent by the court for mental health reasons);
- guardian (appointed to citizens of 14-18 years old, left without parents, as well as adults with limited legal capacity);
- parent or adoptive parent.
The guardian applies to the Sberbank branch with an application and documents. The presence of the ward is optional. The bank and the client conclude an agreement in which they indicate:
- data of the person who is the beneficiary;
- information about the guardian ("Owner"). It can be a private person or a budgetary institution of a medical or educational type;
- acceptable payment transactions;
- conditions for calculating interest;
- rights and obligations of the parties;
- tariffs for servicing a nominal account of a guardian with Sberbank and other features of its use.
The account is unlimited. The guardian can close it, but Sberbank must inform the beneficiary of this. Termination of the contract by the ward is possible only after obtaining legal capacity (for example, the onset of majority).
Which banks are entitled to open nominal accounts for guardians?
A nominal account for guardians and trustees can be opened with any bank that provides such a service. However, it is permissible to keep an amount in one financial institution that does not exceed the amount of compensation for CERs (RUB 1.4 million).
- Sberbank;
- Rosselkhozbank;
- Uralsib;
- MinBank, etc.
For many citizens, Sberbank is the most familiar financial institution: before, social benefits were credited only to savings books. It also serves the majority of budget organizations. All this predetermined the popularity of Sberbank among guardians, although it was not immediately and not the first to be ready to provide such a service.
Required documents
The guardian must submit the following documents to the bank:
- passport;
- birth certificate or passport of the ward. A parent who enters into an agreement in favor of a minor child from 14 to 18 years old provides both documents;
- an act on the appointment of a guardian (curator) or a court decision on recognizing an adult citizen as incapable or partially capable, in which the name of the guardian (curator) appears;
- a document of the Guardianship Authority or a court decision on adoption (for an adoptive parent);
- migration documents confirming the legality of being on the territory of the Russian Federation (if the guardian of an incapacitated person or a minor child is a stateless person or a foreigner);
- TIN (if any).
After checking the documents and signing the agreement, the Sberbank employee will immediately open an account. The client receives a 20-digit number starting with 40823. It must be reported to the institutions that are involved in the payment of state benefits (in the Pension Fund, the Department of Social Security, authorities, etc.).
Difficulties in applying nominal accounts
Nominal accounts are supposed to make it easier for guardians to fulfill their duties of looking after wards. However, they have their drawbacks, for example:
- You cannot link a plastic card to your account. It is not reflected in Sberbank Online and the mobile application.
- You can withdraw funds only in the branch where it was opened. This means that it is impossible to get money, for example, on a trip to Russia. In addition, account debit transactions cannot be made through terminals, ATMs or online.
- Nominal accounts are not as protected by bank secrecy as ordinary accounts. Information on it can be obtained not only by the owner and the beneficiary, but also by the regulatory authorities, if the guardian is suddenly late with the report.
Sberbank offers customers additional services for guardians. For example, in a bank, you can issue an order for the automatic transfer of money from a nominal to any other account or card. With the Green Street option, operations will become available not only in the opening department, but also in neighboring regions of the Russian Federation.
Legislative regulation
- Civil Code of the Russian Federation, Articles 37, 860.1-860.6
- FZ N 48 of 04.24.2008 "On guardianship and trusteeship", Articles 19, 25, 26
- Instruction of the Central Bank of the Russian Federation N 153-I dated 05/30/2014
- Letter of the Central Bank of the Russian Federation N 04-31-2 / 4745 dated 01.06.2015
- Letter of the Central Bank of the Russian Federation N IN-017-45 / 20 dated 04/05/2016
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The problem of secure payments is especially relevant for citizens who are going to buy a dwelling using borrowed funds. A nominal account with Sberbank for a mortgage allows you to abandon the use of cash and conduct a transaction without unnecessary visits to the bank branch. A nominal account is similar in functionality to a letter of credit, which guarantees the safety of settlements.
Stages of the transaction when registering a mortgage at Sberbank
Buying a home using mortgage funds is carried out according to the algorithm below:
- Study the mortgage programs of Sberbank;
- Apply for a home loan;
- Wait for the decision of the credit committee. If the application is approved, the applicant will receive a notification containing the key terms of the mortgage agreement (maximum loan amount, term of the loan agreement, interest rate on the loan). The notice of approval of the application is valid for 6 months;
- Find a collateral that meets the requirements of a credit institution;
- Assess the premises (this operation is performed by an appraisal company accredited by Sberbank);
- Collect a package of documents related to collateral and provide it to the loan manager;
- Insure the bond and buy a life insurance policy;
- Sign the loan agreement;
- Register the agreement with Rosreestr;
- Withdraw money from a nominal account in Sberbank with a mortgage and settle with the seller;
- Pay off the mortgage and remove the encumbrance from the collateral.
After making the last payment to the bank's cash desk, the borrower must take a certificate of absence of debt. This paper will become insurance against possible technical errors and illegal additional charges on a home loan.
Cashless payments under an agreement for obtaining a mortgage in Sberbank
Until 2017, the purchase of mortgage apartments was carried out using a letter of credit and safe boxes. Significant disadvantages of these methods can be considered the need to transport large amounts of cash and significant commission costs (about 0.1% of the loan amount).
The use of letters of credit presupposes a rather complex document circulation, and bank cells can become the object of secret checks by law enforcement agencies. Since 2017, Sberbank has been running the Safe Settlement Service (SBR), which eliminates the risk of fraud and misappropriation of funds. The nominal account of the SBR can be used for the sale of the following construction projects:
- Apartments;
- Rooms;
- Shares;
- Commercial real estate;
- Parking spaces.
The nominal account of the SBR is used to transfer funds under mortgage agreements. Financial transactions are carried out according to the following algorithm:
- The buyer transfers money to a nominal account opened with Sberbank;
- Funds are blocked until the transaction is registered with Rosreestr;
- After the transfer of ownership of the property to the buyer, the money is transferred to the seller's account. The buyer can receive an extract from the USRN, which will indicate the new owner of the premises.
Cashless payments allow you to transfer money to a nominal account in Sberbank with a mortgage without using a safe deposit box. The average term for registering property rights is 7 days. If the deal fails, the buyer will receive the transferred funds in full.
After the completion of all transactions, the parties to the agreement will receive notifications that will be sent by e-mail. You can apply for the use of an SBR nominal account at a Sberbank branch. The application will take about 15 minutes. The service is provided on a paid basis. To sign the contract, you will need a TIN, passports and bank details for transferring funds.
How to correctly transfer an advance for a mortgage at Sberbank?
The transfer of the deposit is prescribed in the preliminary contract of purchase and sale of the apartment. This document should include the following information:
- Details of the parties;
- Technical information about the construction site;
- Information about the citizens registered in the apartment;
- The amount of the security deposit and the period for which the advance is made. If there is a simultaneous purchase and sale of several objects, then prepayments must be made for the same period;
- A detailed description of the actions of the parties to the contract;
- List of papers that need to be prepared for the transaction (consent of the co-borrower, certificate of absence of debt, etc.);
- Terms and reasons for the return of funds;
- The method of notifying the counterparty about the actions taken (certified letter or e-mail);
- The amount of overhead costs (the contract must indicate the party that compensates for the costs);
- Terms of departure of tenants from the purchased premises (if any);
- Circumstances that may void the transaction (refusal of the guardianship and trusteeship authorities, problems with the legalization of redevelopments, etc.);
- Date and place of the agreement.
Before making an advance payment to a nominal account with Sberbank for a mortgage, you need to make sure that the seller is the owner of the living space. To do this, you need to order an extract from the USRN in the MFC or Rosreestr. The transfer of funds must be confirmed by a receipt. This paper must indicate:
- Borrower and lender passport data;
- The amount of the deposit;
- The number of the preliminary contract, according to which the funds are transferred;
- Date of preparation of the document;
- Signatures of the parties.
If the contract is canceled at the mutual request of the parties, the advance payment is returned to the buyer. In the presence of mutual claims, counterparties have the right to defend their position in the judicial authorities.
How to choose an apartment for a mortgage in Sberbank?
Sberbank specialists have developed a special website (domclick.ru), which facilitates the search for real estate and allows you to negotiate the terms of the contract remotely. The electronic showcase of the DomClick service contains hundreds of proposals from construction companies accredited with Sberbank. On one of the pages of the portal there is a convenient form that allows you to find the required living space in a few minutes.
For a quick search for an apartment, you must specify:
- Type of housing (secondary market or apartments in new buildings);
- Apartment price;
- Number of storeys of the building;
- Number of rooms in the room, etc.
Transactions are managed through the electronic personal account of Sberbank Online. The system user can issue digital documents and track the status of their applications.
The future of mortgages
Sberbank plans to gradually abandon paper media. Mortgage transactions will be carried out exclusively in non-documentary form. All transactions can be made using a special smartphone application and an enhanced digital signature. The settlement system will be built on the basis of blockchain technologies and artificial intelligence, taking into account the individual preferences of the buyer.
The client will no longer have to open a nominal account with Sberbank for a mortgage, since money will be instantly transferred using cryptocurrency wallets. The role of financial intermediaries will be reduced to providing additional services and various options.
Nominal accounts are used by banks for individuals and legal entities, but what is the essence of this service? What options are there and for whom it might be convenient to open such an account, we will analyze in understandable terms.
What is a "nominal account" in a bank
First, let's give a definition of the terms that are required for understanding in this matter.
The concepts are introduced in article 860 of the Civil Code of the Russian Federation (part 2) of 01.26.1996 N 14-FZ (as amended and supplemented, entered into force on 01.09.2018).
Nominal account Is a type of bank account that is opened by one person (account holder), and the funds in the account belong to another person (beneficiary).
Account owner- a person who has entered into an account opening agreement with the bank.
Beneficiary- the person who owns the rights to all funds in the nominal account. He is also called the beneficiary, although this may seem somewhat illogical.
Schematic representation of the essence of any nominal account:
Short: The money of one (the beneficiary) is managed by the other (the account holder), on the terms prescribed in the contract. The bank stores money and controls transactions.
Such accounts can be used by both individuals and legal entities.
Bank
What the bank does:
- Opens an account.
- Keeps money on it, calculates interest.
- Fulfills the conditions stipulated in the contract and the law.
- Contact the beneficiary when the account holder requests changes to the subject of the agreement or closes the account.
- When the account is closed, it transfers the balances to another nominal account.
- Write off payments for their services.
- Does not allow the suspension of the operation (cannot be arrested).
Beneficiary
What the beneficiary can do:
- Has rights to all funds on the account (it does not matter who deposited them, even if it was the owner).
- Transfer and withdraw money.
- Agree on any operations.
- Require supporting documents on account transactions.
- Require the bank to provide information constituting banking secrecy.
Account owner
What an account holder can do:
- Withdraw funds for operations agreed in the contract.
- Deposit money into the account.
What the account holder needs:
- Provide documents to confirm the purpose of the expenses.
- Other, as specified in the contract.
Contract
What can be indicated when drawing up a contract:
- It is obligatory to indicate the beneficiary (there may be several of them).
- The beneficiary may not participate in the signing of the contract.
- Grounds for the participation of all parties.
- Control over the use of funds by the owner in the interests of the beneficiary.
- You can set any rules and restrictions on the use of funds by the parties.
What are the options for a nominal account
There are several very similar concepts that are used for the activities indicated in the diagram at the beginning of the article.
The meaning is always the same - there is an account, there are several parties, and it is not the owner who controls the money, but the other party.
Depending on the requirements for the bank, participants in transactions and the funds on the account, one can distinguish:
- Nominal account.
- Escrow - this "account" can store not only money, but also property, and not only a bank, but also law firms, specialized companies (escrow agents) can act as a guarantor.
- Public escrow account - Payments by the account holder can only be made within the organization. The owners of such accounts can be, for example, bailiffs.
- Letter of credit - most often 2 parties are involved - the buyer, the seller and 1 bank on each side. In this case, the buyer's bank can provide co-financing (crediting).
- Collateral account - the money in this account can be used, but the amount should not be reduced to less than the secured obligation. The bank and two parties are involved.
Formally, the Civil Code considers 3 account options: nominal, escrow and public deposit.
Detailed theoretical calculations are presented in the video from the head of the Department of Civil Law of the Faculty of Law of the National Research University Higher School of Economics.
Who can be a participant:
Parties:
- Child, orphan - parent, guardian.
- Disabled person, incapacitated - guardian.
- Buyer-Seller (legal entity and individual).
- FTS - notary - debtor.
Guarantee: Bank, law firm, agent company.
Account finances: social payments, pensions, benefits, payment for goods / services, payment for an apartment and other real estate, debt reclaimed, etc.
Comparison and Features
The many options for using special accounts leads to some confusion in understanding the terminology, for example, in real estate transactions in different banks, a nominal account, letter of credit, and escrow can be used. This does not change the idea - the safe deposit box is replaced by an account.
There are various specific nuances that are important to understand in each case. A description of all the pitfalls for general situations is suitable for a textbook, but we try to explain the essence in simple words.
Here are some distinguishing points for the different account options to help you grasp the possible difference.
Table: Comparison of nominal accounts.
Account type | Characteristics |
Nominal | Interest is charged on the funds. Cash flows can occur regularly. The bank monitors compliance with the agreement. |
Escrow | A strictly defined amount is blocked on the account, there is no movement of funds. The bank's remuneration as an escrow agent cannot be collected from the funds in the escrow account, unless otherwise provided by the agreement. If the transaction is not executed at a certain time, the agent will return the entire amount to the owner of the escrow account. The bank is fully responsible. |
Letter of credit | Possibility to get credit funds from the bank. There is no need for all parties to the transaction to work with one account in one bank. |
Pledge | The beneficiary party may be the bank in which the account is opened. It can be opened in advance - when there is still no agreement, the second party, finance. |
Public deposit | The owner of such an account can be, for example, a notary, a bailiff service, a court. If funds were collected from the debtor, then they can be sent only to certain authorities, for example, to the Federal Tax Service. Law No. 212-FZ defines the circumstances for replacing the owner of the deposit account. It can be opened only in a bank with equity capital of more than 20 billion rubles. |
Advantages and disadvantages
Financial relations between the two parties with the involvement of a third party, which guarantees the "purity" of the relationship, have always been in demand. The main advantages of the considered accounts follow from this:
- The main advantage of nominal accounts is - guarantee... This means that there are those responsible for compliance with all the rules prescribed in the contract.
- The procedure for assessing the success / correctness of actions performed by the parties is clear.
- It is known what will happen in the event of unauthorized actions / disruption of the transaction.
- The interests of all parties are maximally observed and enshrined in the contract.
- Most of the risks of “mistrust” have been removed.
What can be attributed to the disadvantages:
The system for working with nominal accounts is very young, for only a few years banks have been trying to focus on foreign experience and adapt it to domestic realities. Because of the lack of training at all stages, difficulties arise:
- Increase in terms of operations - deviation from the declared ones.
- Lack of a sufficient number of qualified specialists.
- The need to study the nuances for each specific atypical case.
The revision of the Civil Code of the Russian Federation in 2014 was supplemented with 10 clauses on Nominal Accounts and Escrow (clauses 860.1 - 860.10). In the present edition there are already 15 amended and amended items. Work in this direction is being actively pursued, since many issues in the laws require detailed elaboration and amendments, taking into account feedback from banking and legal practice.
Practice of using nominal accounts
Let's analyze the main typical application situations - they are actively used by bank clients.
Per child for guardians
In a situation where it is necessary to receive social payments in favor of children, it will be a convenient option to use a nominal account for a child.
In this case:
The beneficiary is a child, in whose name the payments are made.
Account holder - parent / guardian.
Such nominal accounts are provided only for money intended for the child and should be spent on the maintenance of the ward.
What payments can come here: alimony, payments for the maintenance of a minor, benefits, survivor's pension, etc.
The essence: the account is opened in the name of the guardian, but the money formally belongs to the child. And should be spent in the best interests of the child.
Protection: funds will not be seized if the guardian has any debts for which collection is possible.
Important: not all payments will go to such an account. What funds will not come - remuneration for guardians, i.e. money directed to guardians.
What is the advantage - you can spend finances without asking for additional permission from the guardianship authorities. But as before, it is imperative to report to custody by February 1. The reports do not cover everyone. For example, parents receiving alimony do not need to submit reports.
What are the disadvantages - the guardianship authorities can request (despite the presence of banking secrecy) from the bank information on spending funds from a nominal account - an electronic or written statement, which is impossible for other personal accounts, for example, for deposits. Pay attention to the possibilities of remote work under a remote banking service agreement. It is possible that many transactions will not be available through the online bank. It is necessary to clarify this when submitting an application for opening, and familiarize yourself with the tariffs.
If there are 3 children, then you will have to open 3 accounts - 1 account holder and 3 beneficiaries. An additional application is required to transfer all funds to one separate regular account.
To open, you do not need permission from the guardianship authorities, you only need documents:
- Passport.
- Confirmation of guardianship.
- Child's passport / birth certificate.
After opening, you can receive the details of the account and transfer them to the officials in the body that makes regular transfers to the child.
Detailed comments on the interaction with nominal accounts from the lawyer for family and child law Zharov A.A.
Other social benefits
The situation looks similar with other payments for compensation for harm to health, for the loss of a breadwinner, alimony, pensions, benefits, and any other funds paid to the holder:
- minors,
- incapacitated
- citizens with limited legal capacity.
The package of documents is changing, which must be clarified when opening an account.
In all these cases:
Beneficiary- this is the one for whom the money is allocated.
Account owner- trustee, guardian.
Nominal invoice for the sale of an apartment / mortgage
In 2017, Sberbank's DomClick service introduced the Safe Settlement Service service. It is thanks to the use of nominal accounts that such a service is possible.
In fact, instead of a safe deposit box, an account is used.
Beneficiary: real estate seller (beneficiary).
Account owner: depends on the organization, in Sberbank it is the central nervous system.
- The risks of cash manipulation are removed,
- Reducing the cost of the procedure.
- The speed of registration increases.
- Additional guarantees for both the seller and the buyer.
- Decrease in document circulation (even in comparison with a letter of credit, which is also actively used for such transactions).
What the deal looks like, the main steps:
- A contract is drawn up.
- A nominal account is opened for the buyer.
- The buyer transfers the amount required for the purchase.
- The bank blocks the money until the terms of the agreement are fulfilled.
- Real estate registration, confirmation of the change of owner, obtaining USRN data.
- The money is transferred to the seller's personal account.
In the opinion of the editors, a more appropriate term for such an account would not be "nominal", but "escrow" - after all, it is the blocking of the amount until certain conditions are met that is its characteristic feature.
Most likely, the terminology used is intended not to scare away customers with new strange words. In fact, as we found out above, in the Civil Code of the Russian Federation, 3 accounts are nominal: escrow, public deposit and directly - nominal.
Contact the Sberbank branch in your region and present the following documents:
- If Beneficiary, and its Owner Guardian or Trustee:
Identity document of the Account Holder (Guardian / Trustee);
- the birth certificate of the Beneficiary (if the Beneficiary is a minor under the age of 14) or the identity document of the Beneficiary between the ages of 14 and 18;
- document of the guardianship and trusteeship authority on the appointment of the Guardian / Trustee, confirming the authority of the Account Holder to manage the funds of the ward (Beneficiary);
- If Beneficiary on the Nominal Account is a minor under the age of 18, and its Owner parent (adoptive parent):
Identity document of the Account Holder (parent / adoptive parent);
- the birth certificate of the Beneficiary and the identity document of the Beneficiary, if the Beneficiary is a minor between the ages of 14 and 18;
- certificate of registration with the tax authority of the Account Holder / Beneficiary (if any);
- to open a Nominal Account for a foreign person or stateless person - a migration card and a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation (separately for the Account Holder and separately for the Beneficiary (if applicable)).
- If Beneficiary on the Nominal Account is a minor under the age of 18, and its Owner adoptive parent:
Identity document of the Account Holder (adoptive parent);
- birth certificate of the Beneficiary (if the Beneficiary is a minor under the age of 14) or the identity document of the Beneficiary if the Beneficiary is a minor between the ages of 14 and 18;
- a document of the guardianship and trusteeship authority on the appointment of an adoptive parent, confirming the authority of the Account Holder to manage the funds of the ward (Beneficiary);
- certificate of registration with the tax authority of the Account Holder / Beneficiary (if any);
- to open a Nominal Account for a foreign person or stateless person - a migration card and a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation (separately for the Account Holder and separately for the Beneficiary (if applicable)).
- If Beneficiary on the Nominal account is an adult incapacitated citizen, and its Owner Guardian:
Identity document of the Account Holder (Guardian);
- document of the guardianship and trusteeship authority on the appointment of the Guardian, confirming the authority of the Account Holder to manage the funds of the ward (Beneficiary), or a court decision on recognizing an adult citizen (Beneficiary) incapacitated, who at the same time appointed a Guardian to the Beneficiary;
- certificate of registration with the tax authority of the Account Holder / Beneficiary (if any);
- to open a Nominal Account for a foreign person or stateless person - a migration card and a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation (separately for the Account Holder and separately for the Beneficiary (if applicable)).
- If The beneficiary of the Nominal Account is an adult with limited legal capacity., and its Owner Trustee:
Identity document of the Account Holder (Trustee);
- the identity document of the Beneficiary;
- document of the guardianship and trusteeship authority on the appointment of the Trustee, confirming the authority of the Account Holder to manage the funds of the ward (Beneficiary), or a court decision on recognizing an adult citizen (Beneficiary) as having limited legal capacity, which at the same time appointed a Trustee to the Beneficiary;
- certificate of registration with the tax authority of the Account Holder / Beneficiary (if any);
- to open a Nominal Account for a foreign person or stateless person - a migration card and a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation (separately for the Account Holder and separately for the Beneficiary (if applicable)).
- If, to open a Nominal Account, Trustee of the Owner, in addition to the above documents, depending on the status of the Owner, for opening a Nominal Account, the following are submitted:
Identity document of the Owner's Authorized Person (presentation of an identity document of the Owner is not required);
- a notarized or equivalent Power of Attorney containing the authority to open a Nominal Account, indicating the details of the Owner and Beneficiary;
- certificate of registration with the tax authority (if any) of the Owner's Authorized Person;
- to open a Nominee Account by a Trustee - a foreign citizen or stateless person - a migration card and a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation.
Nominal account - what is it for, how to open it, who has the right to dispose of it? You can find the answers to these questions in our article.
Why do you need a nominal account, how and where can you open it?
Opening any account, including a nominee one, is a financial service. The funds can be used directly by the owner or beneficiary. The beneficiaries are the persons who own the rights to the money deposited with the bank (for example, incapacitated or partially incapacitated).
Analysis of Art. 860.1 of the Civil Code of the Russian Federation makes it possible to single out a number of features characteristic of nominal accounts:
- The money belongs to the beneficiary, and the owner, who has entered into a service agreement with the bank, is entitled to carry out transactions with them.
- Several people can be beneficiaries, but there are exceptions (for example, when an account is opened for the disposal of the ward's funds, and the guardian manages them).
- When opening an account, all beneficiaries and the grounds for their participation must be indicated. This is an essential condition, the failure of which leads to the invalidation of the contract.
- The bank, as a rule, is obliged to control the execution of transactions by the owner in order to dispose of the beneficiary's funds.
The beneficiary has the right to establish various restrictions both in the amount and in the purpose of using the funds.
The agreement on opening a nominal account, in accordance with Art. 860.2 of the Civil Code of the Russian Federation, drawn up in writing indicating the date of its conclusion. If the procedure is carried out without the participation of the beneficiary, his signature is not required upon conclusion.
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If the terms of the agreement provide for the disposal of funds by several beneficiaries, the money of each of them is accounted for in a special section. This mechanism is used by forex dealers to keep track of the funds of all clients.
How to open a nominal account? The procedure is quite simple: just go to the bank, submit the necessary documents (which we will discuss in detail below) and sign an agreement. At the same time, before opening and concluding an agreement with a bank, it is important to determine the main purposes of using funds, since to make ordinary transfers and grant the right to dispose of money, it is enough to open a regular personal or current account.
Mandatory documents for a nominal account
In cases established by law, for example, by virtue of paragraph 1 of Art. 37 of the Civil Code of the Russian Federation, the opening of a nominal account is mandatory for a guardian or trustee to manage the ward's income. The list of documents will vary depending on the category of the owner. Let's analyze the options for this list for the most popular cases of registration of a nominal account.
- Parents of a minor child who are paid benefits must submit the following documents for opening:
- passport of the person who applied for the conclusion of a service contract (or other identity document);
- documents for a child (up to 14 years old - a birth certificate, after 14 - a passport).
- Guardians and trustees should prepare:
- passport or other identity document of the applicant;
- documents for the ward, acting as the beneficiary (for persons over 14 years old - a passport, for persons younger - a birth certificate);
- act of the guardianship and trusteeship body, according to which the guardian (curator) has the right to dispose of the ward's money.
- When opening a nominal account for a legal entity, the bank has the right to request, in addition to organizational documents, additional information about the organization.
Application of nominal accounts in practice
Regulations on nominal accounts were developed to simplify the procedure for the management of parents (guardians, trustees) of funds that are paid by the state as part of the implementation of existing social programs.
The main ways to use them:
- On the Forex market. Forex dealers in this case act as owners and traders as beneficiaries.
- Between relatives. An example is the provision of funds for specific purposes (payment of utilities or training).
- When concluding contracts that imply the fulfillment of any obligations by the parties. In this case, the owner can receive money upon providing the bank with proof of the fulfillment of his obligations.
- In business. Opening an account by one legal entity allows you to manage funds placed by another legal entity.
Thus, the use of nominal accounts is quite extensive. In this case, the owners should remember that the beneficiary is the beneficiary under the contract. If the bank's license is revoked, only it has the opportunity to receive funds.