New rules for opening and closing bank accounts have come into force. On opening and closing bank accounts, deposits (deposits)
Instruction of the Bank of Russia dated May 30, 2014 N 153-I
"On the opening and closing of bank accounts, deposits (deposits), deposit accounts"
With changes and additions from:
On the basis of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 , item 5032; 2004, N 27, item 2711; N 31, item 3233; 2005, N 25, item 2426; N 30, item 3101; 2006, N 19, item 2061; N 25, item 2648; 2007, N 1, item 9, item 10; N 10, item 1151; N 18, item 2117; 2008, N 42, item 4696, item 4699; N 44, item 4982; No. 52, item 6229, item 6231; 2009, N 1, item 25; N 29, item 3629; N 48, item 5731; 2010, N 45, item 5756; 2011, N 7, item 907; N 27, item 3873; N 43, item 5973; N 48, item 6728; 2012, N 50, item 6954; N 53, item 7591, item 7607; 2013, N 11, item 1076; N 14, item 1649; N 19, item 2329; N 27, item 3438, item 3476, item 3477; N 30, item 4084; N 49, item 6336; N 51, item 6695, article 6699; N 52, article 6975; 2014, N 19, article 2311, article 2317), the Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ ) (Vedomosti Congress on native deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3459, art. 3469; 2001, N 26, Art. 2586; No. 33, Art. 3424; 2002, N 12, art. 1093; 2003, N 27, art. 2700; No. 50, Art. 4855; No. 52, art. 5033, Art. 5037; 2004, N 27, art. 2711; N 31, art. 3233; 2005, N 1, art. 18, Art. 45; No. 30, Art. 3117; 2006, N 6, Art. 636; No. 19, art. 2061; N 31, art. 3439; No. 52, art. 5497; 2007, N 1, art. nine; No. 22, Art. 2563; N 31, art. 4011; No. 41, Art. 4845; No. 45, art. 5425; No. 50, Art. 6238; 2008, N 10, art. 895; 2009, N 1, art. 23; No. 9, Art. 1043; No. 18, art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, art. 6428; 2010, N 8, Art. 775; No. 27, art. 3432; No. 30, Art. 4012; N 31, art. 4193; No. 47, Art. 6028; 2011, N 7, art. 905; No. 27, Art. 3873, Art. 3880; No. 29, art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, art. 7069; No. 50, Art. 7351; 2012, N 27, art. 3588; N 31, art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, art. 7607; 2013, N 11, art. 1076; No. 19, art. 2317, art. 2329; No. 26, art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, art. 5036; No. 49, art. 6336; No. 51, art. 6683, art. 6699; 2014, N 6, art. 563; No. 19, art. 2311, Art. 2317) (hereinafter referred to as the Federal Law "On Banks and Banking Activity"), Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, art. 4828; 2006, N 31, art. 3446, Art. 3452; 2007, N 16, art. 1831; N 31, art. 3993, Art. 4011; No. 49, art. 6036; 2009, N 23, art. 2776; No. 29, art. 3600; 2010, N 28, art. 3553; No. 30, Art. 4007; N 31, art. 4166; 2011, N 27, art. 3873; No. 46, art. 6406; 2012, N 30, Art. 4172; No. 50, Art. 6954; 2013, N 19, art. 2329; No. 26, art. 3207; No. 44, Art. 5641; No. 52, art. 6968; 2014, N 19, art. 2315, Art. 2335) (hereinafter referred to as Federal Law No. 115-FZ), part two of the Civil Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 5, Art. 410) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated May 29, 2014 N 18) The Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions, the Bank of Russia (hereinafter referred to as banks) bank accounts, accounts for deposits (deposits), deposit accounts (hereinafter referred to as accounts) for legal entities, individuals , individual entrepreneurs, individuals engaged in private practice in accordance with the legislation of the Russian Federation, as well as courts, divisions of the bailiff service, law enforcement agencies (hereinafter referred to as clients) in the currency of the Russian Federation and foreign currencies.
This Instruction does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and a referendum, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation, established in accordance with the legislation of the Russian Federation, as well as accounts, opened on other grounds other than a bank account agreement, deposit (deposit), deposit account.
The procedure for opening and closing bank accounts, deposits (deposits), and deposit accounts has been revised. It has not undergone significant changes. Let's note some innovations.
Thus, legislative amendments in the field of accounting were taken into account. We are talking about the abolition of the institution of the control signature of an accountant. In this regard, the sample signatures of authorized persons are given in a row in the card (without division into those who have the right of the first and second signatures).
The possibility of issuing copies of documents submitted for opening an account in electronic form has been fixed. They are compiled by an official of the bank and certified by an analogue of his handwritten signature.
The grounds for non-submission of a card with samples of signatures and a seal imprint by an individual are extended to legal entities.
In addition, the new procedure is brought in accordance with the amendments to the Civil Code of the Russian Federation. In particular, the features of opening and closing a nominal account, an escrow account and a pledge account are established.
When opening a nominal account, an escrow account, the bank must have information about the beneficiary and the basis for his participation in relations under the agreement of such an account. He must also have information about the pledge holder of the pledge account. According to the escrow account, the right to sign can be transferred to the beneficiary on the basis of an agreement under which the bank is the escrow agent. In this case, a card is presented to the bank, for the purpose of issuing which the beneficiary of the escrow account is considered as a client of the bank.
Changes are also reflected in the "anti-money laundering" law. Thus, in order to open an account, the bank must take reasonable and affordable measures in the circumstances to identify the beneficial owners.
The new instruction comes into force on July 1, 2014. Internal documents must be brought into line with it within 3 months after the specified date.
Instruction of the Bank of Russia dated May 30, 2014 N 153-I "On opening and closing bank accounts, deposits (deposits), deposit accounts"
This Instruction comes into force on July 1, 2014.
On the basis of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 , item 5032; 2004, N 27, item 2711; N 31, item 3233; 2005, N 25, item 2426; N 30, item 3101; 2006, N 19, item 2061; N 25, item 2648; 2007, N 1, item 9, item 10; N 10, item 1151; N 18, item 2117; 2008, N 42, item 4696, item 4699; N 44, item 4982; No. 52, item 6229, item 6231; 2009, N 1, item 25; N 29, item 3629; N 48, item 5731; 2010, N 45, item 5756; 2011, N 7, item 907; N 27, item 3873; N 43, item 5973; N 48, item 6728; 2012, N 50, item 6954; N 53, item 7591, item 7607; 2013, N 11, item 1076; N 14, item 1649; N 19, item 2329; N 27, item 3438, item 3476, item 3477; N 30, item 4084; N 49, item 6336; N 51, item 6695, article 6699; N 52, article 6975; 2014, N 19, article 2311, article 2317), the Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ ) (Vedomosti Congress on native deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3459, art. 3469; 2001, N 26, Art. 2586; No. 33, Art. 3424; 2002, N 12, art. 1093; 2003, N 27, art. 2700; No. 50, Art. 4855; No. 52, art. 5033, Art. 5037; 2004, N 27, art. 2711; N 31, art. 3233; 2005, N 1, art. 18, Art. 45; No. 30, Art. 3117; 2006, N 6, Art. 636; No. 19, art. 2061; N 31, art. 3439; No. 52, art. 5497; 2007, N 1, art. nine; No. 22, Art. 2563; N 31, art. 4011; No. 41, Art. 4845; No. 45, art. 5425; No. 50, Art. 6238; 2008, N 10, art. 895; 2009, N 1, art. 23; No. 9, Art. 1043; No. 18, art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, art. 6428; 2010, N 8, Art. 775; No. 27, art. 3432; No. 30, Art. 4012; N 31, art. 4193; No. 47, Art. 6028; 2011, N 7, art. 905; No. 27, Art. 3873, Art. 3880; No. 29, art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, art. 7069; No. 50, Art. 7351; 2012, N 27, art. 3588; N 31, art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, art. 7607; 2013, N 11, art. 1076; No. 19, art. 2317, art. 2329; No. 26, art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, art. 5036; No. 49, art. 6336; No. 51, art. 6683, art. 6699; 2014, N 6, art. 563; No. 19, art. 2311, Art. 2317) (hereinafter referred to as the Federal Law "On Banks and Banking Activity"), Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, art. 4828; 2006, N 31, art. 3446, Art. 3452; 2007, N 16, art. 1831; N 31, art. 3993, Art. 4011; No. 49, art. 6036; 2009, N 23, art. 2776; No. 29, art. 3600; 2010, N 28, art. 3553; No. 30, Art. 4007; N 31, art. 4166; 2011, N 27, art. 3873; No. 46, art. 6406; 2012, N 30, Art. 4172; No. 50, Art. 6954; 2013, N 19, art. 2329; No. 26, art. 3207; No. 44, Art. 5641; No. 52, art. 6968; 2014, N 19, art. 2315, Art. 2335) (hereinafter referred to as Federal Law No. 115-FZ), part two of the Civil Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 5, Art. 410) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated May 29, 2014 N 18) The Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions, the Bank of Russia (hereinafter referred to as banks) bank accounts, accounts for deposits (deposits), deposit accounts (hereinafter referred to as accounts) for legal entities, individuals , individual entrepreneurs, individuals engaged in private practice in accordance with the legislation of the Russian Federation, as well as courts, divisions of the bailiff service, law enforcement agencies (hereinafter referred to as clients) in the currency of the Russian Federation and foreign currencies.
This Instruction does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and a referendum, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation, established in accordance with the legislation of the Russian Federation, as well as accounts, opened on other grounds other than a bank account agreement, deposit (deposit), deposit account.
Chapter 1. General Provisions
1.1. Opening of accounts for clients is carried out by banks, provided that the clients have legal capacity (capacity).
In accordance with paragraph 5 of Article 7 of Federal Law N 115-FZ, credit institutions are prohibited from opening bank accounts, deposits accounts for individuals without the personal presence of the person opening the bank account (deposit account), or his representative.
Operations on accounts of the corresponding type (account mode) are regulated by the legislation of the Russian Federation and are carried out in accordance with the procedure established by it.
1.2. The basis for opening an account is the conclusion of an account agreement of the appropriate type and the submission prior to opening an account of all documents and information specified by the legislation of the Russian Federation, provided that in order to comply with Federal Law N 115-FZ:
identification of the client, his representative, beneficiary;
Reasonable and accessible under the circumstances, measures have been taken to identify beneficial owners, except for the cases provided for by Federal Law No. 115-FZ, when the identification of beneficial owners is not carried out.
A credit institution, on the basis of paragraph 5 of Article 7 of Federal Law N 115-FZ, refuses to conclude a bank account agreement, deposit (deposit), deposit account agreement with a client if the documents necessary to identify the client and the client's representative are not submitted.
In accordance with paragraph two of clause 5.2 of Article 7 of Federal Law N 115-FZ, if there are suspicions that the purpose of opening an account is to carry out operations for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, a credit institution, in accordance with the rules internal control considers the existence of grounds for refusing to conclude an account agreement of the corresponding type.
Several accounts may be opened for the client on the basis of one account agreement of the corresponding type, if this is provided for by the agreement concluded between the bank and the client.
1.3. The opening of an account is completed, and the account is open with an entry about the opening of the corresponding personal account in the Book of Registration of Open Accounts.
An entry on the opening of a personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day of conclusion (or entry into force) of the account agreement of the corresponding type. The specified entry may be made in the Book of Registration of Open Accounts simultaneously with the conclusion of an account agreement of the corresponding type.
In case of opening an account for a client under one agreement, which provides for the possibility of opening several accounts on the basis of an additional request from the client to open an account, an entry on the opening of the corresponding personal account must be entered in the Book of Registration of Open Accounts no later than the business day following the day the bank receives the client’s request about opening an account. If the client's request to open an account contains an indication of a specific account opening date, an entry on the opening of the corresponding personal account must be entered in the Open Accounts Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client's request to open accounts. The bank is obliged to have documentary evidence of receipt of the client's request to open an account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.
The reason for closing an account is the termination of the account agreement of the corresponding type in the manner and in the cases provided for by the legislation of the Russian Federation or by agreement of the parties.
Closing of an account is carried out by making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
In the event of closing one of the accounts opened under one agreement concluded between the bank and the client, an entry on the closure of the corresponding personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day the bank receives the client's application to close the account, if the legislation of the Russian Federation does not provide otherwise. If the client's application for closing an account contains an indication of a specific date for closing an account, an entry on the closure of the corresponding personal account must be made in the Book of Registration of Open Accounts no later than the business day following such a date, but not earlier than the day the bank receives the client's application for closing accounts. The bank is obliged to have documentary evidence of receipt of the client's application to close the account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.
The entry into the Book of Registration of Open Accounts of an entry on the closure of a personal account in connection with a change in the number of a personal account due to the requirements of the legislation of the Russian Federation, as well as the regulations of the Bank of Russia (in particular, due to the reorganization of a client or a credit institution servicing him, a change in the procedure accounting, changes in the Chart of Accounts).
Entries in the Book of Registration of Open Accounts shall be made in accordance with the procedure established by the legislation of the Russian Federation and banking rules.
1.4. In order to organize work on opening and closing accounts, a credit institution shall adopt banking rules in accordance with Chapter 11 of this Instruction.
From among its employees, the bank determines the officials responsible for working with clients on opening and closing accounts for clients (hereinafter referred to as bank officials), establishing for them the appropriate official rights and obligations, with which they must be familiarized against signature.
1.5. Bank officials accept the documents required to open an account of the appropriate type, check the proper execution of documents, the completeness of the information provided and their reliability in the cases and in the manner established by this Instruction, on the basis of the documents received, check whether the client has legal capacity (capacity), as well as perform other functions provided for by this Instruction, banking rules and job description. For these purposes, bank officials interact with customers and their representatives, request and receive the necessary information.
Bank officials may be authorized to identify a client, client representative, beneficiary, take reasonable and accessible measures in the circumstances to identify the beneficial owner.
Bank officials may be authorized to draw up, in the manner prescribed by paragraph 7.10 of this Instruction, a card with samples of signatures and seal imprints (hereinafter referred to as the card).
1.6. A credit institution is obliged to update the information obtained when identifying customers, customer representatives, beneficiaries and beneficial owners in the manner prescribed by the legislation of the Russian Federation.
1.7. Before opening an account, the bank must establish whether the person applying for opening an account is acting on his own behalf or on behalf of another person who will be a client.
If the person who applied to open an account is a representative of the client, the bank is obliged to establish the identity of the client's representative, as well as obtain documents confirming that he has the appropriate authority.
The bank must also establish the identity of the person (persons) endowed with the right to sign, as well as the person (persons) authorized (authorized) to dispose of the funds on the account, using an analogue of a handwritten signature, codes, passwords and other means confirming the existence the specified powers (hereinafter referred to as the analogue of a handwritten signature).
1.8. The bank is obliged to have copies of documents proving the identity of the client, as well as persons whose identity must be established when opening an account, or information about their details: series and number of the document, date of issue of the document, name of the authority that issued the document, and unit code (if any) (hereinafter - the details of the identity document).
When making a copy of an identity document, it is allowed to copy individual pages containing the information necessary for the bank.
Information established by the bank prior to opening an account, including information about the client, his representative, beneficiary and beneficial owner, must be documented in accordance with the requirements established by the legislation of the Russian Federation.
1.9. In case of changes in the information to be established when opening an account, customers are required to submit to the bank the necessary documents (copies thereof) confirming the change in this information.
1.10. The Bank is obliged to systematically update information about customers to be identified when opening an account, as well as about persons whose identity must be identified when opening an account, in the manner prescribed by banking rules.
1.11. To open an account, the original documents or their copies, certified in accordance with the procedure established by the legislation of the Russian Federation, are submitted to the bank.
In the cases provided for in the banking rules, documents submitted by a client - a legal entity when opening an account, may be certified in the manner prescribed by sub-clause 1.11.1 of this clause. In the cases provided for in the banking rules, a bank official (another person authorized by the bank) may make and certify copies of the documents submitted when opening an account in the manner prescribed by sub-clause 1.11.2 of this clause.
1.11.1. Copies of documents certified by a client - a legal entity, are accepted by the bank, provided that the official of the bank (another person authorized by the bank) establishes their compliance with the original documents. A copy of the document, certified by a client - a legal entity, must contain the last name, first name, patronymic (if any), the title of the position of the person who certified the copy of the document, as well as his own signature, the date of certification and the seal (if it is absent - a stamp) of the client.
On the copy of the document received from the client - a legal entity, the bank official or other person authorized by the bank, who is an employee of the bank, puts the mark "verified with the original", indicates his last name, first name, patronymic (if any), position or details of the document certifying identity, and also affixes a handwritten signature, the date of certification and an imprint of a seal or stamp established for these purposes by the bank.
On the copy of the document received from the client - a legal entity, another person authorized by the bank, who is not an employee of the bank, puts the mark "verified with the original", indicates his last name, first name, patronymic (if any), details of the identity document, and also puts down handwritten signature, date of certification and imprint of the seal or stamp established for these purposes by the bank.
1.11.2. An official of the bank (another person authorized by the bank) has the right to certify copies of documents submitted by the client (his representative) for opening an account, both on paper and in electronic form. Copies of documents submitted by the client (his representative) for opening an account can be made by a bank official (another person authorized by the bank) in electronic form and certified by an analogue of his handwritten signature in the manner and cases established by the bank in banking rules.
An official of the bank or another person authorized by the bank, who is an employee of the bank, puts on a copy of the document on paper the mark "correct copy" and indicates his last name, first name, patronymic (if any), position or details of an identity document, and also puts down his own handwritten signature, date of certification and imprint of the seal or stamp established for these purposes by the bank.
Another person authorized by the bank, who is not an employee of the bank, puts a mark "correct copy" on a copy of the document on paper and indicates his last name, first name, patronymic (if any), details of an identity document, and also puts his own signature, date of certification and an imprint of the seal or stamp established for these purposes by the bank.
1.11.3. In the cases provided for in banking rules, in order to open an account for a client - a legal entity, a certified extract from internal documents generated in its activities, or a certified extract from documents directly related to the activities of this client - a legal entity and formed in the activities of legal entities (authorities) in charge of (which is subordinate to) the client - a legal entity.
An extract from internal documents generated in the activities of a client - a legal entity, can be certified in the manner prescribed by the legislation of the Russian Federation, or certified by a client - a legal entity indicating the last name, first name, patronymic (if any), position of the person who certified the extract, as well as with affixing his handwritten signature, date of certification and seal (in its absence - a stamp) of the client - a legal entity.
An extract from documents that are directly related to the activities of a client - a legal entity and formed in the activities of legal entities (authorities) in charge of (which has jurisdiction over) a client - legal entity, can be certified in the manner prescribed by the legislation of the Russian Federation, or certified a legal entity (authority) in charge of (which is subordinate to) the client, indicating the last name, first name, patronymic (if any), position of the person who certified the extract, as well as affixing his own signature, date of certification and seal imprint (if its absence - a stamp) of a legal entity (authority), unless a different procedure for certifying an extract from documents is determined by the relevant legal entity (authority).
1.12. In order to open an account, the client is obliged to submit the documents provided for by this Instruction, as well as other documents in cases where the legislation of the Russian Federation requires the opening of an account by the presence of documents not specified in this Instruction. The Bank has the right not to require the submission of those documents that are in the client's legal file, formed in accordance with Chapter 10 of this Instruction.
The client's representative, persons authorized to manage the funds on the account using an analogue of a handwritten signature, and persons entitled to sign are required to submit an identity document, as well as documents confirming the existence of appropriate powers.
In the cases and in the manner provided for in the banking rules, the card may not be presented when opening an account, provided that:
the agreement stipulates that transactions on the account are carried out solely on the basis of the order of the client (the beneficiary of the escrow account), and the orders necessary for conducting a banking operation are drawn up and signed by the bank;
the agreement stipulates that the disposal of funds on the account is carried out exclusively using an analogue of a handwritten signature;
a current account is opened for an individual to carry out transactions exclusively with the use of an electronic means of payment;
Neither the depositor of the escrow account nor the beneficiary of the escrow account has the right to dispose of the funds in the escrow account.
In the cases established by this Instruction, instead of a card, an album of specimen signatures of persons authorized to dispose of the funds on the account (hereinafter referred to as the album) may be submitted in the form established by the agreement or customs.
1.13. All documents submitted to open an account must be valid on the date of their submission.
Documents drawn up in full or in any part in a foreign language (with the exception of documents proving the identity of individuals issued by the competent authorities of foreign states, drawn up in several languages, including Russian), are submitted to the bank with a duly certified translation into Russian language.
Documents issued by the competent authorities of foreign states, confirming the status of legal entities - non-residents, are accepted by the bank subject to their legalization in the prescribed manner or without their legalization in cases stipulated by international treaties of the Russian Federation.
The requirement to submit documents to the bank with a duly certified translation into Russian does not apply to documents issued by the competent authorities of foreign states proving the identity of individuals, provided that the individual has a document confirming the right of legal stay (residence) on the territory of the Russian Federation.
In the cases and in accordance with the procedure provided for in the banking rules, an official of the bank (another employee of the bank) who has (has) a degree (qualification) that provides for the possibility of performing the functions of an interpreter in the relevant foreign language (s) is entitled to carry out for use in the bank translation into Russian of documents required for submission to the bank in order to open an account, drawn up in a foreign language. The translation must be signed by the person who made the translation, indicating his position or details of the document proving his identity, last name, first name, patronymic (if any) and his degree (qualification).
1.14. Documents (their copies) collected by the bank for opening an account are placed in a legal file, formed in accordance with the requirements established by Chapter 10 of this Instruction.
Documents (their copies) in electronic form on the issues of opening an account are stored in the manner prescribed by the banking rules, with the requirements of paragraph 10.6 of this Instruction.
Chapter 2. Types of accounts
2.1. Banks open in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; correspondent accounts; correspondent sub-accounts; trust management accounts; special bank accounts; deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries; deposit accounts.
2.2. Current accounts are opened by individuals for transactions not related to entrepreneurial activity or private practice.
2.3. Settlement accounts are opened for legal entities that are not credit institutions, as well as individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, for performing transactions related to entrepreneurial activity or private practice. Settlement accounts are opened for representative offices of credit institutions, as well as for non-profit organizations to carry out transactions related to the achievement of the goals for which non-profit organizations were created.
2.4. Budget accounts are opened in cases established by the legislation of the Russian Federation for legal entities that carry out transactions with funds from the budgets of the budget system of the Russian Federation.
2.5. Correspondent accounts are opened for credit institutions, as well as other organizations in accordance with the legislation of the Russian Federation or an international agreement. The Bank of Russia opens correspondent accounts in foreign currencies.
2.6. Correspondent sub-accounts are opened for branches of credit institutions.
2.7. Trust management accounts are opened for a trust manager to carry out transactions related to trust management activities.
2.8. Special bank accounts, including special bank accounts of a bank payment agent, a bank payment sub-agent, a payment agent, a supplier, a trading bank account, a clearing bank account, a payment system guarantee fund account, a nominal account, an escrow account, a collateral account, a debtor’s special bank account , are opened to legal entities, individuals, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, in cases and in the manner established by the legislation of the Russian Federation for the implementation of the operations of the corresponding type provided for by it.
2.9. Deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries are opened respectively for courts, divisions of the bailiff service, law enforcement agencies, notaries for crediting funds received for temporary disposal, when they carry out activities established by the legislation of the Russian Federation and in accordance with the legislation of the Russian Federation cases.
2.10. Accounts on deposits (deposits) are opened respectively for individuals and legal entities to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of placed funds.
Chapter 3. Opening a current account for an individual
3.1. To open a current account for an individual - a citizen of the Russian Federation, the following are submitted to the bank:
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account (if such powers are transferred to third parties), and in the case when the agreement provided for the certification of the rights to dispose of the funds on the account, by third parties and the use an analogue of a handwritten signature, documents confirming the authority of persons entitled to use an analogue of a handwritten signature;
d) certificate of registration with the tax authority (if any).
3.2. To open a current account for an individual - a foreign citizen or stateless person, the documents specified in clause 3.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, are submitted, if their presence is provided for by the legislation of the Russian Federation.
Chapter 4. Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the legislation of the Russian Federation
4.1. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, the following must be submitted to the bank:
b) constituent documents of a legal entity. Legal entities operating on the basis of a model charter approved by the Government of the Russian Federation; operating on the basis of model regulations on organizations and institutions of the corresponding types and types, approved by the Government of the Russian Federation, and charters developed on their basis; operating on the basis of a model provision and a charter, submit the said documents. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies submit legislative and other regulatory legal acts adopted in accordance with the procedure established by the legislation of the Russian Federation, decisions on their creation and legal status;
c) licenses (permits) issued to a legal entity, if these licenses (permits) are directly related to the client's legal capacity to conclude an agreement on the basis of which an account is opened;
d) card (except for the cases provided for in paragraph 1.12 of these Instructions);
e) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature;
f) documents confirming the powers of the sole executive body of the legal entity;
g) a certificate of registration with a tax authority or a document issued by a tax authority in cases stipulated by the legislation of the Russian Federation for the purpose of opening an account.
4.2. To open a current account for a legal entity, a correspondent account of a credit institution established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following shall be submitted to the bank:
a) the documents provided for in subparagraphs "c", "e", "f" and "g" of paragraph 4.1 of this Instruction;
b) documents confirming the legal status of a legal entity under the laws of the country in whose territory this legal entity is established, in particular, documents confirming its state registration;
c) a card (except for the cases provided for in clause 1.12 of this Instruction).
To open a correspondent account for a credit institution established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, the bank has the right to accept an album instead of a card. Establishing the identity of the persons indicated in the album, as well as persons authorized to dispose of the funds on the correspondent account, using an analogue of a handwritten signature, is not required, unless otherwise specified by the bank in the banking rules.
To open a correspondent account for a central (national) bank of a foreign state, the bank shall submit legislative and (or) other regulatory legal acts on its legal status, an album, as well as a document provided for by this Instruction, adopted in accordance with the procedure established by the legislation of the relevant foreign state, if in accordance with by the legislation of the Russian Federation, it must be obtained.
4.3. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following are submitted to the bank:
a) the documents specified in this Instruction;
b) provision on a separate subdivision of a legal entity;
c) documents confirming the powers of the head of a separate subdivision of a legal entity;
d) a document confirming the registration of the legal entity with the tax authority at the location of its separate subdivision.
4.4. To open a current account for a legal entity established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following are submitted to the bank:
a) the documents provided for by this Instruction;
b) documents provided for in this Instruction.
In the cases stipulated by the legislation of the Russian Federation, documents are also submitted confirming that an entry has been made in the consolidated state register of representative offices of foreign companies accredited in the territory of the Russian Federation or in the state register of branches of foreign legal entities accredited in the territory of the Russian Federation.
4.5. To open a current account, the embassy, consulate, as well as other diplomatic and equivalent representation of a foreign state, the documents provided for in subparagraphs "d", "e" and "g" of paragraph 4.1 of this Instruction are submitted to the bank.
In order to open a current account, a diplomatic mission and an equivalent representative office of a foreign state must additionally submit documents confirming the status of the representative office.
4.6. To open a settlement account of an international organization, an international agreement, charter or other similar document confirming the status of the organization, as well as the documents provided for in subparagraphs "d", "e", "f" and "g" of paragraph 4.1 of these Instructions are submitted to the bank.
To open a current account for a separate subdivision of an international organization for transactions by this separate subdivision (branch, representative office) located on the territory of the Russian Federation, the documents specified in subparagraphs "b" and "c" of paragraph 4.3 of these Instructions are additionally submitted to the bank.
4.7. To open a current account for an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the bank is provided with:
a) an identity document of an individual;
b) a card (except for the cases provided for in this Instruction);
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account (if such powers are transferred to third parties), and in the case when the agreement provides for the certification of the rights to dispose of the funds on the 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;
d) certificate of registration with the tax authority;
e) certificate of state registration as an individual entrepreneur. The notary shall submit a document confirming the empowerment (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 submits a document certifying his registration in the register of lawyers, as well as a document confirming the establishment of a lawyer's office;
f) licenses (patents) issued to an individual entrepreneur or a person engaged in private practice, in accordance with the procedure established by the legislation of the Russian Federation, for the right to carry out activities subject to licensing (regulation by issuing a patent).
4.8. To open a current account, an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who are foreign citizens, must submit the documents specified in paragraph 4.7 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen or person without citizenship for stay (residence) in the Russian Federation, if their presence is provided for by the legislation of the Russian Federation.
4.9. To open a budget account for a legal entity, along with the documents provided for in subparagraphs "a", "b", "d", "e", "f" and "g" of paragraph 4.1 of this Instruction, in cases established by the legislation of the Russian Federation, a document is submitted to the bank confirming the legal entity's right to bank services.
4.10. To open a correspondent account for a credit institution established in accordance with the legislation of the Russian Federation, the Bank of Russia shall submit the documents specified in clause 4.1 of this Instruction, with the exception of the documents specified in subparagraphs "a", "b", "c" and "e" of paragraph 4.1 of this Instruction.
In order to open a correspondent account for a credit institution established in accordance with the legislation of the Russian Federation, the credit institution shall submit, along with the documents specified in Clause 4.1 of this Instruction, confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of duties) in accordance with the legislation of the Russian Federation Federation is subject to agreement with the Bank of Russia, when indicating these persons in the card.
4.11. In order to open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the credit institution shall, in the cases established by Bank of Russia regulations, along with the documents specified in paragraph 4.3 of this Instruction, a message on entering information about the opening of a branch in the Book state registration of credit institutions and assignment of a serial number to it, as well as confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of duties) in accordance with the legislation of the Russian Federation is subject to approval by the Bank of Russia, when these persons are indicated in the card.
In order to open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the Bank of Russia shall submit the documents specified in clause 4.3 of this Instruction, with the exception of the documents specified in sub-clauses "a", "b", "c" and "f" of clause 4.1 of this Instruction and subparagraphs "b", "c" of paragraph 4.3 of this Instruction.
4.12. To open a correspondent account in foreign currency or a special bank account for the Bank of Russia, the following must be submitted to a credit institution:
a) certificate of state registration of a legal entity;
c) a card (except as provided for in paragraph 1.12 of these Instructions) or an album.
4.13. In order to open accounts for the trustee for transactions related to activities related to trust management (trust management accounts), the following shall be submitted to the bank:
a) the documents specified in this chapter for opening an account for the relevant client;
b) an agreement on the basis of which trust management is carried out.
4.14. To open a special bank account, the same documents are submitted to the bank as for opening a current account, correspondent account or current account, subject to the requirements of the legislation of the Russian Federation.
When opening a special bank account for a bank paying agent, a bank paying subagent, a paying agent, a supplier, a credit institution must have information, respectively, on the agreement on engaging a bank paying agent (bank payment subagent), on the agreement on carrying out activities for accepting payments from individuals.
When opening a nominal account, escrow account, the bank must have information about the beneficiary and the basis for his participation in relations under the nominal account agreement, escrow account. The bank must also have information about the pledge holder of the pledge account.
The procedure for fixing the specified information is determined by the bank independently in the banking rules.
To open a special bank account of the debtor, the bankruptcy trustee shall submit an identity document, a copy of the judicial act on the approval of the bankruptcy trustee in the bankruptcy case of the debtor, and a card.
Chapter 5. Opening accounts for deposits (deposits)
5.1. To open an account for a natural person - a citizen of the Russian Federation on a deposit in a bank, the following is submitted:
a) an identity document of an individual;
b) certificate of registration with the tax authority (if any).
If the bank deposit agreement provides for the possibility of transferring funds from the deposit account, 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 stateless person, the documents specified in clause 5.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation , if their presence is provided for by the legislation of the Russian Federation.
5.3. To open a legal entity established in accordance with the legislation of the Russian Federation, a deposit account is submitted to the bank:
a) certificate of state registration of a legal entity;
b) certificate of registration with the tax authority.
5.4. To open a legal entity established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, a deposit account is submitted to the bank with documents confirming the legal status of this legal entity under the legislation of the country in which the legal entity was created, in particular documents confirming its state registration.
5.5. To open an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, a deposit account is submitted to a bank:
a) an identity document of an individual;
b) certificate of registration with the tax authority;
c) certificate of state registration as an individual entrepreneur. The notary shall submit a document confirming the empowerment (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 submits a document certifying his registration in the register of lawyers, as well as a document confirming the establishment of a lawyer's office.
5.6. To open a deposit account for an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who are foreign citizens, the documents specified in clause 4.7 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen, are submitted to the bank. citizen or stateless person for stay (residence) in the Russian Federation, if their presence is provided for by the legislation of the Russian Federation.
Chapter 6
6.1. To open a court deposit account, the following must be submitted to the bank:
a) a document defining the legal status of the judicial authority for which the account is opened;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
6.2. To open a deposit account of divisions of the bailiff service, the following are submitted to the bank:
a) a document on the legal status of the bailiff service unit for which the account is opened;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.
6.3. To open a deposit account of law enforcement agencies, the following are submitted to the bank:
a) a document on the legal status of the law enforcement agency for which the account is opened;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.
6.4. To open a notary's deposit account, the following must be submitted to the bank:
a) an identity document of an individual;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) a document confirming the empowerment of a notary public (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.
Chapter 7. Signature and Seal Sample Card
7.1. The card is submitted by the client to the bank in the cases provided for by this Instruction, together with other documents necessary for opening an account.
The card can be issued in the form N 0401026 according to OKUD (All-Russian classifier of management documentation OK 011-93), given in Appendix 1 to these Instructions, or in the form established by banking rules and containing information to be included in the card in accordance with Appendix 1 to of this Instruction.
7.2. The card is filled in using a typewriter or an electronic computer in black font or a pen with black, blue or purple paste (ink). The use of a facsimile signature to fill in the fields of the card is not allowed.
7.3. The bank makes the number of copies of the card necessary for use in the work. The use of copies of the card obtained on a copying technique is allowed provided that the copying is made without distortion.
Copies of the card made on paper must be certified by the signature of the chief accountant of the bank (his deputy) or a bank employee authorized by the bank's administrative act to draw up the card in accordance with paragraph 7.10 of this Instruction (hereinafter referred to as the authorized person).
Instead of copies, it is possible to use several copies of the cards provided by the client.
When servicing several client accounts by the bank and subject to the coincidence of the list of persons entitled to sign, the bank has the right not to require the issuance of a card for each account in the cases and in the manner provided for in the banking rules.
In the cases and in the manner provided for in the banking rules, the bank may use a copy of the card obtained using scanning devices, certified by an analogue of the handwritten signature of the bank's chief accountant (his deputy) or an authorized person. At the same time, it should be possible to reproduce without distortion a copy of a card obtained using scanning devices on paper.
7.4. Forms of cards are made by clients, bank independently.
An arbitrary number of lines is allowed in the fields "Client (Account Owner)", "Cash checks issued", "Other notes", "Last name, first name, patronymic" and "Sample signature", taking into account the number of persons entitled to sign, as well as in the field "N account" in the case provided for in clause 7.3 of this Instruction.
When making a card, an interlinear indication of the translation of the fields of the card in the languages of the peoples of the Russian Federation, as well as in foreign languages, is allowed.
The field "Sample seal impression" should provide for the possibility of putting a seal impression without going beyond the boundaries of this field.
7.5. The card submitted by a client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates the person (s) endowed (s) with the right to sign.
The right to sign belongs to the client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The right to sign may belong to natural persons on the basis of an appropriate power of attorney issued in the cases and in the manner established by the legislation of the Russian Federation, by an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The card submitted by the client - a legal entity, indicates the person (persons) endowed with the right to sign.
The right to sign belongs to the sole executive body of the client - legal entity (sole executive body), as well as other employees (employees) vested with the right to sign by the client - legal entity, including on the basis of an administrative act, a power of attorney.
The right to sign may belong only to employees (employees) of the client - a legal entity, except for the cases established by paragraphs nine - eleven of this clause.
The head of a separate subdivision of a client - a legal entity, if he has the appropriate authority, has the right, by his administrative act or on the basis of a power of attorney, to give the right to sign the employees (employees) of this separate subdivision.
In accordance with Article 11.1 of the Federal Law "On Banks and Banking Activity", the disposal of funds held on the accounts of a credit institution opened with the Bank of Russia may be assigned only to persons agreed in accordance with the procedure established by parts six through eight of the said article.
The right to sign may be transferred to a clearing organization, a payment system operator, a central payment clearing counterparty, a managing or managing organization, a bankruptcy trustee, and persons providing accounting services.
If the managing organization that performs the functions of the sole executive body grants its employees (employees) or employees (employees) of the client - legal entity the right to sign on behalf of the client - legal entity, such a right may be granted on the basis of an administrative act of the managing organization or a power of attorney.
The sole executive body of the managing organization may act as a person entitled to sign.
The card submitted by the client - legal entity shall contain at least two handwritten signatures required for signing documents containing the client's order, unless a different number of signatures is determined by agreement between the bank and the client - legal entity.
Possible combinations of handwritten signatures of persons entitled to sign, necessary for signing documents containing the client's order, are determined by an agreement between the bank and the client.
7.6. The sole executive body of a client - a legal entity, an individual entrepreneur, may not be indicated in the card as persons entitled to sign, provided that other persons are granted the right to sign.
7.7. To issue a card, only documents confirming the status of the persons indicated in the card are submitted to the embassy or consulate. If an international agreement ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an official of an embassy or consulate to authenticate the signatures of employees of the relevant embassy or consulate, then the bank accepts a card in which the authenticity of the signatures of these employees is certified by the specified official.
7.8. The sample imprint of the seal affixed by the client to the card must correspond to the seal that the client has.
The provisional administration for the management of a credit institution shall affix an imprint of a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the provisional administration for the management of a credit organization.
The bankruptcy commissioner (liquidator), the external administrator affixes an imprint of the seal used by him in the implementation of bankruptcy proceedings (liquidation), external administration.
7.9. The authenticity of handwritten signatures of persons entitled to sign may be certified by a notary. The Bank accepts a card in which the authenticity of the signatures of all persons entitled to sign is certified by one notary.
7.10. The card can be issued without notarization of the authenticity of signatures in the presence of an authorized person in the following order.
7.10.1. The authorized person establishes the identity of the persons indicated in the card on the basis of the submitted identity documents.
7.10.2. The authorized person establishes the powers of the persons indicated in the card on the basis of studying the constituent documents of the client, as well as documents on vesting the person with the appropriate powers.
7.10.3. The persons indicated in the card, in the presence of an authorized person, put their own signatures in the corresponding field of the card. Blank lines are filled with dashes.
7.10.4. The authorized person, in confirmation of the signatures of the persons indicated in the card in his presence, fills in the field "Place for the certification inscription on the certification of the authenticity of signatures" of the card in the bank's premises in the manner prescribed by paragraph 2.9 of Appendix 2 to this Instruction.
7.11. The card is valid until the termination of the bank account agreement, deposit account, deposit account, or until it is replaced by a new card.
In case of replacement or addition of at least one signature and (or) replacement (loss) of the seal, change of the surname, name, patronymic of the person indicated in the card, in cases of change of the name, organizational and legal form of the client - legal entity or in case of early termination (suspension of ) the powers of the client's management bodies in accordance with the legislation of the Russian Federation, the client presents a new card.
The presentation of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the authority of the persons indicated in the card to dispose of the funds on the account, as well as documents proving the identity of the person (persons) vested with the right to sign. The Bank is not entitled to accept a new card without presenting the said documents, except for the cases when the said documents were submitted to the Bank earlier and the Bank already has them.
7.12. The Bank is entitled to make changes in the fields "Location (place of residence)", "tel. N" of the card upon a written application of the client.
The Bank has the right to independently make changes to the fields "Bank", "Mark of the bank", "Account number", "Term of authority", "Cash checks issued" of the card.
Cases when it is allowed to make changes to the fields "Location (place of residence)", "tel. N", "Bank", "Bank mark", "Account N", "Term of authority", "Cash checks issued" of the card are determined bank in banking rules.
The Bank has the right to make corrections in the fields of the card, drawn up in the manner prescribed by clause 7.10 of this Instruction, when filling in which errors were made.
The procedure for making changes and corrections to the fields of the card is determined by the bank independently in the banking rules. When making changes and corrections, strikethrough of the text is carried out with a thin line so that you can read the strikethrough.
7.13. If the right to sign is granted temporarily to persons not specified in the card, as well as in the case of temporary use of an additional seal, the card shall be accompanied by temporary cards drawn up in the manner prescribed by this Instruction. In this case, in the upper right corner on the front side of the card, the mark "Temporary" is put down.
7.14. The front and back sides of the card are filled in in the manner prescribed by this Instruction.
7.15. Under an escrow account, the right to sign can be transferred to the beneficiary of the escrow account on the basis of an escrow account agreement, another agreement under which the bank is the escrow agent. In this case, a card is presented to the bank, for the purpose of issuing which the beneficiary of the escrow account is considered as a client of the bank.
Chapter 8. Closing a bank account
8.1. The basis for closing a bank account is the termination of the bank account agreement, including in the case established by paragraph three of clause 5.2 of Article 7 of Federal Law N 115-FZ.
8.2. After the termination of the bank account agreement, credit and debit operations on the client's account are not carried out, with the exception of the operations provided for in this Instruction. The funds received by the client after the termination of the bank account agreement are returned to the sender.
8.3. After the termination of the bank account agreement, before the expiration of seven days after receiving the relevant written application from the client, the bank issues the balance of funds from the bank account to the client in cash or transfers funds by payment order.
If the client fails to appear to receive the balance of funds in the bank account within sixty days from the date of sending, in accordance with paragraph 1.2 of Article 859 of the Civil Code of the Russian Federation, the bank sends the client a notice of termination of the bank account agreement or the bank does not receive, within the specified period, the client's instructions to transfer the amount the balance of funds to another account, the bank is obliged, in accordance with paragraph two of clause 3 of Article 859 of the Civil Code of the Russian Federation, to credit funds to a special account with the Bank of Russia opened in accordance with Bank of Russia Directive No. 3026-U dated July 15, 2013 "On Special account with the Bank of Russia", registered by the Ministry of Justice of the Russian Federation on August 16, 2013 N 29423 ("Bulletin of the Bank of Russia" dated August 28, 2013 N 47).
8.4. In connection with the termination of the bank account agreement, the client is obliged to hand over to the bank unused cash checkbooks with the remaining unused cash checks and stubs in the manner prescribed by the legislation of the Russian Federation.
8.5. In the absence of funds in the bank account, an entry on the closure of the relevant personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the bank account agreement is terminated, unless otherwise provided by the legislation of the Russian Federation.
The presence of restrictions on the disposal of funds in a bank account, provided for by the legislation of the Russian Federation, in the absence of funds in the bank account, does not prevent making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
If there are funds on the bank account on the day of termination of the bank account agreement, an entry on the closure of the corresponding personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the funds are debited from the bank account.
In case of termination of the bank account agreement in the presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds in the bank account and in the presence of funds in the account, an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts is made after the cancellation of these restrictions no later than the working day following day of debiting funds from the bank account.
The presence of unfulfilled orders for the transfer of funds does not prevent the termination of the bank account agreement and the entry of an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
8.6. In order to close the bank account of the debtor in the course of bankruptcy proceedings, the bankruptcy trustee shall submit an identity document, a copy of the judicial act on the approval of the bankruptcy trustee in the bankruptcy case of the debtor, a written application for closing the bank account indicating the details of the bank account to which the balance of funds is to be transferred to account, details of the beneficiary's bank. If the order to transfer the balance of funds on the bank account is drawn up and signed by the bank, the card is not submitted to the bank.
8.7. When terminating the nominal account agreement, the bank transfers the balance of funds by payment order to another nominal account of the client - account holder or issues it to the beneficiary in cash, or (unless otherwise provided by law or the nominal account agreement or follows from the essence of the relationship) transfers the payment order by indicating the beneficiary to another account.
Unless otherwise provided by the agreement of the client-depositor and the beneficiary, when terminating the escrow account agreement, the bank issues the balance of funds on the account to the client-depositor in cash or transfers funds to the client-depositor by a payment order or, if there are grounds for transferring funds to the beneficiary, it issues to the beneficiary in cash or transfers funds to the beneficiary by payment order.
Chapter 9. Closing of a deposit (deposit), deposit account
9.1. The basis for closing a deposit (deposit) account is the termination of the deposit (deposit) agreement, including in the case established by paragraph three of clause 5.2 of Article 7 of Federal Law N 115-FZ.
An entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts is made by the bank on the day of the appearance of a zero balance on the deposit (deposit) account, unless otherwise provided by the deposit (deposit) agreement.
9.2. Closing of deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries is carried out in accordance with this chapter, unless otherwise provided by the legislation of the Russian Federation.
Chapter 10
10.1. A legal case is formed by the bank for each client account.
One legal case can be formed on several client accounts. The cases and procedure for the formation of one legal case on several customer accounts are determined by the bank in the banking rules.
The client's legal case is assigned a serial number in accordance with banking rules.
If the person who applied to the bank to open an account is a representative of several clients, the bank has the right to place copies of documents (or information about their details) proving the identity of the representative, as well as documents confirming that he has the appropriate authority, in the legal file of one of clients in whose interests the representative acts. At the same time, the legal files of other clients must contain information indicating the legal file in which the specified documents of the representative of these clients are placed. The cases and procedure for the formation of legal cases of clients, on behalf of which one representative acts, are determined by the bank in the banking rules.
10.2. In a legal case are placed:
documents and information submitted by the client (his representative) when opening an account, as well as documents submitted in case of changes in the specified information;
contract (contracts) of a bank account, deposit (deposit), deposit account, amendments and additions to the said contract (s), other contracts defining the relationship between the bank and the client on opening, maintaining and closing an account;
documents relating to the bank's sending messages to the tax authority on the opening (closing) of an account;
correspondence between the bank and the client on opening, maintaining and closing an account;
expired cards;
other documents relating to the relationship between the client and the bank on opening, maintaining and closing an account.
The cards presented and used in customer service shall be stored in a place determined by the bank independently.
10.3. When seizing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (decree) of the state body, documents received by the bank during the seizure (seizure) of the document (its copy) are placed in the legal file.
When compiling one document, when seizing (seizure) documents from several legal cases, the document (its copy) received by the bank when seizing (seizure) documents is placed in one of the legal files, copies of the specified document certified by the bank are placed in other legal cases.
When seizing (withdrawing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures in the circumstances to place in the legal file a copy of the document being withdrawn, certified in the manner prescribed by clause 1.11 of these Instructions.
10.4. The Bank is obliged to exclude unauthorized access to the legal files of clients during their storage.
10.5. In case of termination of servicing a client in one division of the bank and transferring him for servicing to another division of the bank, the legal case may be transferred from one division of the bank to another in the manner prescribed by banking rules.
10.6. Legal cases are kept by the bank during the entire period of validity of the bank account agreement, deposit (deposit), deposit account, and after the termination of relations with the client - for the period established by the legislation of the Russian Federation.
The terms for storing documents (their copies) in electronic form relating to the relationship between the bank and the client on opening, maintaining and closing an account must be no less than the terms for storing the relevant legal file of the client.
Chapter 11. Banking rules
11.1. Banking rules are an internal document of a credit institution and include the following provisions:
on the distribution of competence in the field of opening and closing accounts among the structural subdivisions of the credit institution, including the procedure for maintaining and storing the Book of Registration of Open Accounts;
on the procedure for opening and closing accounts, taking into account the requirements established by this Instruction, as well as on organizing work to comply with the requirement for the personal presence of a person opening a bank account (deposit account) or his representative when opening a bank account (deposit account) for an individual ;
on the procedure for the preparation by the credit institution of documents used in opening and closing accounts, as well as the procedure for the preparation and certification by the credit institution of copies of documents submitted by the client;
on the rules of document flow from the moment of receipt of documents from the client (his representative) until the moment the account number is communicated to the client;
on the organization of work on the preparation and sending of notifications to the tax authority on opening or closing an account, on changing the details of an account;
on the procedures for accepting documents for opening accounts;
on the form and procedure for issuing a card;
on the procedure for obtaining and issuing a sample signature of a client - an individual in the case provided for in paragraph six of clause 1.12 of these Instructions;
on the procedure for notifying customers about the details of their accounts;
on the procedure for recording and storing documents (their copies) received when opening, maintaining and closing accounts (including in electronic form);
on the cases and procedure for the formation of one legal case on several client accounts;
on the procedure for access to legal cases of clients;
on the procedure for the transfer of legal cases in the divisions of the credit institution;
on the procedure for updating information about clients and persons, information about which must be established when opening an account;
on the procedure for fixing information on the agreement on the involvement of a bank payment agent (bank payment subagent), on the agreement on the implementation of activities for accepting payments from individuals;
on the procedure for recording information about the beneficiary and on the basis of his participation in relations under the agreement of a nominal account, escrow account, pledge account.
Banking rules may include other provisions relating to the opening and closing of accounts, as well as procedures related to the opening and closing of accounts.
11.2. Banking rules cannot contain provisions that contradict the legislation of the Russian Federation.
11.3. In order to organize the work of opening and closing accounts, the divisions of the Bank of Russia are entitled to accept internal documents containing the provisions specified in paragraph 11.1 of this Instruction, in compliance with the requirements established by paragraph 11.2 of this Instruction.
Chapter 12. Final Provisions
12.2. Reissuance of cards accepted by the bank prior to the entry into force of this Instruction is not required. In this case, the documents containing the client's order are signed by the person with the right of the first signature and the person with the right of the second signature (if available in the card).
Banking rules may establish the use of card forms that were used before the entry into force of this Instruction. In this case, the fields "Surname, name, patronymic" and "Sample signature" opposite the field "Second signature" of such cards are not subject to filling.
12.3. Internal documents in force on the date of entry into force of this Instruction must be brought into line with its requirements within three months from the date of entry into force of this Instruction.
12.4. From the date of entry into force of this Instruction, to recognize as invalid:
Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On opening and closing bank accounts, deposits (deposits)", registered by the Ministry of Justice of the Russian Federation on October 18, 2006 N 8388 ("Bulletin of the Bank of Russia" dated October 25, 2006 No. 57);
Instruction of the Bank of Russia dated May 14, 2008 N 2009-U "On Amendments to Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On the Opening and Closing of Bank Accounts, Accounts for Deposits (Deposits)", registered by the Ministry of Justice of the Russian Federation May 30, 2008 N 11786 ("Bulletin of the Bank of Russia" dated June 11, 2008 N 32);
Bank of Russia Ordinance No. 2342-U dated November 25, 2009 "On Amendments to Bank of Russia Instruction No. 28-I dated September 14, 2006 "On Opening and Closing Bank Accounts, Deposit Accounts", registered by the Ministry of Justice of the Russian Federation December 14, 2009 N 15591 ("Bulletin of the Bank of Russia" dated December 23, 2009 N 74);
Ordinance of the Bank of Russia dated August 28, 2012 N 2868-U "On Amendments to Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On the Opening and Closing of Bank Accounts, Accounts for Deposits (Deposits)", registered by the Ministry of Justice of the Russian Federation September 21, 2012 N 25515 ("Bulletin of the Bank of Russia" dated September 26, 2012 N 58).
Chairman of the Central Bank
Russian Federation
E.S.NABIULLINA
Read more:
General provisions
. Account types
. Opening a current account for an individual
. Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation
. Opening accounts for deposits (deposits)
. Opening public deposit accounts of notaries, bailiffs, courts, other bodies or persons who, in accordance with the legislation of the Russian Federation, can accept funds on deposit
. Closing a bank account
. Closing an account on a deposit (deposit), deposit account
. legal case
. banking rules
. Final provisions
. Card with samples of signatures and seal imprint
. The procedure for filling out a card with samples of signatures and seal imprints
CENTRAL BANK OF THE RUSSIAN FEDERATION
INSTRUCTIONS
dated 30.05.14 N 153-I
ON OPENING AND CLOSURE OF BANK ACCOUNTS,
DEPOSIT (DEPOSITS) ACCOUNTS, DEPOSIT ACCOUNTS
On the basis of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 , item 5032; 2004, N 27, item 2711; N 31, item 3233; 2005, N 25, item 2426; N 30, item 3101; 2006, N 19, item 2061; N 25, item 2648; 2007, N 1, item 9, item 10; N 10, item 1151; N 18, item 2117; 2008, N 42, item 4696, item 4699; N 44, item 4982; No. 52, item 6229, item 6231; 2009, N 1, item 25; N 29, item 3629; N 48, item 5731; 2010, N 45, item 5756; 2011, N 7, item 907; N 27, item 3873; N 43, item 5973; N 48, item 6728; 2012, N 50, item 6954; N 53, item 7591, item 7607; 2013, N 11, item 1076; N 14, item 1649; N 19, item 2329; N 27, item 3438, item 3476, item 3477; N 30, item 4084; N 49, item 6336; N 51, item 6695, article 6699; N 52, article 6975; 2014, N 19, article 2311, article 2317), the Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ ) (Vedomosti Congress on native deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3459, art. 3469; 2001, N 26, Art. 2586; No. 33, Art. 3424; 2002, N 12, art. 1093; 2003, N 27, art. 2700; No. 50, Art. 4855; No. 52, art. 5033, Art. 5037; 2004, N 27, art. 2711; N 31, art. 3233; 2005, N 1, art. 18, Art. 45; No. 30, Art. 3117; 2006, N 6, Art. 636; No. 19, art. 2061; N 31, art. 3439; No. 52, art. 5497; 2007, N 1, art. nine; No. 22, Art. 2563; N 31, art. 4011; No. 41, Art. 4845; No. 45, art. 5425; No. 50, Art. 6238; 2008, N 10, art. 895; 2009, N 1, art. 23; No. 9, Art. 1043; No. 18, art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, art. 6428; 2010, N 8, Art. 775; No. 27, art. 3432; No. 30, Art. 4012; N 31, art. 4193; No. 47, Art. 6028; 2011, N 7, art. 905; No. 27, Art. 3873, Art. 3880; No. 29, art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, art. 7069; No. 50, Art. 7351; 2012, N 27, art. 3588; N 31, art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, art. 7607; 2013, N 11, art. 1076; No. 19, art. 2317, art. 2329; No. 26, art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, art. 5036; No. 49, art. 6336; No. 51, art. 6683, art. 6699; 2014, N 6, art. 563; No. 19, art. 2311, Art. 2317) (hereinafter referred to as the Federal Law "On Banks and Banking Activity"), Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, N 31, Art. 3224; 2005, N 47, art. 4828; 2006, N 31, art. 3446, Art. 3452; 2007, N 16, art. 1831; N 31, art. 3993, Art. 4011; No. 49, art. 6036; 2009, N 23, art. 2776; No. 29, art. 3600; 2010, N 28, art. 3553; No. 30, Art. 4007; N 31, art. 4166; 2011, N 27, art. 3873; No. 46, art. 6406; 2012, N 30, Art. 4172; No. 50, Art. 6954; 2013, N 19, art. 2329; No. 26, art. 3207; No. 44, Art. 5641; No. 52, art. 6968; 2014, N 19, art. 2315, Art. 2335) (hereinafter referred to as Federal Law No. 115-FZ), part two of the Civil Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 5, Art. 410) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated May 29, 2014 N 18) The Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions, the Bank of Russia (hereinafter referred to as banks) bank accounts, accounts for deposits (deposits), deposit accounts (hereinafter referred to as accounts) for legal entities, individuals , individual entrepreneurs, individuals engaged in private practice in accordance with the legislation of the Russian Federation, as well as courts, divisions of the bailiff service, law enforcement agencies (hereinafter referred to as clients) in the currency of the Russian Federation and foreign currencies.
This Instruction does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and a referendum, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation, established in accordance with the legislation of the Russian Federation, as well as accounts, opened on other grounds other than a bank account agreement, deposit (deposit), deposit account.
Chapter 1. General Provisions
1.1. Opening of accounts for clients is carried out by banks, provided that the clients have legal capacity (capacity).
In accordance with paragraph 5 of Article 7 of Federal Law N 115-FZ, credit institutions are prohibited from opening bank accounts (deposit accounts) for clients without the personal presence of the individual opening the account (deposit) or the client's representative, except as provided for by Federal Law N 115 -FZ.
Operations on accounts of the corresponding type (account mode) are regulated by the legislation of the Russian Federation and are carried out in accordance with the procedure established by it.
1.2. The basis for opening an account is the conclusion of an account agreement of the appropriate type and the submission prior to opening an account of all documents and information specified by the legislation of the Russian Federation, provided that in order to comply with Federal Law N 115-FZ:
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
identification of the client, his representative, beneficiary;
Reasonable and accessible under the circumstances, measures have been taken to identify beneficial owners, except for the cases provided for by Federal Law No. 115-FZ, when the identification of beneficial owners is not carried out.
A credit institution, on the basis of paragraph 5 of Article 7 of Federal Law N 115-FZ, refuses to conclude a bank account agreement, deposit (deposit), deposit account agreement with a client if the documents necessary to identify the client and the client's representative are not submitted.
In accordance with paragraph two of clause 5.2 of Article 7 of Federal Law N 115-FZ, if there are suspicions that the purpose of opening an account is to carry out operations for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, a credit institution, in accordance with the rules internal control considers the existence of grounds for refusing to conclude an account agreement of the corresponding type.
Several accounts may be opened for the client on the basis of one account agreement of the corresponding type, if this is provided for by the agreement concluded between the bank and the client.
Opening bank accounts, deposit accounts for individual entrepreneurs and legal entities registered in accordance with the legislation of the Russian Federation (with the exception of state authorities and local governments), foreign legal entities for transactions by their separate subdivisions (branches, representative offices) is carried out if information is available on state registration of individuals as individual entrepreneurs, on state registration of legal entities, on accreditation of branches (representative offices) of foreign legal entities, as well as information on the taxpayer identification number, code of the reason for registration with the tax authority, date of registration with the tax authority (hereinafter referred to as information on registration with the tax authority), contained respectively in the unified state register of individual entrepreneurs, the unified state register of legal entities and state m register of accredited branches, representative offices of foreign legal entities.
Credit institutions open bank accounts, deposit accounts for foreign non-profit non-governmental organizations operating in the territory of the Russian Federation through branches, subject to the availability of information on registration with a tax authority contained in the Unified State Register of Legal Entities.
(the paragraph was introduced by Instruction of the Bank of Russia dated November 14, 2016 N 4189-U)
Legal relations related to the opening and closing of accounts by banks for foreign structures without forming a legal entity shall be subject to the provisions established by this Instruction for legal entities established in accordance with the laws of foreign states, taking into account the specifics of the legal status of a foreign structure without forming a legal entity, determined in according to her personal law.
(the paragraph was introduced by Instruction of the Bank of Russia dated November 14, 2016 N 4189-U)
The procedure for documenting the information specified in paragraphs seven and eight of this clause is determined by the credit institution in the banking rules.
(the paragraph was introduced by Instruction of the Bank of Russia dated November 14, 2016 N 4189-U)
1.3. The opening of an account is completed, and the account is open with an entry about the opening of the corresponding personal account in the Book of Registration of Open Accounts.
An entry on the opening of a personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day of conclusion (or entry into force) of the account agreement of the corresponding type. The specified entry may be made in the Book of Registration of Open Accounts simultaneously with the conclusion of an account agreement of the corresponding type.
In case of opening an account for a client under one agreement, which provides for the possibility of opening several accounts on the basis of an additional request from the client to open an account, an entry on the opening of the corresponding personal account must be entered in the Book of Registration of Open Accounts no later than the business day following the day the bank receives the client’s request about opening an account. If the client's request to open an account contains an indication of a specific account opening date, an entry on the opening of the corresponding personal account must be entered in the Open Accounts Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client's request to open accounts. The bank is obliged to have documentary evidence of receipt of the client's request to open an account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.
The reason for closing an account is the termination of the account agreement of the corresponding type in the manner and in the cases provided for by the legislation of the Russian Federation or by agreement of the parties.
Closing of an account is carried out by making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
In the event of closing one of the accounts opened under one agreement concluded between the bank and the client, an entry on the closure of the corresponding personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day the bank receives the client's application to close the account, if the legislation of the Russian Federation does not provide otherwise. If the client's application for closing an account contains an indication of a specific date for closing an account, an entry on the closure of the corresponding personal account must be made in the Book of Registration of Open Accounts no later than the business day following such a date, but not earlier than the day the bank receives the client's application for closing accounts. The bank is obliged to have documentary evidence of receipt of the client's application to close the account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.
The entry into the Book of Registration of Open Accounts of an entry on the closure of a personal account in connection with a change in the number of a personal account due to the requirements of the legislation of the Russian Federation, as well as the regulations of the Bank of Russia (in particular, due to the reorganization of a client or a credit institution servicing him, a change in the procedure accounting, changes in the Chart of Accounts).
Entries in the Book of Registration of Open Accounts shall be made in accordance with the procedure established by the legislation of the Russian Federation and banking rules.
1.4. In order to organize work on opening and closing accounts, a credit institution shall adopt banking rules in accordance with Chapter 11 of this Instruction.
From among its employees, the bank determines the officials responsible for working with clients on opening and closing accounts for clients (hereinafter referred to as bank officials), establishing for them the appropriate official rights and obligations, with which they must be familiarized against signature.
1.5. Bank officials accept the documents required to open an account of the appropriate type, check the proper execution of documents, the completeness of the information provided and their reliability in the cases and in the manner established by this Instruction, on the basis of the documents received, check whether the client has legal capacity (capacity), as well as perform other functions provided for by this Instruction, banking rules and job description. For these purposes, bank officials interact with customers and their representatives, request and receive the necessary information.
Bank officials may be authorized to identify a client, client representative, beneficiary, take reasonable and accessible measures in the circumstances to identify the beneficial owner.
Bank officials may be authorized to draw up, in the manner prescribed by paragraph 7.10 of this Instruction, a card with samples of signatures and seal imprints (hereinafter referred to as the card).
1.6. A credit institution is obliged to update the information obtained when identifying customers, customer representatives, beneficiaries and beneficial owners in the manner prescribed by the legislation of the Russian Federation.
1.7. Before opening an account, the bank must establish whether the person applying for opening an account is acting on his own behalf or on behalf of another person who will be a client.
If the person who applied to open an account is a representative of the client, the bank is obliged to establish the identity of the client's representative, as well as obtain documents confirming that he has the appropriate authority.
The bank must also establish the identity of the person (persons) endowed with the right to sign, as well as the person (persons) authorized (authorized) to dispose of the funds on the account, using an analogue of a handwritten signature, codes, passwords and other means confirming the existence the specified powers (hereinafter referred to as the analogue of a handwritten signature).
1.8. The bank is obliged to have copies of documents proving the identity of the client, as well as persons whose identity must be established when opening an account, or information about their details: series and number of the document, date of issue of the document, name of the authority that issued the document, and unit code (if any) (hereinafter - the details of the identity document).
When making a copy of an identity document, it is allowed to copy individual pages containing the information necessary for the bank.
Information established by the bank prior to opening an account, including information about the client, his representative, beneficiary and beneficial owner, must be documented in accordance with the requirements established by the legislation of the Russian Federation.
1.9. In case of changes in the information to be established when opening an account, customers are required to submit to the bank the necessary documents (copies thereof) confirming the change in this information.
1.10. The Bank is obliged to systematically update information about customers to be identified when opening an account, as well as about persons whose identity must be identified when opening an account, in the manner prescribed by banking rules.
1.11. To open an account, the original documents or their copies, certified in accordance with the procedure established by the legislation of the Russian Federation, are submitted to the bank.
In the cases provided for in banking rules, copies of documents submitted by a client - a legal entity when opening an account, may be certified in the manner prescribed by sub-clause 1.11.1 of this clause. In the cases provided for in the banking rules, a bank official (another person authorized by the bank) may make and certify copies of the documents submitted when opening an account in the manner prescribed by sub-clause 1.11.2 of this clause.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
In cases and in accordance with the procedure established by the bank in the banking rules, copies of documents submitted in order to confirm the change in information and documents submitted to the bank for opening an account may be certified by an analogue of the handwritten signature of the sole executive body of the client - a legal entity or a person authorized by him and submitted to the bank electronically.
1.11.1. Copies of documents certified by a client - a legal entity, are accepted by the bank, provided that the official of the bank (another person authorized by the bank) establishes their compliance with the original documents. A copy of the document, certified by a client - a legal entity, must contain the last name, first name, patronymic (if any), the title of the position of the person who certified the copy of the document, as well as his own signature, the date of certification and the seal (if it is absent - a stamp) of the client.
On the copy of the document received from the client - a legal entity, the bank official or other person authorized by the bank, who is an employee of the bank, puts the mark "verified with the original", indicates his last name, first name, patronymic (if any), position or details of the document certifying identity, and also affixes a handwritten signature, the date of certification and an imprint of a seal or stamp established for these purposes by the bank.
On the copy of the document received from the client - a legal entity, another person authorized by the bank, who is not an employee of the bank, puts the mark "verified with the original", indicates his last name, first name, patronymic (if any), details of the identity document, and also puts down handwritten signature, date of certification and imprint of the seal or stamp established for these purposes by the bank.
1.11.2. An official of the bank (another person authorized by the bank) has the right to certify copies of documents submitted by the client (his representative) for opening an account, both on paper and in electronic form. Copies of documents submitted by the client (his representative) for opening an account can be made by a bank official (another person authorized by the bank) in electronic form and certified by an analogue of his handwritten signature in the manner and cases established by the bank in banking rules.
An official of the bank or another person authorized by the bank, who is an employee of the bank, puts on a copy of the document on paper the mark "correct copy" and indicates his last name, first name, patronymic (if any), position or details of an identity document, and also puts down his own handwritten signature, date of certification and imprint of the seal or stamp established for these purposes by the bank.
Another person authorized by the bank, who is not an employee of the bank, puts a mark "correct copy" on a copy of the document on paper and indicates his last name, first name, patronymic (if any), details of an identity document, and also puts his own signature, date of certification and an imprint of the seal or stamp established for these purposes by the bank.
1.11.3. In the cases provided for in banking rules, in order to open an account for a client - a legal entity, a certified extract from internal documents generated in its activities, or a certified extract from documents directly related to the activities of this client - a legal entity and formed in the activities of legal entities (authorities) in charge of (which is subordinate to) the client - a legal entity.
An extract from internal documents generated in the activities of a client - a legal entity, can be certified in the manner prescribed by the legislation of the Russian Federation, or certified by a client - a legal entity indicating the last name, first name, patronymic (if any), position of the person who certified the extract, as well as with affixing his handwritten signature, date of certification and seal (in its absence - a stamp) of the client - a legal entity.
An extract from documents that are directly related to the activities of a client - a legal entity and formed in the activities of legal entities (authorities) in charge of (which has jurisdiction over) a client - legal entity, can be certified in the manner prescribed by the legislation of the Russian Federation, or certified a legal entity (authority) in charge of (which is subordinate to) the client, indicating the last name, first name, patronymic (if any), position of the person who certified the extract, as well as affixing his own signature, date of certification and seal imprint (if its absence - a stamp) of a legal entity (authority), unless a different procedure for certifying an extract from documents is determined by the relevant legal entity (authority).
1.12. In order to open an account, the client is obliged to submit the documents provided for by this Instruction, as well as other documents in cases where the legislation of the Russian Federation requires the opening of an account by the presence of documents not specified in this Instruction. The Bank has the right not to require the submission of those documents that are in the client's legal file, formed in accordance with Chapter 10 of this Instruction.
The client's representative, persons authorized to manage the funds on the account using an analogue of a handwritten signature, and persons entitled to sign are required to submit an identity document, as well as documents confirming the existence of appropriate powers.
In cases provided for in banking rules, the card may not be presented when opening an account, provided that:
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
the agreement stipulates that operations on the account are carried out on the basis of the order of the client (the beneficiary of the escrow account), and the orders necessary for conducting a banking operation are drawn up and signed by the bank;
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
a current account is opened for an individual to carry out transactions using an electronic means of payment;
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
Neither the depositor of the escrow account nor the beneficiary of the escrow account has the right to dispose of the funds in the escrow account.
In the cases established by this Instruction, instead of a card, an album of specimen signatures of persons authorized to dispose of the funds on the account (hereinafter referred to as the album) may be submitted in the form established by the agreement or customs.
1.13. All documents submitted to open an account must be valid on the date of their submission.
Documents drawn up in full or in any part in a foreign language (with the exception of documents proving the identity of individuals issued by the competent authorities of foreign states, drawn up in several languages, including Russian), are submitted to the bank with a duly certified translation into Russian language.
Documents issued by the competent authorities of foreign states confirming the status of legal entities - non-residents (with the exception of a credit institution established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation) are accepted by the bank provided that they are legalized in the prescribed manner or without them legalization in cases stipulated by international treaties of the Russian Federation.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
The requirement to submit documents to the bank with a duly certified translation into Russian does not apply to documents issued by the competent authorities of foreign states proving the identity of individuals, provided that the individual has a document confirming the right of legal stay (residence) on the territory of the Russian Federation.
In the cases and in accordance with the procedure provided for in the banking rules, an official of the bank (another employee of the bank) who has (has) a degree (qualification) that provides for the possibility of performing the functions of an interpreter in the relevant foreign language (s) is entitled to carry out for use in the bank translation into Russian of documents required for submission to the bank in order to open an account, drawn up in a foreign language. The translation must be signed by the person who made the translation, indicating his position or details of the document proving his identity, last name, first name, patronymic (if any) and his degree (qualification).
1.14. Documents (their copies) collected by the bank for opening an account are placed in a legal file, formed in accordance with the requirements established by Chapter 10 of this Instruction.
Documents (their copies) in electronic form on the issues of opening an account are stored in the manner prescribed by the banking rules, with the requirements of paragraph 10.6 of this Instruction.
Chapter 2. Types of accounts
2.1. Banks open in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; correspondent accounts; correspondent sub-accounts; trust management accounts; special bank accounts; public deposit accounts of notaries, bailiffs, courts, other bodies or persons who, in accordance with the legislation of the Russian Federation, can accept funds on deposit (hereinafter referred to as other bodies or persons); deposit accounts.
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
2.2. Current accounts are opened by individuals for transactions not related to entrepreneurial activity or private practice.
2.3. Settlement accounts are opened for legal entities that are not credit institutions, as well as individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, for performing transactions related to entrepreneurial activity or private practice. Settlement accounts are opened for representative offices of credit institutions, as well as for non-profit organizations to carry out transactions related to the achievement of the goals for which non-profit organizations were created.
2.4. Budget accounts are opened in cases established by the legislation of the Russian Federation for legal entities that carry out transactions with funds from the budgets of the budget system of the Russian Federation.
2.5. Correspondent accounts are opened for credit institutions, as well as other organizations in accordance with the legislation of the Russian Federation or an international agreement. The Bank of Russia opens correspondent accounts in foreign currencies.
2.6. Correspondent sub-accounts are opened for branches of credit institutions.
2.7. Trust management accounts are opened for a trust manager to carry out transactions related to trust management activities.
2.8. Special bank accounts, including special bank accounts of a bank payment agent, a bank payment sub-agent, a payment agent, a supplier, a trading bank account, a clearing bank account, a payment system guarantee fund account, a nominal account, an escrow account, a collateral account, a debtor’s special bank account , are opened to legal entities, individuals, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, in cases and in the manner established by the legislation of the Russian Federation for the implementation of the operations of the corresponding type provided for by it.
2.9. Lost strength. - Instruction of the Bank of Russia dated December 24, 2018 N 5035-U.
2.10. Accounts on deposits (deposits) are opened respectively for individuals and legal entities to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of placed funds.
Chapter 3. Opening a current account for an individual
3.1. To open a current account for an individual - a citizen of the Russian Federation, the following are submitted to the bank:
d) certificate of registration with the tax authority (if any).
In cases where, in order to open an account, a bank has identified a client - an individual in the manner provided for in paragraph 5.8 of Article 7 of Federal Law N 115-FZ, the documents provided for in subparagraphs "a" and "d" of this paragraph are not submitted.
(the paragraph was introduced by Instruction of the Bank of Russia dated December 24, 2018 N 5035-U)
3.2. To open a current account for an individual - a foreign citizen or stateless person, the documents specified in clause 3.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, are submitted, if their presence is provided for by the legislation of the Russian Federation.
Chapter 4. Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the legislation of the Russian Federation
4.1. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, the following must be submitted to the bank:
a) constituent documents of a legal entity. Legal entities operating on the basis of a model charter approved by the Government of the Russian Federation; operating on the basis of model regulations on organizations and institutions of the corresponding types and types, approved by the Government of the Russian Federation, and charters developed on their basis; operating on the basis of a model provision and a charter, submit the said documents. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies submit legislative and other regulatory legal acts adopted in accordance with the procedure established by the legislation of the Russian Federation, decisions on their creation and legal status;
b) licenses (permits) issued to a legal entity, if these licenses (permits) are directly related to the client's legal capacity to conclude an agreement on the basis of which an account is opened;
c) card (except for the cases provided for in paragraph 1.12 of these Instructions);
d) documents confirming the authority of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature;
e) documents confirming the powers of the sole executive body of the legal entity.
(Clause 4.1 as amended by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
4.2. To open a current account for a legal entity established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following must be submitted to the bank:
b) documents confirming the legal status of a legal entity under the laws of the country in whose territory this legal entity is established, in particular, documents confirming its state registration;
(Clause 4.2 as amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
4.2.1. To open a correspondent account for a credit institution established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following must be submitted to the bank:
a) documents provided for in subparagraphs "b" - "e" of paragraph 4.1 of this Instruction;
b) documents confirming the legal status of the credit institution under the legislation of the country in whose territory this credit institution is established, in particular, documents confirming its state registration;
c) a certificate of registration with a tax authority in cases stipulated by the legislation of the Russian Federation.
The Bank has the right to provide in banking rules that when opening a correspondent account for a credit institution established in accordance with the laws of a foreign state - a member of the Financial Action Task Force on Combating Money Laundering (FATF) and located in the territory of such a foreign state, as well as included in the list (register) of operating credit institutions of the relevant foreign state, the documents provided for in subparagraphs "b" and (or) "e" of paragraph 4.1 of this Instruction and (or) subparagraph "b" of this paragraph are not submitted.
To open a correspondent account for a credit institution established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, the bank has the right to accept an album instead of a card. Establishing the identity of the persons indicated in the album, as well as persons authorized to dispose of the funds on the correspondent account, using an analogue of a handwritten signature, is not required, unless otherwise specified by the bank in the banking rules.
In order to open a correspondent account for a central (national) bank of a foreign state, the bank shall submit legislative and (or) other regulatory legal acts on its legal status, an album, as well as a document provided for in subparagraph "c" of this paragraph, adopted in accordance with the procedure established by the legislation of the relevant foreign state, if, in accordance with the legislation of the Russian Federation, it must be received.
(Clause 4.2.1 was introduced by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
4.3. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following are submitted to the bank:
a) the documents specified in paragraph 4.1 of these Instructions;
b) provision on a separate subdivision of a legal entity;
c) documents confirming the powers of the head of a separate subdivision of a legal entity;
d) expired.
4.4. To open a current account for a legal entity established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), as well as a foreign non-profit non-governmental organization operating in the territory of the Russian Federation through the branch, to the bank are presented:
a) documents provided for in subparagraphs "b" - "e" of paragraph 4.1 and subparagraph "b" of paragraph 4.2 of this Instruction;
b) regulation on a separate subdivision of a legal entity or a document defining the status of a branch of a foreign non-profit non-governmental organization;
c) documents confirming the powers of the head of a separate subdivision of a legal entity or a branch of a foreign non-profit non-governmental organization.
(Clause 4.4 as amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
4.5. To open a current account, the embassy, consulate, as well as other diplomatic and equivalent representation of a foreign state, the documents provided for in subparagraphs "c" and "d" of paragraph 4.1 of this Instruction, as well as a certificate of registration with the tax authority are submitted to the bank.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
In order to open a current account, a diplomatic mission and an equivalent representative office of a foreign state must additionally submit documents confirming the status of the representative office.
4.6. To open a settlement account for an international organization, an international agreement, charter or other similar document confirming the status of the organization, as well as the documents provided for in subparagraphs "c" - "e" of paragraph 4.1 of these Instructions, as well as a certificate of registration with the tax authority are submitted to the bank .
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
To open a current account for a separate subdivision of an international organization for transactions by this separate subdivision (branch, representative office) located on the territory of the Russian Federation, the documents specified in subparagraphs "b" and "c" of paragraph 4.3 of these Instructions are additionally submitted to the bank.
4.7. To open a current account for an individual entrepreneur, the following must be submitted to the bank:
a) an identity document of an individual;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account (if such powers are transferred to third parties), and in the case when the agreement provides for the certification of the rights to dispose of the funds on the 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;
d) licenses (patents) issued to an individual entrepreneur in accordance with the procedure established by the legislation of the Russian Federation for the right to carry out activities subject to licensing (regulation by issuing a patent), if these licenses (patents) are directly related to the client’s legal capacity to conclude an agreement on the basis of which a check.
To open a current account, an individual entrepreneur who is a foreign citizen shall additionally submit 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.
(Clause 4.7 as amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
4.8. To open a current account for an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the documents specified in subparagraphs "a" - "c" of clause 4.7 of these Instructions, as well as a certificate of registration with the tax authority, are submitted to the bank.
To open a current account, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who is a foreign citizen, is additionally presented with a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, in case if their presence is provided for by the legislation of the Russian Federation.
In order to open a current account, a notary or a lawyer must 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, or a document certifying the lawyer’s registration in the register of lawyers, and a document confirming the institution lawyer's office, respectively.
(Clause 4.8 as amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
4.9. To open a budget account for a legal entity, along with the documents provided for in subparagraphs "a", "c" - "e" of paragraph 4.1 of this Instruction, in cases established by the legislation of the Russian Federation, a document confirming the legal entity's right to bank services is submitted to the bank.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
4.10. To open a correspondent account for a credit institution established in accordance with the legislation of the Russian Federation, the Bank of Russia shall submit the documents specified in subparagraphs "c" and "d" of paragraph 4.1 of this Instruction.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
In order to open a correspondent account for a credit institution established in accordance with the legislation of the Russian Federation, the credit institution shall submit, along with the documents specified in Clause 4.1 of this Instruction, confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of duties) in accordance with the legislation of the Russian Federation Federation is subject to agreement with the Bank of Russia, when indicating these persons in the card.
4.11. In order to open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, in the cases established by Bank of Russia regulations, along with the documents specified in paragraph 4.3 of these Instructions, a notice is submitted to the credit institution about entering information about the opening of a branch in the State Register of registration of credit institutions and assignment of a serial number to it, as well as confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of duties) in accordance with the legislation of the Russian Federation is subject to approval by the Bank of Russia, when these persons are indicated in the card.
To open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the Bank of Russia shall submit the documents specified in subparagraphs "c" and "d" of clause 4.1 of this Instruction.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
4.12. To open a correspondent account in foreign currency or a special bank account for the Bank of Russia, a card (except for the cases provided for in Clause 1.12 of this Instruction) or an album is submitted to a credit institution.
(Clause 4.12 as amended by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
4.13. In order to open accounts for the trustee for transactions related to activities related to trust management (trust management accounts), the following shall be submitted to the bank:
a) the documents specified in this Instruction for opening an account for the relevant client;
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
b) an agreement on the basis of which trust management is carried out.
4.14. To open a special bank account, the same documents are submitted to the bank as for opening a current account, correspondent account or current account, subject to the requirements of the legislation of the Russian Federation.
When opening a special bank account for a bank paying agent, a bank paying subagent, a paying agent, a supplier, a credit institution must have information, respectively, on the agreement on engaging a bank paying agent (bank payment subagent), on the agreement on carrying out activities for accepting payments from individuals.
When opening a nominal account, escrow account, the bank must have information about the beneficiary and the basis for his participation in relations under the nominal account agreement, escrow account. The bank must have information about the pledgee in the pledge account.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
The procedure for fixing the specified information is determined by the bank independently in the banking rules.
In order to open a debtor’s account in the cases provided for by the legislation of the Russian Federation on insolvency (bankruptcy), as well as to use the debtor’s account, the bankruptcy trustee submits an identity document, a copy of the judicial act approving the bankruptcy trustee in an insolvency (bankruptcy) case, a card (for except for the cases provided for in clause 1.12 of this Instruction).
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
To open an account of a citizen or an individual entrepreneur declared insolvent (bankrupt), as well as to dispose of the funds placed on the accounts and deposits of these persons, the financial manager shall submit an identity document, a copy of the judicial act approving the financial manager to participate in the implementation procedure property of a citizen, a card (except for the cases provided for in clause 1.12 of this Instruction).
(the paragraph was introduced by Instruction of the Bank of Russia dated November 14, 2016 N 4189-U)
4.15. The State Corporation "Deposit Insurance Agency" (hereinafter referred to as the Agency), in order to open, in cases provided for by the legislation of the Russian Federation, an account of an insurance company declared bankrupt in foreign currency, submits to a credit institution:
a) a copy of the decision of the arbitration court on declaring the insurance company bankrupt and on opening bankruptcy proceedings;
b) a copy of the order of the Agency on the appointment of a representative (representatives) of the Agency to exercise the powers of the bankruptcy trustee of the insurance company;
c) the documents provided for in subparagraphs "c" and "d" of paragraph 4.1 of this Instruction.
(Clause 4.15 was introduced by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
Chapter 5. Opening accounts for deposits (deposits)
5.1. To open an account for a natural person - a citizen of the Russian Federation on a deposit in a bank, the following is submitted:
a) an identity document of an individual;
b) certificate of registration with the tax authority (if any).
If the bank deposit agreement provides for the possibility of transferring funds from the deposit account, 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.
In cases where, in order to open a deposit account, a bank has identified a client - an individual in the manner prescribed by paragraph 5.8 of Article 7 of Federal Law N 115-FZ, the documents provided for in subparagraphs "a" and "b" of this paragraph are not submitted.
(the paragraph was introduced by Instruction of the Bank of Russia dated December 24, 2018 N 5035-U)
5.2. To open a deposit account for an individual - a foreign citizen or stateless person, the documents specified in clause 5.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation , if their presence 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 paragraph 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. To open a legal entity established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, a deposit account is submitted to the bank with documents confirming the legal status of this legal entity under the legislation of the country in which the legal entity was created, in particular , documents confirming its state registration, and in cases provided for by the legislation of the Russian Federation, also a certificate of registration with a tax authority.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
5.5. To open a deposit account for an individual entrepreneur, 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)
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)
Chapter 6
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
6.1. To open a public deposit account of the court, the following are submitted to the bank:
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
a) a document defining the legal status of the judicial authority for which the account is opened;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
6.2. To open a public deposit account of the bailiff service, the following are submitted to the bank:
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
a) a document on the legal status of the bailiff service unit for which the account is opened;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.
6.3. To open a public deposit account of another body or person, the following shall be submitted to the bank:
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
a) a document on the legal status of the body for which the account is opened, or an identity document of the person for whom the account is opened, and a document confirming his status as a person who, in accordance with the law, can accept funds on deposit;
(clause "a" as amended by Instructions of the Bank of Russia dated December 24, 2018 N 5035-U)
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.
6.4. To open a public deposit account of a notary, the following must be submitted to the bank:
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
a) an identity document of an individual;
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
c) a document confirming the empowerment of a notary public (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.
Chapter 7. Signature and Seal Sample Card
7.1. The card is submitted by the client to the bank in the cases provided for by this Instruction, together with other documents necessary for opening an account.
The card is issued in accordance with Form N 0401026 according to OKUD (All-Russian classifier of management documentation OK 011-93), given in Appendix 1 to this Instruction.
In the cases provided for in the banking rules, the card can be issued in the form established by the banking rules and without fail containing information to be included in the fields "Client (account holder)", "Bank mark", "Abbreviated name of the client (account holder) ", "Surname, name, patronymic", "Sample signature", "Date of completion", "Signature of the client", "Sample print of the seal", "Place for the certification inscription on the certification of the authenticity of signatures" of the card, drawn up in accordance with paragraph two of this item. The card, the form of which is established by the banking rules, may contain other information provided for by the banking rules.
In the case of using a card, the form of which is established by banking rules, the information to be included in the fields "Location (place of residence)", "tel. N", "N account", "Term of authority", "Cheques issued" of the card issued in accordance with the second paragraph of this clause, is included in the card, or the procedure for fixing, storing, updating such information, providing access to it when servicing the client's account, is determined in the banking rules.
(Clause 7.1 as amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
7.2. The card is filled in using a typewriter or an electronic computer in black font or a pen with black, blue or purple paste (ink). The use of a facsimile signature to fill in the fields of the card is not allowed.
7.3. The bank makes the number of copies of the card necessary for use in the work. The use of copies of the card obtained on a copying technique is allowed provided that the copying is made without distortion.
Copies of the card made on paper must be certified by the signature of the chief accountant of the bank (his deputy) or a bank employee authorized by the bank's administrative act to draw up the card in accordance with paragraph 7.10 of this Instruction (hereinafter referred to as the authorized person).
Instead of copies, it is possible to use several copies of the cards provided by the client.
When servicing several client accounts by the bank and subject to the coincidence of the list of persons entitled to sign, the bank has the right not to require the issuance of a card for each account in the cases and in the manner provided for in the banking rules.
In the cases and in the manner provided for in the banking rules, the bank may use a copy of the card obtained using scanning devices, certified by an analogue of the handwritten signature of the bank's chief accountant (his deputy) or an authorized person. At the same time, it should be possible to reproduce without distortion a copy of a card obtained using scanning devices on paper.
7.4. Forms of cards are made by clients, bank independently.
An arbitrary number of lines is allowed in the fields "Client (Account Owner)", "Cash checks issued", "Other notes", "Last name, first name, patronymic" and "Sample signature", taking into account the number of persons entitled to sign, as well as in the field "N account" in the case provided for in clause 7.3 of this Instruction.
When making a card, an interlinear indication of the translation of the fields of the card in the languages of the peoples of the Russian Federation, as well as in foreign languages, is allowed.
The field "Sample seal impression" should provide for the possibility of putting a seal impression without going beyond the boundaries of this field.
7.5. The card shall indicate the person (persons) endowed with the right to sign.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
The right to sign belongs to the client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The right to sign may belong to natural persons on the basis of an appropriate power of attorney issued in the cases and in the manner established by the legislation of the Russian Federation, by an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The paragraph is invalid. - Instruction of the Bank of Russia dated November 14, 2016 N 4189-U.
The right to sign belongs to the sole executive body of the client - legal entity (sole executive body), as well as other employees (employees) vested with the right to sign by the client - legal entity, including on the basis of an administrative act, a power of attorney.
The right to sign may belong only to employees (employees) of the client - a legal entity, except for the cases established by paragraphs nine - eleven of this clause.
The head of a separate subdivision of a client - a legal entity, if he has the appropriate authority, has the right, by his administrative act or on the basis of a power of attorney, to give the right to sign the employees (employees) of this separate subdivision.
In accordance with Article 11.1 of the Federal Law "On Banks and Banking Activity", the disposal of funds held on the accounts of a credit institution opened with the Bank of Russia may be assigned only to persons agreed in accordance with the procedure established by parts six through eight of the said article.
The right to sign may be transferred to a clearing organization, a payment system operator, a central payment clearing counterparty, a managing or managing organization, a bankruptcy trustee, and persons providing accounting services.
If the managing organization that performs the functions of the sole executive body grants its employees (employees) or employees (employees) of the client - legal entity the right to sign on behalf of the client - legal entity, such a right may be granted on the basis of an administrative act of the managing organization or a power of attorney.
The sole executive body of the managing organization may act as a person entitled to sign.
The card submitted by the client - legal entity shall contain at least two handwritten signatures required for signing documents containing the client's order, unless a different number of signatures is determined by agreement between the bank and the client - legal entity.
Possible combinations of handwritten signatures of persons entitled to sign, necessary for signing documents containing the client's order, are determined by an agreement between the bank and the client.
7.6. The sole executive body of a client - a legal entity, an individual entrepreneur, may not be indicated in the card as persons entitled to sign, provided that other persons are granted the right to sign.
7.7. To issue a card, only documents confirming the status of the persons indicated in the card are submitted to the embassy or consulate. If an international agreement ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an official of an embassy or consulate to authenticate the signatures of employees of the relevant embassy or consulate, then the bank accepts a card in which the authenticity of the signatures of these employees is certified by the specified official.
7.8. The sample imprint of the seal affixed by the client to the card must correspond to the seal that the client has.
The provisional administration for the management of a credit organization shall have the right to affix an imprint of a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the provisional administration for the management of a credit organization.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
The bankruptcy commissioner (liquidator), the external administrator shall have the right to affix an imprint of the seal used by him in the implementation of bankruptcy proceedings (liquidation), external administration.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
7.9. The authenticity of handwritten signatures of persons entitled to sign may be certified by a notary. The Bank accepts a card in which the authenticity of the signatures of all persons entitled to sign is certified by one notary.
7.10. The card can be issued without notarization of the authenticity of signatures in the presence of an authorized person in the following order.
7.10.1. The authorized person establishes the identity of the persons indicated in the card on the basis of the submitted identity documents.
7.10.2. The authorized person establishes the powers of the persons indicated in the card on the basis of studying the constituent documents of the client, as well as documents on vesting the person with the appropriate powers.
7.10.3. The persons indicated in the card, in the presence of an authorized person, put their own signatures in the corresponding field of the card. Blank lines are filled with dashes.
7.10.4. The authorized person, in confirmation of the signatures of the persons indicated in the card in his presence, fills in the field "Place for the certification inscription on the certification of the authenticity of signatures" of the card in the bank's premises in the manner prescribed by paragraph 2.9 of Appendix 2 to this Instruction.
7.11. The card is valid until the termination of the bank account agreement, deposit (deposit) account, public deposit account, or until it is replaced by a new card.
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
In the event of replacement or addition of at least one signature and (or) replacement (loss) or termination of the use of the seal, the imprint of which is affixed to the card, changes in the surname, name, patronymic of the person indicated in the card, in cases of changing the name, legal form of the client - a legal entity or in case of early termination (suspension) of the powers of the client's management bodies in accordance with the legislation of the Russian Federation, the client presents a new card.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
The presentation of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the authority of the persons indicated in the card to dispose of the funds on the account, as well as documents proving the identity of the person (persons) vested with the right to sign. The Bank is not entitled to accept a new card without presenting the said documents, except for the cases when the said documents were submitted to the Bank earlier and the Bank already has them.
7.12. The Bank is entitled to make changes in the fields "Location (place of residence)", "tel. N" of the card upon a written application of the client.
The Bank has the right to independently make changes to the fields "Bank", "Mark of the bank", "Account number", "Term of authority", "Cash checks issued" of the card.
Cases when it is allowed to make changes to the fields "Location (place of residence)", "tel. N", "Bank", "Bank mark", "Account N", "Term of authority", "Cash checks issued" of the card are determined bank in banking rules.
The Bank has the right to make corrections in the fields of the card, drawn up in the manner prescribed by clause 7.10 of this Instruction, when filling in which errors were made.
The procedure for making changes and corrections to the fields of the card is determined by the bank independently in the banking rules. When making changes and corrections, strikethrough of the text is carried out with a thin line so that you can read the strikethrough.
7.13. If the right to sign is granted temporarily to persons not specified in the card, as well as in the case of temporary use of an additional seal, the card shall be accompanied by temporary cards drawn up in the manner prescribed by this Instruction. In this case, in the upper right corner on the front side of the card, the mark "Temporary" is put down.
7.14. The front and back sides of the card are filled in in the manner prescribed by Appendix 2 to this Instruction.
7.15. Under an escrow account, the right to sign can be transferred to the beneficiary of the escrow account on the basis of an escrow account agreement, another agreement under which the bank is the escrow agent. In this case, a card is presented to the bank, for the purpose of issuing which the beneficiary of the escrow account is considered as a client of the bank.
Chapter 8. Closing a bank account
8.1. The basis for closing a bank account is the termination of the bank account agreement, including in the case established by paragraph three of clause 5.2 of Article 7 of Federal Law N 115-FZ.
8.2. After the termination of the bank account agreement, credit and debit operations on the client's account are not carried out, with the exception of the operations provided for in clause 8.3 of this Instruction. The funds received by the client after the termination of the bank account agreement are returned to the sender.
8.3. After the termination of the bank account agreement, before the expiration of seven days after receiving the relevant written application from the client, the bank issues the balance of funds from the bank account to the client in cash or transfers funds by payment order.
In the event that the client fails to appear to receive the balance of funds in the bank account within sixty days from the date of sending, in accordance with paragraph one of clause 3 of Article 859 of the Civil Code of the Russian Federation, by the bank to the client a notice of termination of the bank account agreement or the bank fails to receive, within the specified period, the client's instructions about When transferring the amount of the balance of funds to another account, the bank is obliged, in accordance with paragraph one of clause 6 of Article 859 of the Civil Code of the Russian Federation, to credit funds to a special account with the Bank of Russia opened in accordance with Directive of the Bank of Russia dated July 15, 2013 N 3026-U " On a special account with the Bank of Russia", registered by the Ministry of Justice of the Russian Federation on August 16, 2013 N 29423 ("Bulletin of the Bank of Russia" dated August 28, 2013 N 47).
(As amended by Bank of Russia Directive No. 5035-U dated December 24, 2018) Federation on August 16, 2013 N 29423 ("Bulletin of the Bank of Russia" dated August 28, 2013 N 47).
8.4. In connection with the termination of the bank account agreement, the client is obliged to hand over to the bank unused cash checkbooks with the remaining unused cash checks and stubs in the manner prescribed by the legislation of the Russian Federation.
8.5. In the absence of funds in the bank account, an entry on the closure of the relevant personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the bank account agreement is terminated, unless otherwise provided by the legislation of the Russian Federation.
The presence of restrictions on the disposal of funds in a bank account, provided for by the legislation of the Russian Federation, in the absence of funds in the bank account, does not prevent making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
If there are funds on the bank account on the day of termination of the bank account agreement, an entry on the closure of the corresponding personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the funds are debited from the bank account.
In case of termination of the bank account agreement in the presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds in the bank account and in the presence of funds in the account, an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts is made after the cancellation of these restrictions no later than the working day following day of debiting funds from the bank account.
The presence of unfulfilled orders for the transfer of funds does not prevent the termination of the bank account agreement and the entry of an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
8.6. In order to close the debtor's bank account in the course of bankruptcy proceedings, in the course of the sale of the property of a citizen, including an individual entrepreneur, declared insolvent (bankrupt), the bankruptcy trustee (financial manager) shall submit an identity document, a copy of the judicial act approving the bankruptcy trustee in the case of insolvency (bankruptcy) (on the approval of a financial manager to participate in the procedure for the sale of a citizen's property), a written application for closing a bank account indicating the details of the bank account to which the balance of funds in the account is to be transferred, details of the recipient's bank. If the order to transfer the balance of funds on the bank account is drawn up and signed by the bank, the card is not submitted to the bank.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
8.7. When terminating the nominal account agreement, the bank transfers the balance of funds by payment order to another nominal account of the client - account holder or issues it to the beneficiary in cash, or (unless otherwise provided by law or the nominal account agreement or follows from the essence of the relationship) transfers the payment order by indicating the beneficiary to another account.
Unless otherwise provided by the agreement of the client-depositor and the beneficiary, upon termination of the escrow account agreement, the bank issues the balance of funds on the account to the client-depositor in cash or transfers funds to the client-depositor by a payment order or, if there are grounds for transferring funds to the beneficiary, it issues to the beneficiary in cash or transfers funds to the beneficiary by payment order.
Chapter 9. Closing of a deposit (deposit), deposit account
9.1. The basis for closing a deposit (deposit) account is the termination of the deposit (deposit) agreement, including in the case established by paragraph three of clause 5.2 of Article 7 of Federal Law N 115-FZ.
An entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts is made by the bank on the day of the appearance of a zero balance on the deposit (deposit) account, unless otherwise provided by the deposit (deposit) agreement.
9.2. Closing of public deposit accounts of notaries, bailiffs, courts, other bodies or persons is carried out in accordance with this Chapter, unless otherwise provided by the Civil Code of the Russian Federation.
(Clause 9.2 as amended by Bank of Russia Directive No. 5035-U dated December 24, 2018)
Chapter 10
10.1. A legal case is formed by the bank for each client account.
One legal case can be formed on several client accounts. The cases and procedure for the formation of one legal case on several customer accounts are determined by the bank in the banking rules.
The client's legal case is assigned a serial number in accordance with banking rules.
If the person who applied to the bank to open an account is a representative of several clients, the bank has the right to place copies of documents (or information about their details) proving the identity of the representative, as well as documents confirming that he has the appropriate authority, in the legal file of one of clients in whose interests the representative acts. At the same time, the legal files of other clients must contain information indicating the legal file in which the specified documents of the representative of these clients are placed. The cases and procedure for the formation of legal cases of clients, on behalf of which one representative acts, are determined by the bank in the banking rules.
10.2. In a legal case are placed:
documents and information submitted by the client (his representative) when opening an account, as well as documents submitted in case of changes in the specified information;
contract (contracts) of a bank account, deposit (deposit), deposit account, amendments and additions to the said contract (s), other contracts defining the relationship between the bank and the client on opening, maintaining and closing an account;
documents relating to the bank's sending messages to the tax authority on the opening (closing) of an account;
correspondence between the bank and the client on opening, maintaining and closing an account;
expired cards;
other documents relating to the relationship between the client and the bank on opening, maintaining and closing an account.
The cards presented and used in customer service shall be stored in a place determined by the bank independently.
10.3. When seizing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (decree) of the state body, documents received by the bank during the seizure (seizure) of the document (its copy) are placed in the legal file.
When compiling one document, when seizing (seizure) documents from several legal cases, the document (its copy) received by the bank when seizing (seizure) documents is placed in one of the legal files, copies of the specified document certified by the bank are placed in other legal cases.
When seizing (withdrawing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures in the circumstances to place in the legal file a copy of the document being withdrawn, certified in the manner prescribed by clause 1.11 of these Instructions.
10.4. The Bank is obliged to exclude unauthorized access to the legal files of clients during their storage.
10.5. In case of termination of servicing a client in one division of the bank and transferring him for servicing to another division of the bank, the legal case may be transferred from one division of the bank to another in the manner prescribed by banking rules.
10.6. Legal cases are kept by the bank during the entire period of validity of the bank account agreement, deposit (deposit), deposit account, and after the termination of relations with the client - for the period established by the legislation of the Russian Federation.
The terms for storing documents (their copies) in electronic form relating to the relationship between the bank and the client on opening, maintaining and closing an account must be no less than the terms for storing the relevant legal file of the client.
Chapter 11. Banking rules
11.1. Banking rules are an internal document of a credit institution and include the following provisions:
on the distribution of competence in the field of opening and closing accounts among the structural subdivisions of the credit institution, including the procedure for maintaining and storing the Book of Registration of Open Accounts;
on the procedure for opening and closing accounts, taking into account the requirements established by this Instruction, as well as on organizing work to comply with the requirement for the personal presence of a person opening a bank account (deposit account) or his representative when opening a bank account (deposit account) for an individual ;
on the procedure for the preparation by the credit institution of documents used in opening and closing accounts, as well as the procedure for the preparation and certification by the credit institution of copies of documents submitted by the client;
on the rules of document flow from the moment of receipt of documents from the client (his representative) until the moment the account number is communicated to the client;
on the organization of work on the preparation and sending of notifications to the tax authority on opening or closing an account, on changing the details of an account;
on the procedures for accepting documents for opening accounts, including the procedure for documenting information on the state registration of individual entrepreneurs, legal entities registered in accordance with the legislation of the Russian Federation (with the exception of state authorities and local governments), on accreditation of branches (representative offices) of foreign legal entities, as well as documenting information about the registration with the tax authority of these persons and foreign non-profit non-governmental organizations operating in the territory of the Russian Federation through branches;
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
on the form and procedure for issuing a card;
on the procedure for obtaining and issuing a sample signature of a client - an individual in the case provided for in paragraph six of clause 1.12 of these Instructions;
on the procedure for notifying customers about the details of their accounts;
on the procedure for recording and storing documents (their copies) received when opening, maintaining and closing accounts (including in electronic form);
on the cases and procedure for the formation of one legal case on several client accounts;
on the procedure for access to legal cases of clients;
on the procedure for the transfer of legal cases in the divisions of the credit institution;
on the procedure for updating information about clients and persons, information about which must be established when opening an account;
on the procedure for fixing information on the agreement on the involvement of a bank payment agent (bank payment subagent), on the agreement on the implementation of activities for accepting payments from individuals;
on the procedure for recording information about the beneficiary and on the grounds for his participation in relations under the nominal account agreement, escrow account, about the pledge holder on the pledge account.
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
Banking rules may include other provisions relating to the opening and closing of accounts, as well as procedures related to the opening and closing of accounts.
11.2. Banking rules cannot contain provisions that contradict the legislation of the Russian Federation.
11.3. In order to organize the work of opening and closing accounts, the divisions of the Bank of Russia are entitled to accept internal documents containing the provisions specified in paragraph 11.1 of this Instruction, in compliance with the requirements established by paragraph 11.2 of this Instruction.
Chapter 12. Final Provisions
12.2. Reissuance of cards accepted by the bank prior to the entry into force of this Instruction is not required. In this case, the documents containing the client's order are signed by the person with the right of the first signature and the person with the right of the second signature (if available in the card).
Banking rules may establish the use of card forms that were used before the entry into force of this Instruction. In this case, the fields "Surname, name, patronymic" and "Sample signature" opposite the field "Second signature" of such cards are not subject to filling.
12.3. Internal documents in force on the date of entry into force of this Instruction must be brought into line with its requirements within three months from the date of entry into force of this Instruction.
12.4. From the date of entry into force of this Instruction, to recognize as invalid:
Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On opening and closing bank accounts, deposits (deposits)", registered by the Ministry of Justice of the Russian Federation on October 18, 2006 N 8388 ("Bulletin of the Bank of Russia" dated October 25, 2006 No. 57);
Instruction of the Bank of Russia dated May 14, 2008 N 2009-U "On Amendments to Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On the Opening and Closing of Bank Accounts, Accounts for Deposits (Deposits)", registered by the Ministry of Justice of the Russian Federation May 30, 2008 N 11786 ("Bulletin of the Bank of Russia" dated June 11, 2008 N 32);
Bank of Russia Ordinance No. 2342-U dated November 25, 2009 "On Amendments to Bank of Russia Instruction No. 28-I dated September 14, 2006 "On Opening and Closing Bank Accounts, Deposit Accounts", registered by the Ministry of Justice of the Russian Federation December 14, 2009 N 15591 ("Bulletin of the Bank of Russia" dated December 23, 2009 N 74);
Ordinance of the Bank of Russia dated August 28, 2012 N 2868-U "On Amendments to Instruction of the Bank of Russia dated September 14, 2006 N 28-I "On the Opening and Closing of Bank Accounts, Accounts for Deposits (Deposits)", registered by the Ministry of Justice of the Russian Federation September 21, 2012 N 25515 ("Bulletin of the Bank of Russia" dated September 26, 2012 N 58).
Chairman of the Central Bank
Russian Federation
E.S.NABIULLINA
Attachment 1
to the Instruction of the Bank of Russia
dated May 30, 2014 N 153-I
accounts, deposit accounts
Annex 2
to the Instruction of the Bank of Russia
dated May 30, 2014 N 153-I
"On the opening and closing of banking
accounts, deposit accounts
(deposits), deposit accounts"
ORDER
COMPLETING THE CARD WITH SAMPLES OF SIGNATURES AND THE STAMP IMPRESSION
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
1. The fields on the front side of the card are filled in in the following order:
1.1. In the field "Client (account holder)":
the client - a legal entity indicates the full name in accordance with its constituent documents. In the case of opening an account for a legal entity for transactions by its branch, representative office, the full name of the legal entity in accordance with its constituent documents and after a comma - the full name of the separate subdivision in accordance with the regulation on the separate subdivision approved by the legal entity;
a client - an individual indicates in full his surname, first name, patronymic (if any), date of birth;
the client - an individual entrepreneur indicates in full his last name, first name, patronymic (if any), date of birth, and also makes an entry "individual entrepreneur";
client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates in full his last name, first name, patronymic (if any), date of birth, as well as type of activity (for example, a lawyer, notary, arbitration manager).
1.2. In the field "Location (place of residence)":
a client - a legal entity indicates the address at which communication is carried out with the person exercising the functions of the sole executive body of the legal entity. Client - an individual, an individual entrepreneur indicates the address of the place of residence (registration) or place of stay;
(As amended by Bank of Russia Directive No. 4189-U dated November 14, 2016)
a client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates the address of his direct activity or the address of the place of residence (registration) or place of stay.
1.3. In the "tel. N" field, the client specifies the phone number. Multiple customer phone numbers are allowed.
1.4. The "Bank" field shall contain the full company name or abbreviated company name of the credit institution or the name of the Bank of Russia division in which the account is opened.
1.5. In the "Bank's mark" field, after assigning the corresponding number to the account by the chief accountant or his deputy or another person who has the right to make an entry about the opening of an account for the client in the Book of registration of open accounts provided by the bank's order document, a handwritten signature and the date from which the card is used are affixed.
1.6. In the "Other notes" field, the bank may indicate information on the provision of temporary cards, on the period of time during which they are valid, on cases of their replacement, the procedure and frequency of issuing account statements, as well as other information required by the bank.
2. The fields on the reverse side of the card are filled in in the following order.
2.1. In the field "Abbreviated name of the client (account holder)":
a client - a legal entity indicates its abbreviated name in accordance with its constituent documents or the abbreviated name of a branch, representative office of a legal entity in accordance with the regulation on the branch, representative office approved by the legal entity. In the absence of an abbreviated name, the full name of the client - legal entity (branch, representative office) is indicated;
client - an individual indicates in full his last name, first name, patronymic (if any);
the client - an individual entrepreneur indicates in full his last name, first name, patronymic (if any), and also makes an entry "individual entrepreneur";
client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates in full his last name, first name, patronymic (if any), and also indicates the type of activity (for example, a lawyer, a notary).
Filling in the field "Abbreviated name of the client (account holder)" is also allowed in Latin letters without line-by-line translation into Russian.
In the "Abbreviated name of the client (account holder)" field, it is allowed to indicate the abbreviated name of the client provided for by the agreement between the bank and the client.
2.2. In the "N account" field, after making an entry about the opening of an account for a client in the Book of registration of open accounts, the chief accountant, his deputy or another person who has been granted the right to make an entry about opening an account for a client in the Book of registration of open accounts, puts down the assigned account number.
2.3. In the field "Last name, first name, patronymic" the full surname, first name, patronymic (if any) of the persons entitled to sign are indicated.
2.4. In the "Signature Sample" field, a handwritten signature opposite their last name, first name or patronymic (if any) is affixed by persons entitled to sign.
2.5. The "Term of authority" field is intended to control the term of office of persons entitled to sign, established on the basis of the constituent documents, the client's administrative act or the power of attorney issued by him. The cases and procedure for filling in the field "Term of authority" by the bank are determined by the bank in the banking rules.
2.6. In the "Date of filling" field, the client indicates the day, month and year of issuing the card.
2.7. In the "Signature of the client (account holder)" field, the following is entered:
handwritten signature of the sole executive body of the client - a legal entity or a person performing its duties, which, in accordance with the law and constituent documents, carries out representation without a power of attorney;
handwritten signature of the manager (the sole executive body of the managing organization) if the powers of the sole executive body of the client are transferred in the manner prescribed by the legislation of the Russian Federation to the manager (managing organization);
handwritten signature of a person who is a representative of the client, acting on the basis of a power of attorney to open an account. At the same time, this field indicates the number (if any) and the date of the corresponding power of attorney;
handwritten signature of a client - an individual, a client - an individual entrepreneur or a client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
2.8. In the "Sample Seal Impression" field, clients - legal entities, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, have the right to put a sample of the seal imprint that they will use.
The imprint of the seal affixed to the card must be legible.
If a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, does not have a seal, or if they decide not to put a seal impression on the sample card, the field "Sample seal impression" is not filled in, or it may indicate, that the seal is missing or not being used.
Clients - individuals do not fill in the field "Sample seal impression".
(Clause 2.8 as amended by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
2.9. In the field "Place for the certification inscription on the evidence of the authenticity of signatures" the certification inscription is made by a notary in accordance with the requirements established by the legislation of the Russian Federation. The authorized person fully indicates his position, surname and initials, surname and initials of the person (persons), whose signatures are made in his presence, indicates the date and affixes his own signature with the seal (stamp) of the bank, determined for these purposes by the administrative act of the bank.
2.10. In the field "Cash checks issued" the bank indicates the date of issue and numbers of cash checks issued by a credit institution (branch) or a division of the Bank of Russia to customers. The field "Cash checks issued" can be made in the form of a separate sheet (sheets) attached to the card.
It does not work Edition from 14.09.2006
Document name | INSTRUCTION of the Central Bank of the Russian Federation of September 14, 2006 N 28-I "ON OPENING AND CLOSURE OF BANK ACCOUNTS, ACCOUNT ON DEPOSIT (DEPOSITS)" |
Type of document | instruction, order |
Host body | TSB RF |
Document Number | 28-I |
Acceptance date | 25.11.2006 |
Revision date | 14.09.2006 |
Registration number in the Ministry of Justice | 8388 |
Date of registration in the Ministry of Justice | 18.10.2006 |
Status | It does not work |
Publication |
|
Navigator | Notes |
INSTRUCTION of the Central Bank of the Russian Federation of September 14, 2006 N 28-I "ON OPENING AND CLOSURE OF BANK ACCOUNTS, ACCOUNT ON DEPOSIT (DEPOSITS)"
2.1. Banks open in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; correspondent accounts; correspondent sub-accounts; trust management accounts; special bank accounts; deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries; deposit accounts.
2.2. Current accounts are opened for individuals to carry out settlement transactions that are not related to entrepreneurial activity or private practice.
2.3. Settlement accounts are opened for legal entities that are not credit institutions, as well as individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, for making settlements related to entrepreneurial activity or private practice.
2.4. Budget accounts are opened in the cases established by the legislation of the Russian Federation for persons carrying out operations with funds from the budgets of all levels of the budgetary system of the Russian Federation and state non-budgetary funds of the Russian Federation.
2.5. Correspondent accounts are opened for credit institutions. The Bank of Russia opens correspondent accounts in foreign currencies.
2.6. Correspondent sub-accounts are opened for branches of credit institutions.
2.7. Trust management accounts are opened for a trust manager to make settlements related to trust management activities.
2.8. Special bank accounts are opened for legal entities and individuals in the cases and in the manner established by the legislation of the Russian Federation for the implementation of the operations of the corresponding type provided for by it.
2.9. Deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries are opened respectively for courts, divisions of the bailiff service, law enforcement agencies, notaries for crediting funds received for temporary disposal, when they carry out activities established by the legislation of the Russian Federation and in accordance with the legislation of the Russian Federation cases.
2.10. Deposit accounts (deposits) are opened for individuals and legal entities to record funds placed with credit institutions (branches) in order to receive income in the form of interest accrued on the amount of placed funds.
Chapter 3. Opening a current account for an individual3.1. To open a current account for an individual, the following must be submitted to the bank:
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
d) certificate of registration with the tax authority (if any).
3.2. An individual - a non-resident (with the exception of citizens of the Russian Federation), in addition to the documents specified in paragraph 3.1 of this Instruction, submits a migration card, a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation.
Chapter 4. Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the legislation of the Russian Federation4.1. To open a current account for a resident legal entity, the following documents are submitted to the bank:
b) constituent documents of a legal entity.
Legal entities operating on the basis of a model charter approved by the Government of the Russian Federation; operating on the basis of model regulations on organizations and institutions of the corresponding types and types, approved by the Government of the Russian Federation, and charters developed on their basis; operating on the basis of a model provision and a charter, submit the said documents.
State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies submit legislative and other regulatory legal acts adopted in accordance with the procedure established by the legislation of the Russian Federation, decisions on their creation and legal status.
Diplomatic and equivalent representations of foreign states (with the exception of embassies and consulates) submit documents confirming the status of the representation.
International organizations submit an international treaty, charter or other similar document confirming the status of the organization;
c) licenses (permits) issued to a legal entity in accordance with the procedure established by the legislation of the Russian Federation for the right to carry out activities subject to licensing, if these licenses (permits) are directly related to the client's legal capacity to conclude a bank account agreement of the appropriate type;
d) card;
e) documents confirming the authority of the persons indicated in the card to dispose of the funds in the bank account, and in the case when the agreement provides for the certification of the rights to dispose of the funds in the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature;
f) documents confirming the powers of the sole executive body of the legal entity;
g) certificate of registration with the tax authority.
4.2. To open a current account for a non-resident legal entity, including a correspondent account for a non-resident credit institution, the bank shall submit:
a) the documents provided for in subparagraphs "c", "e", "f" and "g" of paragraph 4.1 of this Instruction;
b) documents confirming the legal status of a legal entity - non-resident under the legislation of the country in whose territory this legal entity is established, in particular documents confirming the state registration of a legal entity - non-resident;
c) card.
To open a correspondent account for a non-resident, the bank has the right to accept instead of a card an album of specimen signatures of persons authorized to manage the correspondent account.
4.3. To open a current account, a separate subdivision of a resident legal entity (branch, representative office) must submit to the bank:
a) the documents specified in paragraph 4.1 of these Instructions;
b) provision on a separate subdivision of a legal entity;
c) documents confirming the powers of the head of a separate subdivision of a legal entity;
d) a document confirming the registration of the legal entity with the tax authority at the location of its separate subdivision.
4.4. To open a current account for a separate subdivision of a legal entity - non-resident, the following are submitted to the bank:
a) documents provided for in clause 4.2 of this Instruction;
b) the documents provided for in subparagraphs "b" and "c" of paragraph 4.3 of this Instruction.
In the cases stipulated by the legislation of the Russian Federation, documents are also submitted confirming that an entry has been made in the consolidated state register of representative offices of foreign companies accredited in the territory of the Russian Federation or in the state register of branches of foreign legal entities accredited in the territory of the Russian Federation.
4.5. To open a current account, embassies and consulates, as well as other diplomatic and equivalent representations of foreign states, submit to the bank the documents provided for in subparagraphs "b", "d", "e" and "g" of paragraph 4.1 of this Instruction.
4.6. In order to open a settlement account for international organizations, the documents provided for in subparagraphs "b", "d", "e", "f" and "g" of paragraph 4.1 of this Instruction are submitted to the bank.
Branches and representative offices of international organizations located on the territory of the Russian Federation additionally submit to the bank the documents provided for in subparagraphs "b" and "c" of paragraph 4.3 of this Instruction.
4.7. To open a current account for an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the bank is provided with:
a) an identity document of an individual;
b) a card;
c) documents confirming the powers of the persons indicated in the card to dispose of the funds in the bank account (if such powers are transferred to third parties), and in the case when the agreement provides for the certification of the rights to dispose of the funds in the 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;
d) certificate of registration with the tax authority;
e) certificate of state registration as an individual entrepreneur;
f) licenses (patents) issued to an individual entrepreneur or a person engaged in private practice, in accordance with the procedure established by the legislation of the Russian Federation, for the right to carry out activities subject to licensing (regulation by issuing a patent).
4.8. To open a budget account for a legal entity, along with the documents provided for in subparagraphs "a", "b", "d", "e", "f" and "g" of paragraph 4.1 of this Instruction, a document confirming the right of the legal entity for bank service.
4.9. To open a correspondent account for a resident credit institution, the bank shall submit, along with the documents specified in paragraph 4.1 of this Instruction, a letter from the territorial branch of the Bank of Russia confirming the approval of the candidacies of employees of the credit institution, whose appointment in accordance with the legislation of the Russian Federation is subject to approval by the Bank Russia, when indicating these persons in the card.
4.10. In order to open a correspondent sub-account for a branch of a resident credit institution, in the cases established by the Bank of Russia regulations, along with the documents specified in paragraph 4.3 of this Instruction, a notice is submitted to the bank about entering information about the opening of a branch in the State Registration Book of Credit Institutions and assigning it an ordinal numbers, as well as a letter from the territorial branch of the Bank of Russia confirming the approval of the candidacies of employees of the branch of the credit institution, whose appointment to positions is subject to approval by the Bank of Russia, when these persons are indicated in the card.
4.11. To open a correspondent account in foreign currency for the Bank of Russia, the following documents are submitted to a credit institution:
a) certificate of state registration of a legal entity;
c) a card or an album of samples of signatures of persons authorized to dispose of a correspondent account.
4.12. In order to open accounts for the trust manager for settlements on activities related to trust management (trust management accounts), the following shall be submitted to the bank:
a) documents specified in paragraphs 4.1 or 4.7 of these Instructions;
b) an agreement on the basis of which trust management is carried out.
4.13. To open a special bank account, the same documents are submitted to the bank as for opening a current account, taking into account the requirements of the legislation of the Russian Federation.
Chapter 5. Opening accounts for deposits (deposits)5.1. To open a bank deposit account for an individual, the following must be submitted:
a) an identity document of an individual;
b) certificate of registration with the tax authority (if any).
If the bank deposit agreement provides for the possibility of making settlements using the deposit account, a card is presented (except for the cases provided for in clause 1.12 of this Instruction). At the same time, documents confirming the authority of the persons indicated in the card to manage the funds on the account (if such authority is transferred to third parties) are submitted. If the contract provides for the certification of the rights to dispose of funds on the 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. A non-resident individual (with the exception of citizens of the Russian Federation), in addition to the documents specified in clause 5.1 of this Instruction, submits a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation.
5.3. To open a deposit account for a resident legal entity, the following documents are submitted to the bank:
a) certificate of state registration of a legal entity;
b) certificate of registration with the tax authority.
5.4. To open a deposit account for a legal entity - non-resident, documents confirming the legal status of a legal entity - non-resident under the legislation of the country in whose territory this legal entity was established, in particular documents confirming the state registration of a legal entity - non-resident, are submitted to the bank.
5.5. To open an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, a deposit account is submitted to a bank:
a) an identity document of an individual;
b) certificate of registration with the tax authority;
c) certificate of state registration as an entrepreneur carrying out entrepreneurial activities without forming a legal entity (individual entrepreneur);
d) licenses (patents) issued to an individual entrepreneur or a person engaged in private practice, in accordance with the procedure established by the legislation of the Russian Federation, for the right to carry out activities subject to licensing (regulation by issuing a patent).
The notary shall submit a document confirming the empowerment (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 submits a document certifying the registration of the lawyer in the register of lawyers.
Chapter 66.1. To open a court deposit account, the following must be submitted to the bank:
a) a document defining the legal status of the subdivision of the court for which the account is opened;
b) a card;
6.2. To open a deposit account of divisions of the bailiff service, the following are submitted to the bank:
a) a document on the legal status of the bailiff service unit for which the account is opened;
b) a card;
c) documents confirming the authority of the persons indicated in the card to dispose of the funds in the bank account, and in the case when the agreement provides for the certification of the rights to dispose of the funds in the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.
6.3. To open a deposit account of law enforcement agencies, the following are submitted to the bank:
a) a document on the legal status of the law enforcement agency for which the account is opened;
b) a card;
c) documents confirming the authority of the persons indicated in the card to dispose of the funds in the bank account, and in the case when the agreement provides for the certification of the rights to dispose of the funds in the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.
6.4. To open a notary's deposit account, the following must be submitted to the bank:
a) an identity document of an individual;
b) a card;
c) a document confirming the empowerment of a notary public (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.
Chapter 7. Signature and Seal Sample Card7.1. The card is issued on the form of form N 0401026 according to OKUD (All-Russian Classifier of Management Documents OK 011-93), established by Appendix 1 to these Instructions, and is submitted by the client to the bank in the cases provided for by this Instruction, along with other documents necessary for opening a bank account, deposit (deposit) account (hereinafter in this chapter and Appendix 2 to this Instruction - account).
7.2. The card is filled in using a typewriter or an electronic computer in black font or with a pen with black, blue or purple paste (ink). The use of a facsimile signature to fill in the fields of the card is not allowed.
7.3. The bank makes the number of copies of the card necessary for use in the work. The use of copies of the card obtained on a copying technique is allowed provided that the copying is made without distortion.
Copies of the card must be certified by the signature of the chief accountant of the bank (his deputy) or an employee of the bank authorized by the bank's administrative act to draw up the card in accordance with clause 7.13 of this Instruction (hereinafter referred to as the authorized person).
Instead of copies, it is possible to use additional copies of cards provided by the client.
In the case of servicing several customer accounts by one operational employee of the bank and subject to the coincidence of the list of persons entitled to sign, the bank has the right not to require the issuance of a card for each account.
7.4. Forms of cards are made by clients, bank independently.
Acceptance by the bank of a card with a different number or arrangement of fields is not allowed.
An arbitrary number of lines is allowed in the fields "Account holder", "Last name, first name, patronymic" and "Signature sample" taking into account the number of persons with the rights of the first or second signature, as well as in the field "Bank account N" in the case provided for in clause 7.3 of this Instruction.
When making a card, an interlinear indication of the translation of the fields of the card in the languages of the peoples of the Russian Federation, as well as in foreign languages, is allowed.
The "Sample Seal Imprint" field should provide for the possibility of putting a seal imprint with a diameter of at least 45 mm, without going beyond the boundaries of this field.
7.5. The right of the first signature belongs to the client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The right of first signature may belong to individuals on the basis of an appropriate power of attorney issued in the cases and in the manner established by the legislation of the Russian Federation, by an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The right of first signature belongs to the head of the client - a legal entity (sole executive body), as well as other persons (with the exception of the persons specified in paragraph 7.6 of these Instructions), endowed with the right of first signature by an administrative act of the head of a legal entity, or on the basis of a power of attorney issued in accordance with the procedure established by the legislation of the Russian Federation.
In cases and in the manner provided for by the legislation of the Russian Federation, the right of first signature may be transferred to the manager or managing organization.
If the managing organization, which performs the functions of the sole executive body, grants its employees the right of first signature on behalf of the legal entity - the client, such a right may be granted on the basis of an administrative act of the head of the managing organization or a power of attorney issued in accordance with the procedure established by the legislation of the Russian Federation.
The sole executive body of the managing organization may act as the person having the right of first signature.
7.6. The right of the second signature belongs to the chief accountant of the client - a legal entity and (or) persons authorized to maintain accounting on the basis of an administrative act of the head of the legal entity.
If accounting is transferred to third parties in accordance with the procedure established by the legislation of the Russian Federation, they may also be granted the right of a second signature on the basis of an administrative act of the head of the client - a legal entity.
7.7. The head and chief accountant of a client - legal entity may not be indicated in the card as persons entitled, respectively, to the first or second signature, provided that the right of the first or second signature is granted to other persons.
7.8. To issue a card, only documents confirming the status of the persons indicated in the card are submitted to the embassy or consulate. If an international agreement ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an official of an embassy or consulate to authenticate the signatures of employees of the relevant embassy or consulate, then the bank has the right to accept a card in which the authenticity of the signatures of these employees is certified by the specified official.
7.9. The right of the first or second signature may be given simultaneously to several employees of a legal entity.
Giving one natural person the right of first and second signature at the same time is not allowed.
7.10. If the head of the client - a legal entity, in the cases provided for by the legislation of the Russian Federation, conducts accounting personally, the card shall be affixed with a handwritten signature (signatures) of the person (persons) vested with the right of only the first signature.
At the same time, in the field "Second signature" on the card it is indicated that the person entitled to the second signature is absent.
7.11. A sample of the imprint of the seal of a legal entity (branch, representative office), affixed by the client in the card, must correspond to the seal that the client has.
The provisional administration for the management of a credit organization shall affix an imprint of a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the provisional administration for the management of a credit organization.
The bankruptcy commissioner (liquidator) affixes, accordingly, the stamp of the bankruptcy commissioner (liquidator).
7.12. The authenticity of handwritten signatures of persons entitled to the first or second signature may be certified by a notary.
7.13. The card can be issued without notarization of the authenticity of signatures in the presence of an authorized person in the following order:
7.13.1. The authorized person establishes the identity of the persons indicated in the card on the basis of the submitted identity documents.
7.13.2. The authorized person establishes the powers of the persons indicated in the card on the basis of studying the constituent documents of the client, as well as documents on vesting the person with the appropriate powers.
7.13.3. The persons indicated in the card, in the presence of an authorized person, put their own signatures in the corresponding field of the card. Blank lines are filled with dashes.
7.13.4. In confirmation of the signatures of these persons in the presence of an authorized person, the authorized person fills in the field "Place for a certification inscription on the authentication of signatures" in the bank in the presence of an authorized person in the manner prescribed by clause 2.9 of Appendix 2 to these Instructions.
7.14. The card is valid until the termination of the bank account agreement, closing of the deposit (deposit) account or until it is replaced by a new card.
In case of replacement or addition of at least one signature and (or) replacement (loss) of the seal, change of the last name, first name, patronymic of the person indicated in the card, as well as in cases of change of details that allow identifying the client (change of the name, organizational and legal form of the legal entity ), or in the event of early termination of the powers of the client's management bodies in accordance with the legislation of the Russian Federation, as well as in the event of suspension of the powers of the client's management bodies in accordance with the legislation of the Russian Federation, the client presents a new card.
7.15. The Bank, at the written request of the client, has the right to make changes to the fields "Location (place of residence)", "tel. N", "Term of office" of the card issued in accordance with the procedure provided for in paragraph 7.13 of these Instructions.
Cases when it is allowed to make changes to the fields "Location (place of residence)", "tel. N" of the card are determined by the bank in the banking rules.
In the event that a change in the client's account number is due to the requirements of the legislation of the Russian Federation, the bank has the right to independently make appropriate changes to the fields "Bank account number" and "Bank mark".
The procedure for making changes to the indicated fields of the card is determined by the bank independently in the banking rules. When making changes, the text shall be struck through by an authorized person with a thin line so that the strikethrough can be read.
7.16. If the right of the first or second signature is granted temporarily to persons not specified in the card, temporary cards drawn up in the manner prescribed by this Instruction shall be submitted to the card. In this case, in the upper right corner on the front side of the card, the mark "Temporary" is put down.
7.17. The front and back sides of the card are filled in in the manner prescribed by Appendix 2 to this Instruction.
Chapter 8. Closing a bank account8.1. The basis for closing a bank account is the termination of the bank account agreement.
8.2. After the termination of the bank account agreement, credit and debit operations on the client's account are not carried out, with the exception of the operations provided for in clause 8.3 of this Instruction. The funds received by the client after the termination of the bank account agreement are returned to the sender.
8.3. After the termination of the bank account agreement, before the expiration of seven days after receipt of the relevant written application from the client, the balance of funds on the account is issued to the client or, at his direction, transferred by bank payment order.
8.4. In connection with the termination of the bank account agreement, the client is obliged to hand over to the bank unused cash checkbooks with the remaining unused cash checks and stubs in the manner prescribed by the legislation of the Russian Federation.
8.5. In the absence of funds on the bank account, the specified account is subject to exclusion from the Book of registration of open accounts no later than the business day following the day of termination of the bank account agreement.
The presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds in a bank account in the absence of funds in the bank account does not prevent the exclusion of a bank account from the Book of registration of open accounts.
If there are funds on the bank account on the day of termination of the bank account agreement, the specified account is excluded from the Book of registration of open accounts no later than the business day following the day the funds are debited from the account.
In case of termination of the bank account agreement in the presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds in the bank account and the availability of funds in the account, the exclusion of the corresponding account from the Book of Registration of Open Accounts is carried out after the cancellation of these restrictions no later than the business day following the day the funds are debited from the account.
The presence of unexecuted settlement documents does not prevent the termination of the bank account agreement and the exclusion of the bank account from the Book of registration of open accounts.
Chapter 9. Closing an account on a deposit (deposit)9.1. The basis for closing a deposit (deposit) account is the termination of the deposit (deposit) agreement, including its execution.
9.2. The exclusion of the account on the deposit (deposit) from the Book of registration of open accounts is carried out by the bank on the day of the occurrence of a zero balance on the deposit (deposit) account, unless otherwise provided by the deposit (deposit) agreement.
9.3. Closing of deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries is carried out in the manner prescribed by this chapter, unless otherwise provided by the legislation of the Russian Federation.
Chapter 1010.1. A legal case is formed by the bank for each bank account, deposit account of the client.
If there are several bank accounts, deposit accounts of one client opened in one bank, one legal case can be formed on several client accounts. The cases and procedure for the formation of one legal case on several customer accounts are determined by the bank in the banking rules.
The client's legal case is assigned a serial number in accordance with banking rules.
10.2. The following documents are included in the legal case:
documents submitted by the client (his representative) when opening a bank account, a deposit account, as well as documents submitted in case of changes in the specified information;
contract (contracts) of a bank account, deposit (deposit) account, amendments and additions to these contracts, other contracts defining the relationship between the bank and the client on opening, maintaining and closing a bank account, deposit (deposit) account;
documents relating to the bank sending messages to the tax authority on the opening (closing) of a bank account;
expired cards;
correspondence between the bank and the client on opening, maintaining and closing a bank account, deposit account;
other documents relating to relations between the client and the bank on opening, maintaining and closing a bank account, deposit account.
10.3. When seizing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (decree) of the state body, documents received by the bank during the seizure (seizure) of the document (its copy) are placed in the legal file.
When drawing up one document when seizing (seizure) documents from several legal cases, the document (its copy) received by the bank when seizing (seizure) of documents is placed in one of the legal files, copies of the specified document certified by the bank are placed in other legal cases.
When seizing (withdrawing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures in the circumstances to place in the legal file a duly certified copy of the document being withdrawn.
10.4. The Bank is obliged to exclude unauthorized access to the legal files of clients during their storage.
10.5. In case of closing an account in one subdivision of the bank and opening an account in another subdivision of the bank, the legal case may be transferred from one subdivision to another in the manner prescribed by banking rules.
10.6. Legal cases are kept by the bank during the entire period of validity of the bank account agreement, deposit account, and after the termination of relations with the client - for the period established by the legislation of the Russian Federation.
The terms for storing documents in electronic form relating to the relationship between the bank and the client regarding the opening, maintenance and closing of a bank account, a deposit (deposit) account must be no less than the terms for storing the relevant legal file of the client.
Chapter 11. Banking rules11.1. Banking rules are an internal document of a credit institution and include the following provisions:
on the distribution of competence between the structural divisions of the bank in the field of opening and closing bank accounts, deposits (deposits), including the procedure for maintaining and storing the Book of registration of open customer accounts;
on procedures for establishing the presence at the location of a legal entity, its permanent management body, another body or person that has the right to act on behalf of a legal entity without a power of attorney;
on the procedure for opening and closing bank accounts, accounts on deposits (deposits), taking into account the requirements established by this Instruction;
on the procedure for the preparation by the credit institution of documents used when opening and closing bank accounts, deposits (deposits), as well as the procedure for the preparation and certification by the credit institution of copies of documents submitted by the client;
on the rules of document flow from the moment of receipt of documents from the client (his representative) until the moment the client is informed of the bank account number, account for the deposit (deposit);
on the organization of work on the preparation and sending of messages to the tax authority on the opening (closing) of bank accounts, on changing the numbers of bank accounts;
on the procedures for accepting documents for opening bank accounts, deposits (deposits);
on the procedure for issuing a card;
on the procedure for obtaining and issuing a sample signature of a client - an individual in the case provided for in clause 1.12 of this Instruction;
on the procedure for notifying customers about the details of their bank accounts, accounts for deposits (deposits);
on the procedure for recording and storing documents (including in electronic form) received when opening, maintaining and closing bank accounts, deposits (deposits);
on the cases and procedure for the formation of one legal case on several client accounts;
on the procedure for access to legal cases of clients;
on the procedure for the transfer of legal cases in the divisions of the credit institution;
on the frequency of updating information about customers;
other provisions governing the opening and closing of bank accounts, deposit accounts.
11.2. Banking rules cannot contain provisions that contradict the legislation of the Russian Federation.
Chapter 12. Final Provisions12.2. Reissuance of cards submitted to the bank prior to the entry into force of this Instruction is not required. The form of the card established by this Instruction, as well as the procedure for filling it out, shall be applied from the date of entry into force of this Instruction.
12.3. Banks develop and approve internal documents provided for by this Instruction within four months from the date of entry into force of this Instruction.
12.4. From the date of entry into force of this Instruction, to recognize as invalid:
Instruction of the Bank of Russia dated June 21, 2003 N 1297-U "On the procedure for issuing a card with sample signatures and seal imprints", registered by the Ministry of Justice of the Russian Federation on June 25, 2003 N 4829 ("Bulletin of the Bank of Russia" dated June 27, 2003 N 36) ;
Bank of Russia Directive No. 1403-U dated March 25, 2004 "On Amendments to Bank of Russia Directive No. 1297-U dated June 21, 2003 "On the Procedure for Issuing a Card with Sample Signatures and Seal Impressions", registered by the Ministry of the Russian Federation on April 5, 2004 N 5715 ("Bulletin of the Bank of Russia" dated April 30, 2004 N 25).
Chairman
Central Bank
Russian Federation
S.M. IGNATIEV
Attachment 1
to the Instruction of the Bank of Russia
"About opening and closing
bank accounts, accounts
on deposits (deposits)"
Account owner | Bank mark | |||||||
(signature) | ||||||||
"__" _________ 20__ | ||||||||
Location (place of residence) | ||||||||
tel. N | ||||||||
Bank | ||||||||
Other marks | ||||||||
on authentication
signatures
Annex 2
to the Instruction of the Bank of Russia
dated September 14, 2006 N 28-I
"About opening and closing
bank accounts, accounts
on deposits (deposits)"
1. The fields on the front side of the card are filled in in the following order:
1.1. In the "Account Owner" field:
The client - a legal entity indicates the full name in accordance with its constituent documents. In the case of opening an account for a legal entity for transactions by its branch, representative office, the full name of the legal entity in accordance with its constituent documents and after a comma - the full name of the separate subdivision in accordance with the regulation on the separate subdivision approved by the legal entity;
The client - an individual indicates in full his last name, first name, patronymic (if any), date of birth, details of an identity document;
The client - an individual entrepreneur indicates in full his last name, first name, patronymic (if any), date of birth, details of an identity document, and also indicates: "individual entrepreneur";
A client - an individual engaged in private practice in accordance with the procedure established by law, indicates in full his last name, first name, patronymic (if any), date of birth, details of an identity document, and also indicates the type of activity (for example, lawyer, notary).
1.2. In the field "Location (place of residence)":
The client - a legal entity indicates the address of the permanent executive body, the location of the branch, representative office;
Client - an individual, an individual entrepreneur indicates the address of the actual place of residence (stay);
The client - an individual engaged in private practice in accordance with the procedure established by law, indicates the place of implementation of his activity or the address of the actual place of residence (stay).
1.3. In the "tel. N" field, the client specifies the phone number. Multiple customer phone numbers are allowed.
1.4. In the "Bank" field, the client indicates the full name of the credit institution (branch) or subdivision of the settlement network of the Bank of Russia, in which a bank account is opened.
1.5. In the "Mark of the bank" field, after assigning the corresponding number to the account by the chief accountant or his deputy or another person to whom the right to make an entry about opening an account for the client in the Book of registration of open accounts has been granted by the bank's administrative document, a handwritten signature and the date (in numbers) starting from which card is used.
1.6. In the "Other notes" field, the bank may indicate information on the provision of temporary cards, on the period of time during which they are valid, on cases of their replacement, the procedure and frequency of issuing account statements, as well as other information required by the bank.
2. The fields on the reverse side of the card are filled in in the following order:
2.1. In the field "Abbreviated name of the account holder":
A client - a legal entity indicates its abbreviated name in accordance with its constituent documents or the abbreviated name of a branch, representative office of a legal entity in accordance with the regulation on the branch, representative office approved by the legal entity. In the absence of an abbreviated name, the full name of the client - legal entity (branch, representative office) is indicated;
Client - an individual indicates in full his last name, first name, patronymic (if any);
The client - an individual entrepreneur indicates in full his last name, first name, patronymic (if any), and also indicates: "individual entrepreneur";
A client - an individual engaged in private practice in accordance with the procedure established by law, indicates in full his last name, first name, patronymic (if any), and also indicates the type of activity (for example, a lawyer, a notary).
2.2. In the field "Bank account N", after making an entry about opening an account for a client in the Book of registration of open accounts, the chief accountant, his deputy or another person who has been granted the right to make an entry about opening an account for a client in the Book of registration of open accounts, puts down the assigned bank account number.
2.3. In the field "Last name, first name, patronymic" the full surname, first name, patronymic (if any) of persons endowed with the rights of the first or second signature are indicated.
2.4. In the "Signature Sample" field, persons with the rights of the first or second signature put down their own signature opposite their surname.
2.5. In the "Term of office" field, the bank indicates the term of office of persons, established on the basis of constituent documents, an administrative act of the client or a power of attorney issued by him.
2.6. In the "Date of filling" field, the client indicates the day, month and year of issuing the card.
2.7. In the "Customer Signature" field, enter:
handwritten signature of the head of the client - a legal entity, or a person performing his duties, who, in accordance with the law and constituent documents, represents without a power of attorney;
handwritten signature of a person who is a representative of the client, acting on the basis of a power of attorney to open an account. At the same time, this field indicates the number (if any) and the date of the corresponding power of attorney;
handwritten signature of a client - an individual, a client - an individual entrepreneur or a client - an individual engaged in private practice in accordance with the procedure established by law.
In the event that the powers of the sole executive body of the client are transferred in the manner prescribed by the legislation of the Russian Federation to the managing organization or the manager, the signature of the manager (head of the managing organization) is put in the "Client's Signature" field.
2.8. In the "Seal sample" field, clients - legal entities, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by law (if there is a seal), put down a sample of the seal.
The imprint of the seal affixed to the card must be legible.
If the legislation of a foreign state does not establish the obligation to have a seal, a legal entity established on the territory of the said state has the right not to affix a seal imprint, indicating that there is no seal in the "Sample Seal Imprint" field.
Clients - individuals do not fill in the field "Sample seal impression".
2.9. In the field "Place for the certification inscription on the evidence of the authenticity of signatures" the certification inscription is made by a notary in accordance with the requirements established by the legislation of the Russian Federation. The authorized person fully indicates his position, surname and initials, surname and initials of the person (s), whose signatures are made in his presence, indicates the date (in numbers) and affixes his own signature with the seal (stamp) of the bank, determined for these purposes by the administrative act of the bank .
2.10. In the "Cash checks issued" field, the bank indicates the date of issue and numbers of cash checks issued by a credit institution (branch) or a subdivision of the Bank of Russia settlement network to customers.
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(as amended by the Instructions of the Bank of Russia dated May 14, 2008 N 2009-U,
dated November 25, 2009 N 2342-U, dated August 28, 2012 N 2868-U)
On the basis of the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; 2003, No. 52, Art. 5032; 2004, N 27, item 2711, N 31, item 3233; 2005, N 25, item 2426, N 30, item 3101; 2006, N 19, item 2061, N 25, item 2648), Federal Law " On banks and banking activities" (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, item 357; Collection of Legislation of the Russian Federation, 1996, N 6, item 492; 1998, N 31, item 3829; 1999 , N 28, item 3459; N 28, item 3469; 2001, N 26, item 2586; N 33, item 3424; 2002, N 12, item 1093; 2003, N 27, item 2700; N 50, item 4855; N 52, item 5033, item 5037; 2004, N 27, item 2711, N 31, item 3233, N 45, item 4377; 2005, N 1, item 18, item 45, N 30, item 3117; 2006, N 6, item 636, N 31, item 3439), the Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (Collection of laws Agency of the Russian Federation, 2001, N 33, Art. 3418; 2002, N 44, Art. 4296; 2002, No. 30, Art. 3029; 2004, N 31, Art. 3224; 2006, N 31, art. 3446, Art. 3452), in accordance with Part 2 of the Civil Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 5, Art. 410, Art. 411; N 34, Art. 4025; N 43, Art. 4903; 1999, N 51, 6228; 2002, N 48, item 4737; 2003, N 2, item 160, item 167, N 13, item 1179; 2003, N 46, item 4434, N 52, item 5034; 2005 , N 1, item 15, item 45, N 13, item 1080, N 19, item 1752, N 30, item 3100; 2006, N 6, item 636) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated September 13, 2006 N 15) The Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions (branches), units of the settlement network of the Bank of Russia (hereinafter referred to as banks) bank accounts, accounts for deposits (deposits ) legal entities, individuals, individual entrepreneurs, as well as individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (hereinafter referred to as clients) in the currency of the Russian Federation tion and foreign currencies.
This Instruction does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and referendums, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation established in accordance with the legislation of the Russian Federation, as well as accounts opened on other grounds other than a bank account agreement, deposit (deposit).
(As amended by Bank of Russia Instructions No. 2342-U dated November 25, 2009, and No. 2868-U dated August 28, 2012)
Chapter 1. General Provisions
1.1. Opening of bank accounts, deposit accounts for clients is carried out by banks, subject to the client's legal capacity (capacity).
Operations on bank accounts, deposit accounts of the corresponding type (account mode) are regulated by the legislation of the Russian Federation and are carried out in the manner prescribed by it.
1.2. The basis for opening a bank account, an account on a deposit (deposit) is the conclusion of a bank account agreement, a bank deposit agreement and the submission of all documents determined by the legislation of the Russian Federation.
Several bank accounts, deposit accounts can be opened for the client on the basis of one agreement, if it is provided for by the agreement concluded between the bank and the client. Opening a bank account for a client, an account for a deposit (deposit) is carried out only if the bank has received all the documents provided for by this Instruction, and the client has been identified in accordance with the legislation of the Russian Federation.
The list of documents and information required for customer identification is established by the legislation of the Russian Federation.
The client may be refused to open a bank account, a deposit account, if documents confirming the information necessary to identify the client are not presented, or false information is provided, as well as in other cases provided for by the legislation of the Russian Federation.
1.3. The opening of a bank account, a deposit (deposit) account is completed, and a bank account, a deposit (deposit) account is open with an entry about the opening of the corresponding personal account in the Open Accounts Registration Book.
An entry on the opening of a personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day of conclusion (entry into force) of the relevant bank account agreement, bank deposit agreement. The specified entry may be made in the Book of Registration of Open Accounts simultaneously with the conclusion of the relevant bank account agreement, bank deposit agreement.
In case of opening a bank account for a client, an account for a deposit (deposit) within the framework of one agreement, which provides for the possibility of opening several bank accounts, accounts for a deposit (deposit) on the basis of an additional request from the client to open a bank account, an account for a deposit (deposit), a record of the opening of the corresponding personal account must be entered in the Book of registration of open accounts no later than the business day following the day the bank receives the client's request to open a bank account, a deposit account. If the client's request to open a bank account, a deposit account contains an indication of a specific date for opening a bank account, a deposit account, an entry on the opening of the corresponding personal account must be entered in the Book of registration of open accounts no later than a business day following such date, but not earlier than the day the bank receives the client's request to open a bank account, a deposit account. The bank is obliged to have documentary evidence of receipt of the client's request to open a bank account, a deposit account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.
The grounds for closing a bank account, a deposit (deposit) account is the termination of the bank account, deposit (deposit) agreement in the manner prescribed by the legislation of the Russian Federation.
Closing of a bank account, an account on a deposit (deposit) is carried out by making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
An entry on the closure of a personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day of termination of the relevant bank account agreement, bank deposit agreement, unless otherwise provided by the legislation of the Russian Federation.
In case of closure of one of the bank accounts, deposit accounts opened within the framework of one agreement concluded between the bank and the client, an entry on the closure of the corresponding personal account must be made in the Open Accounts Registration Book no later than the business day following the day of receipt by the bank of the client's application to close a bank account, a deposit account, unless otherwise provided by the legislation of the Russian Federation. If the client's application for closing a bank account, deposit (deposit) contains an indication of a specific date for closing a bank account, a deposit (deposit) account, an entry on closing the corresponding personal account must be made in the Book of registration of open accounts no later than a business day following such date, but not earlier than the day the bank receives the client's application for closing a bank account, a deposit account. The bank is obliged to have documentary evidence of receipt of the client's application for closing a bank account, a deposit account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.
The closing of a bank account, a deposit account is not considered to be the entry into the Book of Registration of Open Accounts about the closure of a personal account in connection with a change in the number of a personal account due to the requirements of the legislation of the Russian Federation, including the Bank of Russia regulations (in particular, due to the reorganization client or a credit institution serving him, changing the accounting procedure, changing the Chart of Accounts).
Entries in the Book of Registration of Open Accounts shall be made in accordance with the procedure established by the legislation of the Russian Federation and banking rules.
(Clause 1.3 as amended by Bank of Russia Ordinance No. 2868-U dated August 28, 2012)
1.4. In order to organize the work of opening and closing bank accounts, deposits (deposits), a credit institution shall adopt banking rules in accordance with Chapter 11 of this Instruction.
From among its employees, the bank determines the officials responsible for working with clients on opening and closing accounts for clients (hereinafter referred to as bank officials), establishing for them the appropriate official rights and obligations, with which they must be familiarized against signature.
(Clause 1.4 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.5. Bank officials accept the documents required to open an account of the appropriate type, check the proper execution of documents, the completeness of the information provided and their reliability in the cases and in the manner established by this Instruction, on the basis of the documents received, check whether the client has legal capacity (capacity), as well as perform other functions provided for by this Instruction, banking rules and job description. For these purposes, bank officials interact with customers and their representatives, request and receive the necessary information.
Bank officials may be authorized to identify the client in the manner prescribed by the legislation of the Russian Federation.
Bank officials may be authorized to draw up, in the manner prescribed by paragraph 7.13 of this Instruction, a card with samples of signatures and seal imprints (hereinafter referred to as the card).
(Clause 1.5 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.6. When opening a bank account, a deposit account, a credit institution must identify the client in accordance with the procedure established by the legislation of the Russian Federation and establish whether the client is acting in his own interests or in the interests of the beneficiary.
If the client acts in the interests of the beneficiary, the credit institution must identify the beneficiary in the manner prescribed by the legislation of the Russian Federation.
A credit institution is obliged to systematically update the information received when identifying customers and beneficiaries in the manner prescribed by the legislation of the Russian Federation and banking rules.
(Clause 1.6 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.7. When opening a bank account, a deposit account, the bank must establish whether the person who applied to open the account is acting on his own behalf or on behalf of another person who will be a client.
If the person who applied to open an account is a representative of the client, the bank is obliged to establish the identity of the client's representative, as well as obtain documents confirming that he has the appropriate authority. The bank must also identify the person (persons) endowed with the right of the first or second signature, as well as the person (persons) authorized (authorized) to dispose of the funds on the account, using an analogue of a handwritten signature, codes, passwords and other means , confirming the presence of the specified powers (hereinafter referred to as the analogue of a handwritten signature).
(Clause 1.7 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.8. The bank is obliged to have copies of documents (or information about their details) proving the identity of the client or the person whose identity must be established when opening a bank account, deposit account.
When making a copy of an identity document, it is allowed to copy individual pages containing information necessary to identify the client (identifying the person whose identity must be established when opening a bank account, deposit account).
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
Information established by the bank when opening bank accounts, deposit accounts, including information about the client, his representative and beneficiary, must be documented in accordance with the requirements established by the legislation of the Russian Federation.
1.9. In the event of a change in the information to be established when opening a bank account, a deposit account, clients are required to submit the necessary documents (copies thereof) to the bank confirming the change in this information.
1.10. The Bank is obliged to systematically update information about customers to be established when opening a bank account, deposit (deposit) account, as well as about persons whose identity must be established when opening a bank account, deposit (deposit) account, in the manner prescribed by banking rules.
(Clause 1.10 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.11. To open a bank account, an account for a deposit (deposit), original documents or their copies certified in the manner prescribed by the legislation of the Russian Federation are submitted to the bank.
In the cases provided for in the banking rules, documents submitted by a client - a legal entity when opening a bank account, deposit accounts can be certified in the manner prescribed by sub-clause 1.11. (deposit) may be certified by an official of the bank (another person authorized by the bank) in the manner prescribed by sub-clause 1.11.2 of this clause.
1.11.1. Copies of documents certified by a client - a legal entity, are submitted to the bank, provided that the official of the bank (another person authorized by the bank) establishes their compliance with the original documents. A copy of the document certified by a client - a legal entity, must contain the last name, first name, patronymic (if any), the title of the position of the person who certified the copy of the document, as well as his own signature and seal impression (if it is absent - a stamp) of the client.
On the copy of the document received from the client - a legal entity, the bank official or other person authorized by the bank, who is an employee of the bank, makes the inscription "verified with the original", indicates his last name, first name, patronymic (if any), position or details of the document certifying identity, and also affixes a handwritten signature and an imprint of a seal or stamp established for these purposes by the bank.
On the copy of the document received from the client - a legal entity, another person authorized by the bank, who is not an employee of the bank, makes the inscription "verified with the original", indicates his last name, first name, patronymic (if any), details of the identity document, and also puts down handwritten signature and imprint of the seal or stamp established for these purposes by the bank.
1.11.2. An official of the bank (another person authorized by the bank) has the right to certify copies of the documents submitted by the client (his representative) for opening a bank account, a deposit account.
An official of the bank or another person authorized by the bank, who is an employee of the bank, makes the inscription "correct copy" on the copy of the document and indicates his last name, first name, patronymic (if any), position or details of an identity document, and also affixes his own signature and imprint seal or stamp established for these purposes by the bank.
Another person authorized by the bank, who is not an employee of the bank, puts on the copy of the document the inscription "correct copy" and indicates his last name, first name, patronymic (if any), details of the identity document, and also affixes his own signature and imprint of the seal or stamp established by bank for these purposes.
1.11.3. In the cases provided for in banking rules, in order to open a bank account, an account on a deposit (deposit) of a client - a legal entity, a certified extract from internal documents generated in its activities, or a certified extract from documents directly related to the activities of this client - legal entity and formed in the activities of legal entities (authorities) in charge of (which is subordinate to) the client - a legal entity.
An extract from internal documents generated in the activities of a client - a legal entity, can be certified in the manner prescribed by the legislation of the Russian Federation, or certified by a client - a legal entity, indicating the last name, first name, patronymic (if any), job title of the person who certified the extract, as well as with affixing his handwritten signature and seal (if it is absent - a stamp) of the client - a legal entity.
An extract from documents that are directly related to the activities of the client - a legal entity and formed in the activities of legal entities (authorities), in whose jurisdiction the client - a legal entity is located (which has jurisdiction), can be certified in the manner prescribed by the legislation of the Russian Federation, or certified legal entity (authority) in charge of (which is subordinate to) the client, indicating the last name, first name, patronymic (if any), the position of the person who certified the extract, as well as affixing his handwritten signature and seal (if it is absent - stamp) of a legal entity (authority), unless a different procedure for certifying extracts from documents is determined by the relevant legal entity (authority).
(Clause 1.11.3 was introduced by Bank of Russia Ordinance No. 2342-U dated November 25, 2009)
(Clause 1.11 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.12. When opening a bank account, deposit (deposit) account, the client is obliged to submit the documents provided for by this Instruction, as well as other documents in cases where the opening of a bank account, deposit (deposit) account is due to the presence of documents not specified in this Instruction by the legislation of the Russian Federation . The Bank has the right not to demand the submission of those documents that are in the client's legal file.
2868-U)
The client's representative, persons authorized to manage the funds on the account using an analogue of a handwritten signature, and persons entitled to the first or second signature are required to submit an identity document, as well as documents confirming the existence of appropriate powers.
In the cases and in the manner provided for in the banking rules, the card may not be presented when opening a bank account for an individual, a deposit account, provided that:
the agreement stipulates that the transfer of funds from the account is carried out solely on the basis of the order of the client - an individual, and the settlement documents necessary for carrying out the specified banking operation are drawn up and signed by the bank;
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
the agreement stipulates that the disposal of funds on the account is carried out exclusively using an analogue of a handwritten signature;
opening a current account for an individual is carried out for settlements exclusively with the use of payment cards.
In the cases established by this Instruction, instead of a card, an album of specimen signatures of persons authorized to dispose of funds in a bank account (hereinafter referred to as the album) may be submitted in the form established by the agreement or business customs.
(as amended by Bank of Russia Directive No. 2342-U dated November 25, 2009)
(Clause 1.12 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
1.13. All documents submitted when opening a bank account, deposit (deposit) account must be valid on the date of their presentation.
Documents drawn up in full or in any part in a foreign language (with the exception of documents proving the identity of individuals issued by the competent authorities of foreign states, drawn up in several languages, including Russian), are submitted to the bank with a duly certified translation into Russian language.
Documents issued by the competent authorities of foreign states, confirming the status of legal entities - non-residents, are accepted by the bank subject to their legalization in the prescribed manner or without their legalization in cases stipulated by international treaties of the Russian Federation.
The requirement to submit documents to the bank with a properly certified translation into Russian does not apply to documents issued by the competent authorities of foreign states proving the identity of individuals, provided that the individual has a document confirming the right of legal stay on the territory of the Russian Federation (for example, entry visa, migration card).
In the cases and in accordance with the procedure provided for in the banking rules, an official of the bank (another employee of the bank) who has (has) a degree (qualification) that provides for the possibility of performing the functions of an interpreter in the relevant foreign language (s) is entitled to carry out for use in the bank translation into Russian of the documents required to be submitted to the bank in order to open a bank account, a deposit account, drawn up in a foreign language. The translation must be signed by the person who made the translation, indicating his position or details of the document proving his identity, last name, first name, patronymic (if any) and his degree (qualification).
(Clause 1.13 as amended by Bank of Russia Ordinance No. 2868-U dated August 28, 2012)
1.14. Documents (their copies) collected by the bank when opening a bank account, deposit accounts are placed in a legal file, formed in accordance with the requirements established by Chapter 10 of this Instruction.
Documents in electronic form on the issues of opening a bank account, a deposit (deposit) account are stored in the manner established by banking rules, with the requirements of paragraph 10.6 of this Instruction.
Chapter 2. Types of bank accounts, accounts on deposits (deposits)
2.1. Banks open in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; correspondent accounts; correspondent sub-accounts; trust management accounts; special bank accounts; deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries; deposit accounts.
2.2. Current accounts are opened for individuals to carry out settlement transactions that are not related to entrepreneurial activity or private practice.
2.3. Settlement accounts are opened for legal entities that are not credit institutions, as well as individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, for making settlements related to entrepreneurial activity or private practice. Settlement accounts are opened for representative offices of credit organizations, as well as for non-profit organizations to make settlements related to the achievement of the goals for which non-profit organizations were created.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
2.4. Budget accounts are opened in the cases established by the legislation of the Russian Federation for persons carrying out operations with funds from the budgets of all levels of the budgetary system of the Russian Federation and state non-budgetary funds of the Russian Federation.
2.5. Correspondent accounts are opened for credit institutions. The Bank of Russia opens correspondent accounts in foreign currencies.
2.6. Correspondent sub-accounts are opened for branches of credit institutions.
2.7. Trust management accounts are opened for a trust manager to make settlements related to trust management activities.
2.8. Special bank accounts, including special bank accounts of a bank payment agent, a bank payment subagent, a payment agent, a supplier, a trading bank account, a clearing bank account, a payment system guarantee fund account are opened for legal entities, individuals, individual entrepreneurs in cases and in the manner established by the legislation of the Russian Federation for the implementation of the operations of the corresponding type provided for by it.
(Clause 2.8 as amended by Bank of Russia Ordinance No. 2868-U dated August 28, 2012)
2.9. Deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries are opened respectively for courts, divisions of the bailiff service, law enforcement agencies, notaries for crediting funds received for temporary disposal, when they carry out activities established by the legislation of the Russian Federation and in accordance with the legislation of the Russian Federation cases.
2.10. Accounts on deposits (deposits) are opened for individuals and legal entities to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of placed funds.
(as amended by Bank of Russia Directive No. 2342-U dated November 25, 2009)
Chapter 3. Opening a current account for an individual
3.1. To open a current account for an individual - a citizen of the Russian Federation, the following are submitted to the bank:
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
b) a card (except for the cases provided for in clause 1.12 of these Instructions);
d) certificate of registration with the tax authority (if any).
3.2. To open a current account for an individual - a foreign citizen or stateless person, the documents specified in clause 3.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, are submitted, if their presence is provided for by the legislation of the Russian Federation.
(As amended by Bank of Russia Instructions No. 2009-U dated May 14, 2008, No. 2342-U dated November 25, 2009)
Chapter 4. Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the legislation of the Russian Federation
4.1. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, the following must be submitted to the bank:
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
b) constituent documents of a legal entity.
Legal entities operating on the basis of a model charter approved by the Government of the Russian Federation; operating on the basis of model regulations on organizations and institutions of the corresponding types and types, approved by the Government of the Russian Federation, and charters developed on their basis; operating on the basis of a model provision and a charter, submit the said documents.
State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies submit legislative and other regulatory legal acts adopted in accordance with the procedure established by the legislation of the Russian Federation, decisions on their creation and legal status.
Paragraphs four - five have lost their force. - Instruction of the Bank of Russia dated May 14, 2008 N 2009-U;
c) licenses (permits) issued to a legal entity in accordance with the procedure established by the legislation of the Russian Federation for the right to carry out activities subject to licensing, if these licenses (permits) are directly related to the client's legal capacity to conclude a bank account agreement of the appropriate type;
d) card;
e) documents confirming the authority of the persons indicated in the card to dispose of the funds in the bank account, and in the case when the agreement provides for the certification of the rights to dispose of the funds in the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature;
f) documents confirming the powers of the sole executive body of the legal entity;
g) a certificate of registration with a tax authority, or a document issued by a tax authority in cases stipulated by the legislation of the Russian Federation for the purpose of opening a bank account.
(clause "g" as amended by the Directive of the Bank of Russia dated November 25, 2009 N 2342-U)
4.2. To open a current account for a legal entity (including a correspondent account of a credit institution) established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, the following shall be submitted to the bank:
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
a) the documents provided for in subparagraphs "c", "e", "f" and "g" of paragraph 4.1 of this Instruction;
b) documents confirming the legal status of a legal entity under the laws of the country in whose territory this legal entity is established, in particular, documents confirming its state registration;
(clause "b" as amended by the Directive of the Bank of Russia dated May 14, 2008 N 2009-U)
c) card.
To open a correspondent account for a credit institution established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, the bank has the right to accept an album instead of a card. At the same time, it is not required to establish the identity of the persons indicated in the album, authorized to dispose of the funds on the correspondent account, unless otherwise specified by the credit institution in the banking rules.
(as amended by Bank of Russia Directive No. 2342-U dated November 25, 2009)
To open a correspondent account for a central (national) bank of a foreign state, the bank shall submit legislative and (or) other regulatory legal acts on its legal status, an album, as well as a document provided for by subparagraph "g" of paragraph 4.1 of this Instructions, if in accordance with the legislation of the Russian Federation it must be received.
4.3. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following are submitted to the bank:
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
a) the documents specified in paragraph 4.1 of these Instructions;
b) provision on a separate subdivision of a legal entity;
c) documents confirming the powers of the head of a separate subdivision of a legal entity;
d) a document confirming the registration of the legal entity with the tax authority at the location of its separate subdivision.
4.4. To open a current account for a legal entity established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following shall be submitted to the bank:
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
a) documents provided for in clause 4.2 of this Instruction;
b) the documents provided for in subparagraphs "b" and "c" of paragraph 4.3 of this Instruction.
In the cases stipulated by the legislation of the Russian Federation, documents are also submitted confirming that an entry has been made in the consolidated state register of representative offices of foreign companies accredited in the territory of the Russian Federation or in the state register of branches of foreign legal entities accredited in the territory of the Russian Federation.
4.5. To open a current account, the embassy, consulate, as well as other diplomatic and equivalent representation of a foreign state, the documents provided for in subparagraphs "d", "e" and "g" of paragraph 4.1 of this Instruction are submitted to the bank.
In order to open a current account, a diplomatic mission and an equivalent representative office of a foreign state must additionally submit documents confirming the status of the representative office.
(Clause 4.5 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
4.6. To open a settlement account of an international organization, an international agreement, charter or other similar document confirming the status of the organization, as well as the documents provided for in subparagraphs "d", "e", "f" and "g" of paragraph 4.1 of these Instructions are submitted to the bank.
To open a current account for a separate subdivision of an international organization for transactions by this separate subdivision (branch, representative office) located on the territory of the Russian Federation, the documents specified in subparagraphs "b" and "c" of paragraph 4.3 of these Instructions are additionally submitted to the bank.
(Clause 4.6 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
4.7. To open a current account for an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the bank is provided with:
a) an identity document of an individual;
b) a card;
c) documents confirming the powers of the persons indicated in the card to dispose of the funds in the bank account (if such powers are transferred to third parties), and in the case when the agreement provides for the certification of the rights to dispose of the funds in the 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;
d) certificate of registration with the tax authority;
e) certificate of state registration as an individual entrepreneur;
f) licenses (patents) issued to an individual entrepreneur or a person engaged in private practice, in accordance with the procedure established by the legislation of the Russian Federation, for the right to carry out activities subject to licensing (regulation by issuing a patent).
The notary shall submit a document confirming the empowerment (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 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.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
4.8. To open a budget account for a legal entity, along with the documents provided for in subparagraphs "a", "b", "d", "e", "e" and "g" of paragraph 4.1 of this Instruction, in cases established by the legislation of the Russian Federation, a document confirming the legal entity's right to bank services.
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
4.9. In order to open a correspondent account for a credit institution established in accordance with the legislation of the Russian Federation, the credit institution shall submit, along with the documents specified in Clause 4.1 of these Instructions, a letter from the territorial branch of the Bank of Russia confirming the approval of candidacies of employees of the credit institution, whose appointment to positions in accordance with with the legislation of the Russian Federation is subject to agreement with the Bank of Russia, when indicating these persons in the card.
(As amended by Bank of Russia Instructions No. 2009-U dated May 14, 2008, No. 2868-U dated August 28, 2012)
To open a correspondent account for a credit institution established in accordance with the laws of the Russian Federation, the Bank of Russia shall submit the documents specified in Clause 4.1 of this Instruction, except for the documents specified in subclauses "a", "b" and "c" of Clause 4.1 of this Instruction.
2868-U)
To open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the Bank of Russia shall submit the documents specified in Clause 4.3 of this Instruction, with the exception of the documents specified in Sub-clauses "a", "b" and "c" of Clause 4.1 of this Instruction and subparagraphs "b", "c" of paragraph 4.3 of this Instruction.
(the paragraph was introduced by Instruction of the Bank of Russia dated August 28, 2012 N 2868-U)
4.10. In order to open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, in the cases established by Bank of Russia regulations, along with the documents specified in clause 4.3 of this Instruction, a notice is submitted to the bank about entering information about the opening of a branch in the State Book registration of credit institutions and assignment of a serial number to it, as well as a letter from the territorial branch of the Bank of Russia confirming the approval of candidacies of employees of the branch of the credit institution, whose appointment to positions is subject to approval by the Bank of Russia, if these persons are indicated in the card.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
4.11. To open a correspondent account in foreign currency or a special bank account for the Bank of Russia, the following must be submitted to a credit institution:
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
a) certificate of state registration of a legal entity;
b) certificate of registration with the tax authority;
c) card or album.
(as amended by Bank of Russia Directive No. 2342-U dated November 25, 2009)
4.12. In order to open accounts for the trust manager for settlements on activities related to trust management (trust management accounts), the following shall be submitted to the bank:
a) documents specified in paragraphs 4.1 or 4.7 of these Instructions;
b) an agreement on the basis of which trust management is carried out.
4.13. To open a special bank account, the same documents are submitted to the bank as for opening a current account, correspondent account or current account, subject to the requirements of the legislation of the Russian Federation.
When opening a special bank account for a bank payment agent, a bank payment subagent, a payment agent, a supplier, the bank must have information, respectively, on the agreement on engaging a bank payment agent (bank payment subagent), on the agreement on carrying out activities for accepting payments from individuals. The procedure for fixing the specified information is determined by the bank independently in the banking rules.
(Clause 4.13 as amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
Chapter 5. Opening accounts for deposits (deposits)
In the cases and in the manner provided for in the banking rules, the bank may use a copy of the card obtained using scanning devices, certified by an analogue of the handwritten signature of the bank's chief accountant (his deputy) or an authorized person. At the same time, it should be possible to reproduce a copy of the card obtained using scanning devices on paper in the form established by Appendix 1 to these Instructions.
(the paragraph was introduced by Instruction of the Bank of Russia dated November 25, 2009 N 2342-U)
7.4. Forms of cards are made by clients, bank independently.
Acceptance by the bank of a card with a different number or arrangement of fields is not allowed.
An arbitrary number of lines is allowed in the fields "Account holder", "Cash checks issued", "Other notes", "Last name, first name, patronymic" and "Signature sample" taking into account the number of persons with the rights of the first or second signature, as well as in the field "N bank account" in the case provided for in clause 7.3 of this Instruction.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
When making a card, an interlinear indication of the translation of the fields of the card in the languages of the peoples of the Russian Federation, as well as in foreign languages, is allowed.
The "Sample Seal Imprint" field should provide for the possibility of putting a seal imprint with a diameter of at least 45 mm, without going beyond the boundaries of this field.
7.5. The right of the first signature belongs to the client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The right of first signature may belong to individuals on the basis of an appropriate power of attorney issued in cases and in the manner established by the legislation of the Russian Federation, by an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.
The right of the first signature belongs to the head of the client - a legal entity (the sole executive body), as well as other employees (with the exception of the persons specified in paragraph 7.6 of this Instruction), endowed with the right of the first signature by the client - a legal entity, including on the basis of an administrative act, a power of attorney issued in the manner prescribed by the legislation of the Russian Federation.
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
The head of a separate subdivision of a client - a legal entity, if he has the appropriate authority, has the right, by his administrative act or on the basis of a power of attorney issued in the manner established by the legislation of the Russian Federation, to give the right of first signature to employees of this separate subdivision (with the exception of the persons specified in clause 7.6 of this Instructions).
In cases and in accordance with the procedure provided for by the legislation of the Russian Federation, the right of first signature may be transferred to third parties, including a clearing organization, payment system operator, central payment clearing counterparty, manager or managing organization.
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
If the managing organization, which performs the functions of the sole executive body, grants its employees or employees of the client - legal entity the right of first signature on behalf of the client - legal entity, such a right may be granted on the basis of an administrative act of the managing organization or a power of attorney issued in the manner established by the legislation of the Russian Federation.
The sole executive body of the managing organization may act as the person having the right of first signature.
(Clause 7.5 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
7.6. The right of the second signature belongs to the chief accountant of the client - legal entity and (or) persons authorized to maintain accounting on the basis of the administrative act of the client - legal entity.
Persons authorized to maintain accounting in a separate subdivision of a client - a legal entity, may be granted the right of a second signature on the basis of an administrative act of the head of this separate subdivision, if he has the appropriate authority.
In the event that accounting is transferred to third parties in accordance with the procedure established by the legislation of the Russian Federation, the client - a legal entity may grant the right of a second signature to these persons.
(Clause 7.6 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
7.7. The head of the client - legal entity, individual entrepreneur and chief accountant of the client - legal entity may not be indicated in the card as persons entitled, respectively, to the first or second signature, provided that the right of the first or second signature is granted to other persons.
(as amended by Bank of Russia Directive No. 2342-U dated November 25, 2009)
7.8. To issue a card, only documents confirming the status of the persons indicated in the card are submitted to the embassy or consulate. If an international agreement ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an official of an embassy or consulate to authenticate the signatures of employees of the relevant embassy or consulate, then the bank has the right to accept a card in which the authenticity of the signatures of these employees is certified by the specified official.
7.9. The right of the first or second signature may be given simultaneously to several employees of a legal entity.
Giving one natural person the right of first and second signature at the same time is not allowed.
7.10. If the head of the client - a legal entity, in the cases provided for by the legislation of the Russian Federation, conducts accounting personally, the card shall be affixed with a handwritten signature (signatures) of the person (persons) vested with the right of only the first signature.
At the same time, in the card opposite the field "Second signature" in the fields "Last name, first name, patronymic" and "Sample signature" it is indicated that the person entitled to the second signature is absent.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
7.11. A sample of the imprint of the seal of a legal entity (branch, representative office), affixed by the client in the card, must correspond to the seal that the client has.
The provisional administration for the management of a credit organization shall affix an imprint of a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the provisional administration for the management of a credit organization.
The bankruptcy commissioner (liquidator), the external administrator affixes an imprint of the seal used by him in the implementation of bankruptcy proceedings (liquidation), external administration.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
7.12. The authenticity of handwritten signatures of persons entitled to the first or second signature may be certified by a notary. The Bank accepts a card in which the authenticity of the signatures of all persons entitled to the first or second signature is certified by one notary.
(Clause 7.12 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
7.13. The card can be issued without notarization of the authenticity of signatures in the presence of an authorized person in the following order:
7.13.1. The authorized person establishes the identity of the persons indicated in the card on the basis of the submitted identity documents.
7.13.2. The authorized person establishes the powers of the persons indicated in the card on the basis of studying the constituent documents of the client, as well as documents on vesting the person with the appropriate powers.
7.13.3. The persons indicated in the card, in the presence of an authorized person, put their own signatures in the corresponding field of the card. Blank lines are filled with dashes.
7.13.4. In confirmation of the signatures of these persons in the presence of an authorized person, the authorized person fills in the field "Place for a certification inscription on the authentication of signatures" in the bank in the presence of an authorized person in the manner prescribed by clause 2.9 of Appendix 2 to these Instructions.
7.14. The card is valid until the termination of the bank account agreement, closing of the deposit (deposit) account or until it is replaced by a new card.
In case of replacement or addition of at least one signature and (or) replacement (loss) of the seal, change of surname, name, patronymic of the person indicated in the card, in cases of change of the name, organizational and legal form of the client - a legal entity, or in case of early termination of the authorities management of the client in accordance with the legislation of the Russian Federation, as well as in the event of suspension of the powers of the client's management bodies in accordance with the legislation of the Russian Federation, the client presents a new card.
(as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
The presentation of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the authority of the persons indicated in the card to dispose of the funds in the bank account, as well as documents proving the identity of the person (persons) endowed with the right of the first or second signature. The Bank is not entitled to accept a new card without presenting the said documents, except for the cases when the said documents were submitted to the Bank earlier and the Bank already has them.
(the paragraph was introduced by Instruction of the Bank of Russia dated November 25, 2009 N 2342-U)
7.15. The Bank is entitled to make changes in the fields "Location (place of residence)", "tel. N" of the card upon a written application of the client.
The Bank has the right to independently make changes to the fields "Bank", "Mark of the bank", "Bank account number", "Term of authority", "Cash checks issued" of the card.
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
Cases when it is allowed to make changes to the fields "Location (place of residence)", "tel. N", "Bank", "Bank mark", "Bank account number", "Term of authority", "Cheques issued" of the card, determined by the bank in banking rules.
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
The paragraph is invalid. - Instruction of the Bank of Russia dated August 28, 2012 N 2868-U.
The Bank has the right to make corrections in the fields of the card, drawn up in the manner prescribed by paragraph 7.13 of these Instructions, when filling in which errors were made.
The procedure for making changes and corrections to the fields of the card is determined by the bank independently in the banking rules. When making changes and corrections, strikethrough of the text is carried out with a thin line so that you can read the strikethrough.
(Clause 7.15 as amended by Bank of Russia Directive No. 2342-U dated November 25, 2009)
7.16. If the right of the first or second signature is granted temporarily to persons not specified in the card, temporary cards drawn up in the manner prescribed by this Instruction shall be submitted to the card. In this case, in the upper right corner on the front side of the card, the mark "Temporary" is put down.
7.17. The front and back sides of the card are filled in in the manner prescribed by Appendix 2 to this Instruction.
Chapter 8. Closing a bank account
8.1. The basis for closing a bank account is the termination of the bank account agreement.
8.2. After the termination of the bank account agreement, credit and debit operations on the client's account are not carried out, with the exception of the operations provided for in clause 8.3 of this Instruction. The funds received by the client after the termination of the bank account agreement are returned to the sender.
8.3. After the termination of the bank account agreement, before the expiration of seven days after receiving the corresponding written application from the client, the bank issues the balance of funds on the account to the client or transfers it by payment order.
(Clause 8.3 as amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
8.4. In connection with the termination of the bank account agreement, the client is obliged to hand over to the bank unused cash checkbooks with the remaining unused cash checks and stubs in the manner prescribed by the legislation of the Russian Federation.
8.5. In the absence of funds on the bank account, an entry on the closure of the corresponding personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the bank account agreement is terminated.
The presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds on a bank account in the absence of funds on the bank account does not prevent the entry of an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
If there are funds in the bank account on the day of termination of the bank account agreement, an entry on the closure of the corresponding personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the funds were debited from the account.
In case of termination of the bank account agreement in the presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds in the bank account and in the presence of funds in the account, an entry on the closure of the corresponding personal account in the Book of registration of open accounts is made after the cancellation of these restrictions no later than the business day following the day the money is debited from the account.
The presence of unfulfilled settlement documents does not prevent the termination of the bank account agreement and the entry of an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.
To close the debtor's account during bankruptcy proceedings, the bankruptcy trustee submits an identity document, a copy of the judicial act on the approval of the bankruptcy trustee in the bankruptcy case of the debtor, a written application for closing a bank account indicating the details of the bank account to which the balance of funds in the account is to be transferred , bank details of the recipient of funds. If the order to transfer the balance of funds on the account is drawn up and signed by the bank, the card is not submitted to the bank.
(the paragraph was introduced by Instruction of the Bank of Russia dated August 28, 2012 N 2868-U)
(Clause 8.5 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
Chapter 9. Closing an account on a deposit (deposit)
9.1. The basis for closing a deposit (deposit) account is the termination of the deposit (deposit) agreement, including its execution.
9.2. An entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts shall be made by the bank on the day when a zero balance appears on the deposit (deposit) account, unless otherwise provided by the deposit (deposit) agreement.
(Clause 9.2 as amended by Instructions of the Bank of Russia dated May 14, 2008 N 2009-U)
9.3. Closing of deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries is carried out in the manner prescribed by this chapter, unless otherwise provided by the legislation of the Russian Federation.
Chapter 10
10.1. A legal case is formed by the bank for each bank account, deposit account of the client.
One legal case can be formed on several client accounts. The cases and procedure for the formation of one legal case on several customer accounts are determined by the bank in the banking rules.
(As amended by Bank of Russia Directive No. 2868-U dated August 28, 2012)
The client's legal case is assigned a serial number in accordance with banking rules.
If the person who applied to the bank to open a bank account, deposit account, is a representative of several clients, the bank has the right to place copies of documents (or information about their details) proving the identity of the representative, as well as documents confirming that he has appropriate authority, in the legal case of one of the clients in whose interests the representative acts. At the same time, the legal files of other clients must contain information indicating the legal file in which the specified documents of the representative of these clients are placed. The cases and procedure for the formation of legal cases of clients, on behalf of which one representative acts, are determined by the bank in the banking rules.
(the paragraph was introduced by Instruction of the Bank of Russia dated November 25, 2009 N 2342-U)
10.2. In a legal case are placed:
documents and information submitted by the client (his representative) when opening a bank account, deposit account, as well as documents submitted in case of changes in the specified information;
bank account agreement(s), deposit (deposit) accounts, amendments and additions to the said agreement(s), other agreements defining the relationship between the bank and the client on opening, maintaining and closing a bank account, deposit (deposit) account;
documents relating to the bank sending messages to the tax authority on the opening (closing) of a bank account;
correspondence between the bank and the client on opening, maintaining and closing a bank account, deposit account;
expired cards;
other documents relating to relations between the client and the bank on opening, maintaining and closing a bank account, deposit account.
The cards presented and used in customer service shall be stored in a place determined by the bank independently.
(Clause 10.2 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
10.3. When seizing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (decree) of the state body, documents received by the bank during the seizure (seizure) of the document (its copy) are placed in the legal file.
When drawing up one document when seizing (seizure) documents from several legal cases, the document (its copy) received by the bank when seizing (seizure) of documents is placed in one of the legal files, copies of the specified document certified by the bank are placed in other legal cases.
When seizing (withdrawing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures in the circumstances to place in the legal file a duly certified copy of the document being withdrawn.
10.4. The Bank is obliged to exclude unauthorized access to the legal files of clients during their storage.
10.5. In case of termination of servicing a client in one division of the bank and transferring him for servicing to another division of the bank, the legal case may be transferred from one division of the bank to another in the manner prescribed by banking rules.
(Clause 10.5 as amended by Bank of Russia Directive No. 2009-U dated May 14, 2008)
10.6. Legal cases are kept by the bank during the entire period of validity of the bank account agreement, deposit account, and after the termination of relations with the client - for the period established by the legislation of the Russian Federation.
The terms for storing documents in electronic form relating to the relationship between the bank and the client regarding the opening, maintenance and closing of a bank account, a deposit (deposit) account must be no less than the terms for storing the relevant legal file of the client.