Currency forwards. forward transaction
In order for a legal entity or an individual entrepreneur to participate in public auctions, they need to deposit a security deposit into a special account. You can also open a special account for public procurement under 44-FZ at Sberbank, which has received permission for this action. But before entering into an agreement and becoming the owner of an account, you need to figure out what it is and why a separate account is needed for transactions related to government orders.
What is a special account for government orders
In July 2020, legislators changed normative act 44-FZ, which stipulates the need to conclude a contract for purchases made for state and municipal needs. To ensure the fulfillment of the order, an open special account must be created, where the supplier deposits funds, and after his choice, the money is blocked until the conditions of the state order are met.
The characteristics show that the special account is very similar to the standard settlement product and differs only in that the money on it can be blocked by the procurement operator. Thus, the following features can be distinguished from a special account:
The remaining funds are still available to the account holder, he can use them as he pleases. There are no restrictions on amounts not related to government contracts.
Advantages of opening a special account with Sberbank
When opening a special account for a public procurement participant, it should be borne in mind that this can only be done in banks that have been verified and are considered authorized. Sberbank belongs to them, but cooperation with it has its positive nuances, including:
- entry of Sberbank into the list credit organizations authorized to open and maintain special accounts;
- high speed of opening a special account, customers can start using it almost immediately after visiting the bank;
- the bank independently notifies the electronic platform about the new account of the procurement participant;
- the client does not need to pay for opening a current account.
If the client is new, then for him it will be necessary to personally visit the bank branch, choosing from those that can serve corporate clients. With the current status of a Sberbank client, an electronic document management system can be used for a special account. Previously, the bank did not participate in the electronic trading process to such an extent, and its role was limited to processing payments. At the moment, the companies are intermediaries and participate in the blocking of funds.
Despite the seriousness of the special account, Sberbank did not complicate the procedure for opening it, the client only needs to bring everything Required documents requested by the institution and write an application.
Opening conditions
In order to obtain an account suitable for trading, the conditions for opening an account suggest that the client must be accredited in advance on the electronic trading platform. That is, he is obliged to register on it and confirm his desire to participate in the auction by entering his own details. One of the mandatory requirements is the presence of an electronic signature of the enterprise, which can be obtained in one day.
Naturally, an individual entrepreneur or legal entity must have all the documents necessary for an account so that they can confirm their status, payment of taxes and participation in auctions. Additionally, there is a condition that in order to open an account, the person who will manage it must apply, in large companies - this Chief Accountant or a separately appointed person, for which an internal order must be issued.
Package of documents
Opening a special account with Sberbank, intended for a government contract, appears only if the company provides all the necessary documentation. For legal entities, it is necessary to bring constituent papers, for example, the Charter. These can be originals, and if copies are taken, they must be notarized or contact the body that registered the legal entity for this. In some cases, if there are original papers, then you can check them and confirm them at the bank.
Also legal. individuals must submit an extract from unified register such subjects, and you will need the original, which is certified electronic signature FTS. This task is performed by the bank, and the statement itself must be generated on the day the client contacts financial institution. In order to avoid problems in the future, for the special account they will also be asked to provide a card with the signatures of the management team and the official seal. It is certified by a notary or in a bank, but in the latter case, authorized persons must be present, who entered their data into the card.
To open a special account, you will need informational information the client in the form approved by the bank, as well as orders and other internal instructions, which display the appointment of persons from the card with signatures. This document should also prescribe the authority to dispose of money or their absence. In addition to the above, the list of documents intended for opening a special account can be supplemented with papers:
- confirming the authority of the executive body jur. faces;
- identity cards of people authorized to manage the account;
- licenses for the right to conduct activities, if such activities require such permits;
- license documents for working with state secrets, if any.
Individual entrepreneurs will require almost the same list of papers, but there are differences. Be sure to take the original identity card with you to the bank, as well as a document that confirms the assignment of the TIN. If for legal persons need an extract from their register, then an individual entrepreneur will need the same document, but from the unified register of individual entrepreneurs. If possible, these documents must be provided in the original, and the extract must also be confirmed by the Federal Tax Service.
Important! With regard to documents authorized to manage the account and their signatures, these requirements remain in force. If an entrepreneur works in a field subject to licensing, or deals with state secrets, then such papers as legal. individuals, he should also provide. If the account is opened in electronic system, then persons must provide SNILS in the form of an original or a copy, in this case there are no unique requirements for the form of the document.
Opening procedure
Before opening a special account for public procurement under 44-FZ with Sberbank, a client needs to be accredited on an electronic trading platform. This must be done separately in the case of each, while Sberbank also has a similar system. Also, the company needs to provide in scanned form all the main documents, for example, constituent papers, an extract from the Unified State Register of Legal Entities, as well as confirmation of the authority of the person undergoing registration.
The procedure for opening a special account in a bank lasts for five working days. At this time, site operators will review the submitted application and notify the client of the decision. If it is positive, then permission to participate in tenders will be valid for three years. After that, it remains only to fill out an application, the form of which is on the Sberbank website, and bring it with all other documents to the bank branch. Be sure to choose an office that works with corporate clients; ordinary branches do not have such an opportunity.
When Sberbank receives the papers and completes the procedure, it will independently notify the trading platform where the company is registered about opening an account.
Opening date
Since a special account is a standard settlement account, the term for opening it does not differ from it. Sberbank promises that the client will be able to use his account on the day of application, that is, until the end of the day, at most - the next banking day it will be created. Informing electronic platforms is carried out on the same day when the account was opened, when closing, similar information is also sent in compliance with the deadlines.
Tariffs
Like any other banking product, special Sberbank accounts are also serviced, and you will need to pay extra for some operations. But since they are not included in service packages, the rates are different from standard bills. All basic operations, such as maintaining an account with RBS (formation of electronic documentation, crediting funds, transfers and paying taxes) and opening an account, are free of charge. Even if there are no transactions on it for five months, the cost of services for the client will not increase in any way.
The bank will require 50 rubles for each processing of a request related to the blocking of funds received from the electronic platform. But unlocking will be free, and nothing is withheld from the client in this case. If an account is opened budget organization, then no such commission will be charged from them. And on the balance of funds that is stored on the account, 0.01% per annum will be charged, this applies even to those funds that are in a state of blocking.
A special account with Sberbank is opened by suppliers who want to participate in government auctions. It will store money that will become a security for transactions and will be blocked when applying for a tender. If the organization or entrepreneur does not want or cannot participate in the order after selection, then the funds will be transferred to the customer in case of a penalty.
Participation in the state defense order is the same business as others. But there are some nuances. The head contractor is obliged to open a special bank account functioning in individual mode. The special account is used by the state in order to ensure maximum transparency of transactions and protect the interests of both parties. Reservation of an account with Sberbank for the state defense order is possible on the basis of federal law No. 44 of 04/05/2013. The credit institution is among the authorized banks for the implementation of this procedure.
Each financial institution establishes its own rules for such an operation. When reserving an account at the Savings Bank, non-cash cash for the state defense order are accepted on the day of its opening.
The contractor is given five days to collect the necessary documentation, if within specified period the papers are not received, the money is returned to the customer, the special account is closed. You can make a reservation online, without visiting the bank office.
How can I use a special account
You can spend the funds stored in an account with Sberbank only to pay an advance for the work performed, or to meet the needs of the implementation of the state order.
The write-off occurs after a special order, which indicates the number of the identifier of the government contract, the transfer is made to a special account for the State Defense Order. However, there are some exceptions:
- Payments to the budget, such as taxes or insurance;
- Paying fees for products whose cost is regulated by the state;
- Settlement with foreign contractors who took part in the defense order;
- Receipt of income specified in the agreement and approved by both parties to the agreement;
- Other expenses not exceeding three million rubles.
In accordance with Article 76 Tax Code The Russian Federation may suspend operations on a special account to recover overdue contributions. After the bank receives a notification from the customer that the contract has been successfully completed, the account service is terminated.
What operations cannot be performed?
From special accounts it is forbidden to make payments for loans and borrowings, except for those payments that are specified in the contract. It is impossible to issue funds to individuals, with the exception of compensation payments employees or the transfer of their wages.
The money kept on the account cannot be:
- spend on charity
- contribute to the authorized capital of a third-party company;
- spend on foreign currency precious metals or shares;
- transfer to a settlement account in a third-party bank;
- be used to enforce the agreement on the assignment of the right to claim.
It is forbidden to keep money on deposits if the amount and the interest accrued on it are not credited to a special account. They also cannot be used to enforce the contract.
It is allowed to carry out write-offs for such executive documents, how:
- Payment of wages or severance pay;
- Compensation for damage to health or life;
- Payments to the budget of the Russian Federation.
Banking support
In order for the participants in the execution of the agreement to be able to settle through a special account, it is necessary to sign an agreement on banking support. Reserving a separate settlement account for the state defense order with Sberbank can be done in just five minutes.
- Use the online reservation service (special account will be available immediately);
- Provide to the office within a year savings bank a package of necessary documentation;
- After all papers are verified, you will be able to conduct transactions.
You will also need to apply for in electronic format on joining Sberbank Business Online. To create an application, follow the step-by-step instructions:
- Go to the Personal Account;
- Find the category "Services" - "Application";
- In the list, select the line "Application for accession";
- Create a document by filling in all the required fields;
- Select the type of deposit, specify its size, currency type, placement period and rate;
- Confirm acceptance of the terms of placement and save the information;
- A password will come to the phone, it must be entered in a special field - this is an analogue of an electronic signature.
A sample application can be printed out in Sberbank Business Online, only all fields will have to be filled in manually.
Conclusion
You can reserve an account with Sberbank under the state defense order through Internet banking or by contacting specialists for help. contact center by number 8-800-555-57-77.
On 03/05/2020, Government Decree No. 509-r dated 03/04/2020 was published on the legal information portal on supplementing the bank lists in which participants open special accounts. From 03/04/2020, the Joint Stock Company "Bank DOM.RF" was included in this list. But it will be possible to open a special account in it only when he concludes agreements with electronic platforms.
In 2019, the Joint Stock Company was added to this list. commercial Bank"NOVIKOMBANK", and at the beginning of 2020 supplemented the list with a limited liability company "Home Credit and Finance Bank" and joint stock company « Russian Bank support for small and medium businesses”. Information is published on the website of the Sberbank-AST electronic platform that so far these banks have not been integrated.
We figured out how banks work and made step by step instructions, which will tell you how to open a special account for 44 Federal Laws in Sberbank, VTB and other banks from the list of the Ministry of Finance. Read the article or watch the video tutorial to find out how the work with special accounts for government orders works.
About individuals
Vitaly Bairashev, Institute of Public Procurement
Despite assurances from the Ministry of Finance, largest banks from the list (Decree of the Government of the Russian Federation of July 13, 2019 No. 1451-r) still refuse to open special accounts for individuals. Probably, banks were not ready for such a format of work and are now hastily adapting regulations and technical means to work with individuals. On the websites of many banks there is simply no procedure for opening special accounts. individuals. Still, more than 99% of suppliers are legal entities and individual entrepreneurs. And individuals participate in purchases sporadically, which is why banks could not predict the demand for the special account service on their part.
In Sberbank, for example, they still do not know about the special account, but they open a “Procurement Participant Account”. In one of the chats, they offered the following step-by-step instructions:
Step 1. Come to any branch of Sberbank that serves individuals.
Step 2. Approach the teller and say that you are opening a “Procurement Participant Account”. If they say that they do not open or send to the department for working with legal entities, do not give up and insist on opening a special account.
Step 3. The operator opens an account. And if he doesn’t know how to do it, he calls the internal consultation line for instructions.
Step 1. Understand if you need to open
Since July 2020, the special account for participation in the auction 44 FZ has become optional. It is required in order to deposit the application security. Marketplaces are now able to accept bank guarantees, so a special account is not the only way to secure an application. Open or not - the supplier decides. If you do not want to issue a bank guarantee for each purchase, open a special account. If you plan to use bank guarantees, do not open.
A special account for securing applications 44 FZ is not needed if you participate:
- in purchases without collateral;
- in non-competitive bidding.
Step 2. Check the bank in which the current account is already opened
Legislators did not oblige suppliers to use only a separate bank account as a special account for a procurement participant. You can create it based on the calculated one. But for this, it is necessary that the bank with which you are already cooperating be included in the list of the Ministry of Finance (approved by government decree No. 1451-r of 07/13/2018). It was replenished several times, now 25 organizations are approved. Here are all the banks where you can open a special trading account:
- Sberbank of Russia.
- Gazprombank.
- Russian Agricultural Bank.
- Alfa Bank.
- Moscow credit bank.
- Opening.
- Raiffeisenbank.
- Rosbank.
- All-Russian Bank development of regions.
- Promsvyazbank.
- RUSSIA.
- St. Petersburg.
- Sovcombank.
- Russian National Commercial Bank.
- OTP Bank.
- UniCredit.
- Renaissance.
- Tinkoff.
- AK BARS.
- Northern Sea Route.
- NOVIKOMBANK.
- Home Credit and Finance Bank.
- Russian Bank for Support of Small and Medium Enterprises.
- DOM.RF.
If the bank is not on the list of the Ministry of Finance, it is impossible to open a special account in it to participate in the auction!
If your bank is among those selected, consider yourself lucky. Call the manager, say that you want to use the "calculator" as a special one. The bank will draw up an additional agreement. We give the Gazprombank template as an example. In some cases, you will need to write an application first. At this step, the instruction is over for you. The following steps will come in handy if your bank does not yet provide such a service, or if you want to have a separate special account for trading 44 FZ, or several in different banks- The legislation does not prohibit it.
If your bank is not on the list of the Ministry of Finance, then you will have to open a special account from scratch - proceed to the next step of the instruction.
Step 3. Choose a bank
At this stage, it is important to evaluate not only the reliability and conditions of each bank, but also the form in which they provide the service of a special account for public procurement. We have already mentioned that not all banks to open a special account for trading promptly got involved in the work under the new rules. For example, you can open a separate special account in Otkritie Bank, but in Rosbank you will have to open a “settler” for this. Some offer to open a "special current account" - this is not very convenient, since you will have to pay for another "settler". And for special legislation provided for special conditions.
We called the banks and collected information about the special account under 44 Federal Laws: how they work, in what form a special account is opened, what is needed, the tariffs for servicing a special account for trading. This will help you save a lot of time and make the right choice. Please note that most banks require accreditation at one of the ETPs under 44-FZ. We noted in the table those who focused on this.
The table is current as of 01.10.2019. Information obtained from bank support specialists and may change over time.
How does it work |
What is the price |
Features and Forms |
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---|---|---|---|---|---|---|
Sberbank |
The bank opens a separate account. |
Blocking of money for each operation to secure the application - 50 rubles (valid until 02/28/2019). |
The one who manages the account is contacting. You will need to provide documents, both for opening a new "settlement account", and an application. Of the features: you will need to provide copies of licenses and patents, if any. |
|||
Opens only a separate special account. |
Opening and maintenance is free. |
A simplified procedure for current account holders: write an application, and then sign an agreement. To open from scratch, you will need to provide a package of documents similar to a new current account, plus an application and a questionnaire. Look full list documents: |
||||
Gazprombank |
Opens a separate special account or expands the functionality of a settlement account. |
Opening - 3000 rubles. Service:
You will have to pay for the service only if there were transactions on the account during the month. |
In addition to the application and the standard package, you will need to provide:
|
|||
Rosselkhozbank |
Opens a separate account. |
Opening and maintenance is free. The accrual of interest on the balance is set on individual terms. |
To open an account, submit a standard package of documents to the bank branch. At the branch, you will need to sign an additional agreement with the bank. |
|||
Alfa Bank |
Opens a separate account. |
Special + current account - opening and maintenance is free. Only a special account - according to the tariffs for cash and settlement services. |
A standard package of documents for opening an account is provided. Additionally, the bank will request:
|
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Moscow credit bank |
Opens a separate account. |
There are bank branches only in Moscow and the Moscow region! To open, collect a standard package and leave an application on the site. Forms are sent by mail after confirmation of the application by phone. |
||||
Opening |
Open a separate account. |
Opening is free. Service:
|
You can immediately contact the department, leave an online application on the website or call a specialist in the office. Documents for opening "from scratch" - as for a current account. A complete list of documents and application and contract forms will be sent to your e-mail after calling the bank. |
|||
Raiffeisenbank |
A special account is opened only if there is a settlement account. |
Tariffs as for a current account. |
Accreditation is required for any ETP. Bank specialists do not provide additional information. |
|||
Opened and maintained free of charge. Operations on the account at general rates. |
After filling out the application, a standard list of documents to be filled out, a questionnaire and tariffs are sent to the mail. |
|||||
All-Russian Regional Development Bank |
A special account is opened only after the opening of a settlement account. |
The service charge depends on the chosen client group. Additional information on tariffs of the special account is not provided. |
The set of documents is standard. Additionally, please provide:
|
They offer to open a “special current account”. In fact, you will receive another "settler" with the function of a special account. |
Opening is free if you reserve an account on the site. Service at the tariffs of current accounts, the amount depends on the "turnover". To receive a percentage of the balance, you will need to sign an additional agreement. |
You will need a full package of documents, as for the "calculator". |
You can either expand the functionality of an already opened current account, or open a separate special account. |
Tariff information is not yet available. |
To open a separate special account, you will need a package of documents, as for a "settler". |
||||
St. Petersburg |
They do not open a special account, but a current account with special conditions. You cannot open a separate account. |
Opening an account is free. Service:
From the balance of money in the account will be charged 0.1% per annum. |
Mandatory accreditation at one of the trading floors according to 44-FZ. The package of documents is the same as for opening a current account. |
|||
Sovcombank |
Open a current account with a special function. You cannot open a separate account. |
Opening is free. Service at the rates of settlement accounts. |
An application for opening is filled out on the RTS-Tender trading platform. In response to the application, the details of the current account and a link to a closed channel for downloading the required documents are sent to e-mail. |
|||
Russian National Commercial Bank (RNKB) |
Open a separate account. |
Opening is free. Other services are at basic rates. |
To open an account, contact the bank. You can't remotely. | |||
RosEvroBank |
Opens a separate account. |
Opening and maintenance is free. |
The package of documents is the same as for opening a current account. On a call, they send the forms of documents necessary for filling. |
|||
Opens a separate account. |
Opening and maintenance is free. More about tariffs from 11/23/2018. |
You need to provide a standard set of documents that is used when opening the "calculator". Accreditation at one of the trading platforms is required. |
||||
UniCredit |
Opens a separate account. |
Opening and maintenance is free. |
Standard package of documents. |
|||
Tinkoff |
Opens a separate account. A prerequisite is the presence of a settlement center in Tinkoff! |
Service is free. There is no commission for locking and unlocking money. RKO cost:
|
They charge interest on the balance, even on blocked amounts. Rate as per RKO tariff:
|
Step 4. Collect documents and write an application for opening
Now you need to contact the selected bank to write an application for opening a special account. To do this, come with a package of documents to any branch that serves legal entities. If the bank does not open a current account, then you will need to collect the same package of documents as for opening a "settler". Accept originals or notarized copies.
For legal entities:
- Constituent documents (charter or memorandum of association).
- If the account is opened by the head - the protocol of election, if responsible person- Order of appointment and power of attorney.
- Card with samples of signatures and seals.
- Documents proving the identity of those who have the right to dispose of money in the account.
- Certificate of registration of a legal entity.
- Certificate of registration of the legal entity.
For individual entrepreneurs:
- IP registration certificate.
- Certificate of entry into the state register of IP.
- Certificate of tax registration.
- Entrepreneur's passport.
- If the account is opened by a representative - his passport and power of attorney.
We provide average lists, banks often have additional items. For example, some ask to fill out a questionnaire or a FATCA questionnaire or provide extracts from government agencies. And in order to open a special account with Alfa-Bank, you will need to fill out their form on joining the service agreement. Be sure to check the requirements using the links that we have provided in the table.
As an example of an application for opening a special account for participation in public procurement 44 FZ, which will need to be signed, we attach a template from VTB Bank.
Step 5. Sign a service agreement
The bank will consider the appeal and, if the decision is in your favor, will prepare an agreement. You will only have to sign it and use the special account to participate in the auction.
As an example, you can check out standard contract, which proposes to sign Gazprombank. In an article about 10 nuances of working with special accounts, we cited an agreement for a special account for VTB trading.
Video: how to open a special account
Reading 4 min. Views 149 Published on 29.10.2018
The special account in the bank is replenished by payments, which, according to non-cash payment carried out by payment agents, subagents, suppliers. These persons are required by law to open a special settlement account. Opening a special account with Sberbank for organizations can be done in national and foreign currencies. To do this, an application is written in the form of a bank, a document is attached to it - payment order. It reflects the transfer of funds.
What are special accounts for legal entities
These are bank accounts formed for carrying out operations for such calculations as:
- mutual settlements under letters of credit;
- financial operations with checks;
- accounting for deposits;
- mutual settlements on the use of bank cards.
Legal entities can open a special account with Sberbank on their own initiative.
Bank support for state defense contracts
Not all banks can work with state defense contracts, but only those that are included in the register credit institutions TSB RF. Currently, no one can get a list of these banks in the public domain. As part of support, banks offer the following services:
- Checking the status of accounts– provision from the bank to the customer of data on specific accounts of participants in order to control the fulfillment of the contract by the customer at all levels.
- In addition to monitoring accounts, the bank offers extended scope of support, which includes checking the execution of the state contract with the analysis of documents that are provided by the contractors and are proof of payment.
For settlements between the participants of the state contract, the bank offers to open a special account. To do this, you need to submit an application to the credit institution, which is an annex to the banking support agreement. Forms of contracts for the support of the state contract by banks may be different, as they are developed individually, taking into account the specifics of the contract.
The legal basis for banking support for government contracts is 44-FZ dated March 22, 2014.
The procedure for opening an account of the State Defense Order
It is beneficial for a legal entity to reserve a special account with Sberbank, since the state order is paid more quickly. This is due to the fact that funds can be received before the conclusion of an agreement with the bank. Banks working with state orders have their own rules for maintaining accounts and providing a set of documents.
Important! Sberbank and a number of other credit institutions included in the register of the Central Bank offer the service of reserving a special account remotely. The bank issues account details, and the entrepreneur is given time to collect a portfolio of documents.
Documentation Portfolio
After reserving an account, the contractor has only five working days to generate a package of documents. It looks like this:
- application for opening an account with Sberbank for legal entities;
- passport (for the one who opens the account);
- copies of licenses, patents;
- accreditation at one of the trading floors (according to Federal Law-44);
- founding documents;
- certificate of registration of the organization;
- TIN of the organization;
- certificate from the auditor;
- certificate of the absence of debts on mandatory payments (taxes, penalties, contributions) for the past year.
Important! All documents are notarized.
Liability for failure to fulfill obligations
Articles of the Code of Administrative Offenses, in particular, 14.49, 15.14, 15.37. All of them involve penalties in the form of a fine in a significant amount.
Basic rules for working with a special account
From the account, the contractor can spend money only on an advance payment for work and on securing a government order. Funds are subject to debiting when specifying the number of the state contract identifier in the order and exclusively to a special account for the state defense order. But there are exceptions to these rules, in particular:
- budgets calculations (fees, contributions, taxes);
- settlements for services and products controlled within the framework of public policy;
- financial settlements with foreign contractors participating in the state defense order;
- receipt of money to the account, which are fixed in the state contract, agreed between the customer and the contractor.
Making payments
For special accounts, there are a number of restrictions on payments made. In particular, it is impossible to carry out operations on credits, loans, with the exception of amounts transferred under a state order agreement. In addition, it is forbidden to transfer funds to individuals. Except for situations in which workers' compensation and wages with the payment of mandatory taxes, insurance fees. The funds shall not be used for the following purposes:
- charity;
- creation authorized capital organizations, enterprises;
- purchase of stocks, bonds, currencies, drugs. metals;
- fulfillment of the contract related to the assignment of the right to claim;
- Money transfers to other current accounts, even within the same bank.
Funds cannot be placed as deposits if the received profit and the deposit itself are not returned to the account. In addition, you can not use cash as security for the performance of the terms of the contract.
According to the documents created within the framework of enforcement proceedings write-off is possible, but only in strictly limited cases:
- compensation for harm caused;
- payments (salary, benefits);
- collection to the treasury of the Russian Federation.
Nuances of closing a special account
bank in without fail must receive notification from the customer that the state contract has been completed. Only then will the account be closed.
conclusions
A special account is a bank account, the opening of which is mandatory by law for specific payment transactions. Legal entities are limited in making certain payments within the framework of a special account.