How to draw up a power of attorney for a deposit in Sberbank. Opening a deposit by notarized power of attorney, do you need a passport of the principal
In accordance with the Civil Code of the Russian Federation, a power of attorney can be issued for a period not exceeding three years. If the term of the power of attorney is not specified, it shall remain valid for one year from the date of its commission. The power of attorney must indicate the date of its commission, while the name of the month is written in words. A power of attorney in which the date of its commission is not indicated is void.
In a power of attorney, the depositor has the right to provide for the payment to the representative of the deposit of certain amounts monthly or at other times. The depositor may indicate in the power of attorney of several persons to whom he gives the right to receive amounts from his contribution.
A power of attorney to receive amounts from a deposit in rubles and in foreign currency can be issued by a depositor in a structural unit of the bank.
The depositor may draw up in the structural unit of the bank, where several of his deposits are stored, one general power of attorney to receive amounts from these deposits.
A depositor may draw up a power of attorney for a deposit in rubles or in foreign currency outside the structural unit of the bank performing deposit operations. In this case, the power of attorney to dispose of the deposit must be notarized.
A power of attorney for a one-time or repeated receipt of amounts from a deposit can also be certified by the organization in which the investor works or studies, or by the housing-maintenance organization at the place of residence.
A power of attorney to receive amounts from a deposit issued by a depositor who is being treated at a hospital or other inpatient medical institution must be certified by the signature of the head physician of the medical institution or his deputy for medical part.
On the power of attorney of the depositor, drawn up outside the structural unit of the bank, should be affixed with a seal of the organization, whose officials certify this power of attorney.
A power of attorney issued by a depositor who is not able to sign it due to a physical handicap, illness, or for other reasons, at his request, is signed by another person indicating the reason by virtue of which the depositor cannot sign the power of attorney personally. Such a power of attorney must be notarized.
If there is no notary in the locality, certificates of power of attorney are executed by officials of executive authorities authorized to perform notarial acts.
Notarized powers of attorney are equivalent:
powers of attorney of military personnel and other persons who are being treated at hospitals, sanatoriums and other military medical institutions, certified by the head of such an institution, his deputy on medical part, senior or duty doctor;
powers of attorney for military personnel, and in points of deployment of military units, formations, institutions and military educational institutions where there are no notary offices and other bodies performing notarial acts, also powers of attorney for workers and employees, members of their families and family members of military personnel, certified by the commander (by the head) of these units, formations, institutions or establishments;
powers of attorney of persons in places of deprivation of liberty certified by the head of the corresponding place of deprivation of liberty;
powers of attorney of adult competent citizens who are in institutions of social protection of the population, certified by the administration of this institution or the head (his deputy) of the relevant body of social protection of the population.
A power of attorney on the contribution of a minor investor under the age of 14 is issued on his behalf by any of his parents (adoptive parents) or guardian with the permission of the guardianship authorities.
A minor depositor between the ages of 14 and 18 may issue a power of attorney for a contribution made by the minor himself in his name, or opened by bank transfer in the amount of wages or other monetary earnings due to this minor; however, the consent of the parents (adoptive parents) or guardian is not required.
For deposits made by someone in the name of a minor aged 14 to 18 years, as well as opened by bank transfer to transfer hereditary or insurance amounts, the depositor can issue a power of attorney only with the written consent of the parents (adoptive parents), the trustee.
A power of attorney cannot be issued in the name of a minor who has not reached the age of 14.
A power of attorney may be issued in the name of a minor aged 14 to 18 years, but permission from his parents (adoptive parents, trustee) is required to receive a contribution by such a power of attorney.
The depositor may draw up a general power of attorney at the notary public, which should stipulate:
or the right of a representative to manage deposits with banks (credit organizations),
or the right to dispose of property, whatever it is and wherever it is.
The effect of such a power of attorney applies to all deposits of this depositor located in the structural unit of the bank, unless it contains a special clause regarding the prohibition of receiving amounts from deposits made after the issuance of the power of attorney.
Powers of attorney of depositors - citizens of the Russian Federation, foreign citizens and stateless persons residing abroad must be certified by consular offices of the Russian Federation or local competent authorities of the country of residence with subsequent legalization at consular offices of the Russian Federation, unless otherwise provided by international treaties abrogating consular legalization .
Upon the expiration of the power of attorney issued in the structural unit of the bank, the depositor may issue a new power of attorney, the term of which shall also not exceed three years.
The depositor may draw up a new power of attorney before the expiration of the validity of the previously drawn up power of attorney. At the same time, he can draw up a statement on the cancellation of a previously drawn up power of attorney. If the investor has not completed the application for termination of the earlier structure of the power of attorney before the expiration of the deadline, it is valid along with the new power of attorney.
The representative of the depositor may delegate the right to dispose of the deposit or receive amounts from the deposit to a third party, if any right is granted to the representative in the power of attorney issued to him. The power of attorney issued in the order of submission must indicate the term of its validity, which cannot exceed 1 year of validity of the main power of attorney.
The power of attorney to dispose of the deposit, issued in the order of i-transfer, must be notarized. If the main power of attorney to receive the amounts from the deposit was certified by the structural unit of the bank where the deposit is stored, or by the organization in which the depositor works or studies, the housing and operational organization at his place of residence and the administration of the inpatient medical institution in which he is being treated, then the power of attorney issued in the order of reassignment must be certified by the organization that certified the main power of attorney.
A power of attorney issued in the manner of a power of attorney shall be valid along with the main power of attorney, unless otherwise agreed by the investor in the main power of attorney.
The issuance of the deposit by proxy is made upon mandatory presentation by the representative of a passbook for the deposit, except in cases when the account has been opened for crediting and no deposit has been issued.
A power of attorney to dispose of a deposit open on an IIPII deposit, according to which a deposit book was not issued to a depositor, must be notarized (or equivalent to it). And with a power of attorney, the depositor must provide for the right of the representative to conclude a deposit agreement on behalf of the depositor and noil to learn the passbook. If the representative is not granted the right to not conclude an agreement and receive a passbook, the contribution may "and 11, he was paid only in full.
When one person sings, one applies for receiving open deposits by proxy of several depositors by proxy, then they can be issued regardless of the amount with the permission of the manager or the chief accountant of a branch of Sberbank of Russia or in substitutes.
The power of attorney issued on a deposit opened by the depositor or representative of the depositor, for which the personal account does not have the I “I” signature of the depositor, must be certified in the established manner outside the bank's structural unit.
The depositor may cancel the power of attorney on the deposit. The cancellation of the repost I is also formalized by the depositor compiling a statement to the structural unit of the bank in which he keeps the i hour deposit. The depositor has the right to send a notarized (or equivalent to it) application for cancellation of the power of attorney by mail.
The issuance of the deposit by proxy stops with the death of the depositor upon presentation to the bank's structural unit of the death certificate of the depositor (or a copy thereof), the data of which (number and series, by whom and when it was issued) are noted on the personal account card.
The structural unit of the bank is not responsible for issuing a power of attorney deposit after the death of the depositor in cases where he was not aware of the death of the depositor.
The power of attorney also terminates due to the recognition of the depositor by the court as legally incompetent, partially legally incompetent or missing upon presentation of documents confirming this to the bank's structural unit.
It is impossible to make a contribution at the same time to several people, this is obvious, but, like everything direct and clear, there are ways to circumvent the rules. If you want to manage the funds in your account together with your spouse or other relatives, then drawing up a power of attorney for the deposit is your option. We learn more about how this happens at Sberbank.
A power of attorney is the transfer of the right to represent the principal and act on his behalf legally. It is important to note that the agreement cannot be verbal or sealed from a children's play set. This is a serious document. Civil Code of the Russian Federation in Art. 185 establishes the procedure for issuing and providing a power of attorney, and the internal rules of banks cannot contradict or completely ignore it.
A power of attorney to dispose of the principal’s funds is executed on one face (less often for several persons) and gives the right to perform the following operations:
- Withdraw funds from a deposit account.
- Close it up.
- Transfer the entire deposit amount to another account of the principal or register a long-term order for the gradual withdrawal of funds.
- Write off all money in favor of a loan opened by the depositor or issue (and cancel) an order for phased withdrawal from the deposit on a regular basis of the amount to pay the monthly loan payment.
- Request reflection in the passbook of unreported transactions.
- If necessary, get a new passbook instead of the one written out.
- In case of loss of a passbook, contact the bank.
- Issue an order for the gradual transfer of money from the depositor's account in favor of another person specified in the power of attorney or for the issue of cash to the principal in another branch of the bank.
The power of attorney can be issued directly at Sberbank. The preparation of this document by the bank is a pleasure. But certification of a prepared and certified power of attorney is carried out without additional fees. But where can I get the finished one, if not at the bank? The notary also has the right to certify your documents and track the correctness of their preparation. This service will cost you from 500 to 2000 rubles.
The presence of the citizen, in whose name the transfer is executed, at a bank branch or at a notary public not necessary. But then the principal is obliged to personally provide information such as passport data and other personal information, which can complicate the process. Nevertheless, it is better to be present at both stages of the drafting of the document.
One power of attorney may indicate more than one proxy and more than one contribution to be disposed of.
Features of the content of the standard form of power of attorney:
- It is necessary to list all the contributions to be disposed of by proxies. The quantity is not limited.
- The registration date and expiration date of the power of attorney to manage the deposit must be prescribed in words.
- Signature as in the passport.
- Describe what types of operations you trust your representative. If restrictions are not provided, this must also be indicated.
Note that blots and corrections are not allowed in the document.
When contacting a bank proxy, you must have:
- passbook or deposit agreement;
- passport;
- the original power of attorney or a notarized copy.
Exceptions to the Rules
When it is not possible to draw up paper at a bank branch or resort to the help of a notary public - do not despair. Independently find the typical form of a power of attorney on the Internet and fill it out yourself, paying attention to the nuances described by us above. In addition to the bank and the notary public, the following people and representatives of organizations have the right to assure:
- any of the executive authorities (Ministry of Defense of the Russian Federation, Customs or Migration Services, FSB, etc.);
- any of the local government bodies (municipal administration, municipal council);
- the employer or director of the institution;
- chief physician, chief of a military hospital;
- commander of a military unit;
- the head of the places of detention;
- head of Social Protection.
If the principal lives abroad, the power of attorney must be legalized at the Russian consulate. Legalization can be done in the country of residence and in Russia.
Important! A power of attorney issued in the countries of the former USSR does not need legalization.
On what grounds does the power of attorney terminate
Recall that dating in the transfer documents is done in words. If the date is indicated in digital format, the document is declared invalid.
In the case when only the date of execution of the power of attorney is indicated, the deadline is the same date, a year later. The maximum validity period is 3 years. The term must be written in words in the body of the document itself.
It so happens that the need to draw up a power of attorney for deposit management arises from a serious illness of the depositor. What to do if death has occurred? Does a document drawn up during life have validity? Of course not. In the event of the death of the depositor, the person who issued the power of attorney or the successors of the principal must immediately notify the bank. The specialist will make a note, and it will no longer be possible to perform operations on accounts.
Transactions performed by a proxy in case he did not know about the death of the principal are recognized as valid and canceled only in court if one of the heirs disputes them.
Other reasons for the termination of the power of attorney:
- expiration of a document;
- termination of activity of a legal entity if a power of attorney was issued on its behalf (or if it acted as a proxy);
- recognition as incapable of the depositor or citizen in whose name the document was drawn up;
- proxy death.
It also happens that the depositor himself breaks the connection with the trustee and unilaterally terminates the power of attorney. An authorized person may also act - apply to the bank and unilaterally waive the right to manage the principal's funds.
It is important that you choose proxies responsibly to avoid unpleasant consequences. Beware of scammers who may, under the pretext of virtue, offer you to issue a power of attorney addressed to them in order to commit theft of money.
I have long wanted to write about a new view of Sberbank of Russia on the norms of Russian civil law and banking legislation. In particular, with regard to the rights of proxies to dispose of money (deposits) of their principals.
It is not the first year that my relatives and I have been keeping deposits with banks, and we want to note that only in Sberbank the meaning of these rights is interpreted in their own way.
Actually I will describe the essence of the problem on my example.
De jure: I have general powers of attorney, certified by a notary, from my parents to commit ALL possible and permitted by Russian law actions with their money in deposits with Sberbank.
De facto: from the experience of “cooperation” with North-West Sberbank of Russia in St. Petersburg I have the right to withdraw cash from my parents' deposits, without explaining to anyone where and why, but transferring them to your bank account in no way!
Sberbank instruction interprets the Civil Code in its own way
... 1. According to the Bank’s instructions, developed in accordance with the Civil Code of the Russian Federation, other legislative and regulatory acts of the Russian Federation, instructions of the Central Bank of the Russian Federation and obligations to be applied by all structural units of the Bank on the basis of a power of attorney certified by a notary, the authorized person is entitled to take actions provided to him by this power of attorney. The powers of the proxy are determined when considering each power of attorney individually, taking into account the wording used in it. Based on the power of attorney, a proxy can perform the following operations:
- receive cash from a deposit, including closing an account;
- to write off the deposit amount from the depositor's account with account closure, to another account in the name of the depositor;
- write off money, including closing the account, in payment for goods in favor of the depositor;
- issue a long-term order to write off funds from the contribution to the payment of goods in favor of the depositor;
- write off money or issue a long-term order to write off money to pay for a loan received at the Bank by a depositor or for which the depositor is a guarantor;
- issue a long-term order for debiting funds from the depositor's account to another depositor's account;
- cancel the long-term order drawn up by the depositor or by himself, or change his details;
- apply for reflection in the savings book of unreported transactions;
- get a savings book in return for the one written out;
- file an application for the loss of a savings book to suspend account account transactions;
- file an application to cancel a previously prepared application for the loss of the savings book filed by this trustee;
- fill out an application (long-term order) to transfer funds from the depositor's account to the depositor's account or to the name of another person indicated in the power of attorney (with the exception of the trustee) in another branch of the Bank or for cash withdrawal to the depositor in another branch of the Bank.
2. In accordance with Part 3 of Art. 182 of the Civil Code the representative cannot make transactions on behalf of the person represented in relation to himself.
3. According to Art. 153 of the Civil Code of the Russian Federation, transactions recognize the actions of citizens and legal entities aimed at establishing, amending or terminating civil rights and obligations.
4. The transfer of funds from the account of the representative represented to the account is directed and entails the establishment and termination of civil rights (termination of the property right of the representative for the transferred funds and establishment of the representative's ownership of the same funds), and, therefore, is a transaction.Based on the foregoing, the refusal of bank employees to perform a transaction to transfer funds from deposits XXXXXXXX and YYYYYYYY to your deposit is considered legitimate ...
I highlighted the contradictions of Sberbank (to myself) in blue and red.
Strange deals
It is clear that the main argument of the bank is that according to which I can not dispose of the property (in my case, money) of the principal in my favor. And I do not argue with such an argument. The only question is what kind of proxy actions can be considered as such. Not all actions should be considered a priori deals. In my case, is it a deal between who and whom? Between me and me ?! Or between me and Sberbank? And again, there are no complaints about cash, take off for yourself how much you want (and who will check) ?!
So, dear colleagues in the banking workshop, they contradict themselves ...
And you, friends, what do you think ?!
P.S. I agree with the position of Sberbank if it also excludes the right of the authorized person to withdraw cash from the principal's account based on the same legal wording! It is interesting then to look at the reaction of investors!
Good evening! Yes, the passport of the person in whose name the deposit account is opened is required. This requirement is established by the Instruction of the Bank of Russia.
Bank of Russia Instruction dated 05.30.2014 N 153-I (as amended on 11/14/2016) “On Opening and Closing Bank Accounts, Deposits (Deposits), and Deposit Accounts” (Registered in the Ministry of Justice of Russia on 06/19/2014 N 32813) Chapter 5 . Opening of accounts on deposits (deposits)
5.1. To open an individual account - a citizen of the Russian Federation, accounts for deposits in the bank shall be submitted:
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 are submitted confirming the powers of the persons indicated on the card to manage the funds in the deposit account (if such powers are transferred to third parties). If the agreement provides for the certification of the right to dispose of funds in the deposit account by third parties using an analogue of a handwritten signature, documents are submitted confirming the authority of persons authorized to use an analogue of a handwritten signature.
5.2. To open a deposit account for an individual - a foreign citizen or a 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 (stay) in the Russian Federation are presented if their presence is provided for by the legislation of the Russian Federation.
5.3. Opening a deposit account for a legal entity created in accordance with the legislation of the Russian Federation is carried out if the bank has information on state registration of a legal entity, as well as information on registration with a tax authority, in accordance with clause 1.2 of this Instruction.
(Clause 5.3 as amended by the Order of the Bank of Russia dated November 14, 2016 N 4189-U)
5.4. In order to open a legal entity established in accordance with the legislation of a foreign state and having a location outside the territory of the Russian Federation, deposit accounts shall be submitted to the bank documents confirming the legal status of this legal entity under the laws of the country in whose territory 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 statement of production e registered with the tax authority.
(see text in previous edition)
5.5. To open a deposit account for an individual entrepreneur, a personal identification document is submitted to the bank.
(Clause 5.5 as amended by the Order of the Bank of Russia dated 11/14/2016 N 4189-U)
(see text in previous edition)
5.5.1. For opening to an individual engaged in private practice in accordance with the legislation of the Russian Federation, deposit accounts with the bank shall be submitted:
a) an identity document of an individual;
b) certificate of registration with the tax authority.
The notary additionally submits a document confirming the empowerment of the notary (appointment), 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 law office.
(Clause 5.5.1 was introduced by the Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
5.6. To open a deposit account, an individual entrepreneur or an individual engaged in private practice, which is a foreign citizen in the manner established by the legislation of the Russian Federation, shall submit to the bank, in addition to the documents specified in clauses 5.5 and 5.5.1 of this Instruction, a migration card and (or) document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, if their presence is provided for by law ments of the Russian Federation.
(as amended by Bank of Russia Ordinance No. 4189-U dated November 14, 2016)
(see text in previous edition)