Rules for opening and maintaining depersonalized metal accounts on demand of individuals at CB Alta-Bank (CJSC). Anonymized metal account with Sberbank: description of the service Registration of anonymous metal account agreements
Investing in precious metals is one way of investing. No matter how difficult the situation on the world economic market is, precious metals do not depreciate and do not lose their relevance. An anonymized metal account at Sberbank will give a person the opportunity to increase their savings. This service is suitable for people who understand the quotes for precious metals, because you can earn income by playing on them, like on stock exchanges.
What is an impersonal metal account
An anonymized metal account (OMI) is a contribution to which precious metals belonging to a person are reflected. It does not reflect the composition of the metal, the sample, the number of ingots, the serial number and the manufacturer. This contribution has certain specifics, since the person does not have contact with the metal belonging to him.
Benefits of compulsory medical insurance:
- There is no VAT taxation provided that the account is not cashed;
- Liquidity provides the ability to receive cash within one day;
- The ability to distribute risks across multiple portfolios;
- There is no need to control the state of the contribution, its integrity and mass;
- If necessary, you can cash out an account in money, not in bullion. For this, it is enough to leave a corresponding application with Sberbank;
- It is possible to cash an account in bullion;
- The price of the precious metal does not include the costs of its transportation, production and storage;
- The financial company will be liable in case of theft and damage to the metal;
- If the account has existed for three years, then the profit received from it will not be taxed;
- When opening the compulsory medical insurance, acquired precious metals will not be subject to VAT;
- You can purchase from 1 gram of precious metal;
- Banking service is activated absolutely free of charge;
- Commission for transactions is not charged;
- There is no minimum balance at which it is impossible to close an account;
- The ability to save and increase money;
- The risk of loss of funds is minimal;
- When cashing an account with precious metal bullion, its owner will need to pay a VAT tax charge of 18%. This rule is established by applicable law. While the precious metal is in the financial company, it is not taxed.
- It is impossible to make transfers from one metal account to another.
Wanting to open compulsory medical insurance, people are trying to take into account which metal is more profitable to use for this. Today, Sberbank gives citizens the opportunity to invest their savings in the following types of precious metals:
- Silver;
- Palladium;
- Platinum;
- Gold.
It is necessary to invest in precisely those types of precious metals, quotes for which are increasing.
If a person opened an urgent compulsory medical insurance, then he runs the risk of incurring losses in the event of a sharp decrease in quotations for precious metals. If no surprises have occurred, then upon the expiration of his term of validity he will receive his funds and profit from increasing the value of the metal.
Opening a depersonalized metal account is available to legal entities and individuals. For physical. Persons required citizenship of the Russian Federation.
In order to open compulsory medical insurance to an individual, it is necessary to go through several stages:
- Provide the TIN and passport to the bank;
- Write a statement;
- Sign a bank agreement on opening an account;
- To draw up documents on the transfer of precious metals from the client to the bank.
Legal entities must provide a bank employee with a different set of documents:
- Identity card and TIN of the director of the company;
- Certificate of State Registration;
- Extract from the tax office and the State Inspectorate.
When depositing gold bullion into a metal account, the client must make sure that they are in good condition and that there are accompanying documents. After completing all the documents, the client receives a second copy of the contract. Additionally, a person receives a savings book reflecting the amount of precious metal purchased.
The client can open a metal account in the personal account of Sberbank Online. To do this, perform authentication and follow the prompts of the system.
The holder of an impersonal metal account can perform the following actions with it:
- Purchase depersonalized precious metals for cash and cashless payments;
- Sell \u200b\u200bprecious metals that are on the compulsory medical insurance of Sberbank for cash;
- The account holder can increase its balance by depositing additional bullion bullion. The bank may charge an additional fee for these actions;
- The holder of a metal account has the opportunity to cash it out, having paid, at the same time, a VAT tax charge of 18%;
- You can open an impersonal account in favor of other persons. Allowed in favor of minor children aged 14 to 18 years.
All actions with the account must be carried out in the banking branch where it was issued. Other departments should clarify this opportunity. Recently, Sberbank customers have access to the possibility of making transactions with a metal account through their personal online banking account.
If a person decided to close an account, then he can return the investment in the following form:
![](https://i2.wp.com/creditvsbervbanke.ru/wp-content/uploads/2017/09/CHto-mozhno-delat-s-metallicheskim-schyotom.jpg)
How to find out the rate of compulsory medical insurance in Sberbank
The amount of income from a depersonalized metal account is associated with the movement of quotes set for each type of valuable metal. The compulsory medical insurance quote in Sberbank is set twice a day: at 9.30 and 19.30. The rate is set by a financial company based on the situation on the world market, recommendations of the Central Bank and fluctuations in the prices of precious metals. Each branch of Sberbank sets quotes individually.
The holder of an account can see the size of quotations for precious metals on the official website of Sberbank. Here you can also trace the approximate trend of profitability of CHI.
Opening a depersonalized metal account is a great opportunity to save savings. Precious metals do not depreciate and there are no sharp drops in value.
Important information!
You can also see profitability charts for a certain time period and profitability for precious metals - OMS Premier.
Bank deposits, which are determined by the value of the precious metal, are depersonalized metal accounts. Usually selected as:
- gold,
- platinum,
- palladium,
- silver.
To open such an account, it is necessary to conduct the following transaction: buy metal at the established rate, and its value will be credited to the account. On the hands of the precious metal is not issued. If it is necessary to cash part of the account, the metal is sold at the current rate and the amount is debited from the account. MHIs are considered the most convenient way to invest in precious metals. Such operations are carried out only by large financial institutions, but in certain cases they can issue metal in the form of ingots.
Quotations of depersonalized metal accounts
Anonymized metal accounts are by far the most profitable form of investment in precious metals. Income from them will be in the long run - quotes of depersonalized metal accounts change over time in the direction of increase.
For almost 200 years, the price per troy ounce - $ 20.67 was unchanged. Since 1934, quotes are constantly changing, as of May 13, 2016, the discount price for gold in the Central Bank of the Russian Federation is 2648.89 rubles. per gram. The convincingly creeping up price for such a precious metal as gold makes us seriously think about such investments. In 2001, an ounce was asked for $ 272, in 2011 - $ 1,600.
Anonymous Bank Account at Sberbank
MHI is a profitable long-term investment. Opening a depersonalized metal account at Sberbank, you can play on precious metals quotes in the same way as the game on the stock market.
Advantages of opening a depersonalized metal account with Sberbank of the Russian Federation:
- lack of VAT for any actions with metals in the account;
- the opportunity to get considerable income in the long run;
- any metal is bought instantly;
- an account is opened and maintained free of charge;
- you can apply for CHI for a child.
Opening a depersonalized metal account
If you plan to open a depersonalized metal account, go to the website of your chosen bank. Today, you can open a voluntary medical insurance in online mode. If you do not trust this approach, you can contact the bank operator.
An account will be open in a few minutes. You do not need to deal with ingots, weighing them and other things that accompany the purchase of real metals. In case of urgent need, you receive money from the account quickly, according to the quotations of precious metals at the moment.
Anonymous Metal Account Agreement
The bank agreement of the depersonalized metal account is downloaded on the Internet on the website of the bank of your choice. It is the same in almost every Russian bank. Here you need to specify all your data. Then buy back the precious metal from the bank, which you prefer, as there is a corresponding column in the contract, and deposit it into the bank account. All this happens without real metal production, which significantly reduces the time it takes to open an account.
Transactions with compulsory medical insurance are subject to the obligatory presentation by the client of a document that confirms his identity. If the client wants to withdraw the precious metal in real form from the account, he will have to pay a certain amount.
Benefits of anonymized metal accounts
If you decide to save money from steadily creeping inflation and even get the benefit of increasing the price of precious metals, you should open an impersonal metal account for gold, silver, platinum, palladium. The benefits of anonymized metal accounts are as follows:
- it is possible to open compulsory medical insurance on demand or urgent, which makes it possible to flexibly respond to the prices of the precious metals market;
- such accounts have favorable taxation of income;
- there are no problems that are possible when purchasing metals in kind;
- simplicity and speed of opening an account and conducting operations on it;
- a real opportunity to generate income through rising prices for precious metals.
MHI expense transactions
Expenditures on compulsory medical insurance are promptly and unhindered - the precious metal on your account is sold to the bank at the current exchange rate of the ruble. Money is credited to the ruble account or issued in cash. There are some features when conducting expenditure operations on an anonymized metal account:
- a certain minimum size of the purchased metal;
- interest on the balance is not charged;
- all operations are carried out without the physical presence of precious metals;
- the term of the compulsory medical insurance contracts is extended at the request of the client.
Disadvantages of compulsory medical insurance
The main disadvantage of compulsory medical insurance is the non-extension to these types of accounts of guarantees of compensation from the deposit insurance system. The disadvantages of compulsory medical insurance are also that the commission for operations on these accounts is usually quite high. If you want to pick up the precious metal lying on the account in real form, you will face considerable difficulties and costs. You will need to pay:
- manufacture of ingots;
- their insurance;
- transportation to the bank;
- bank commission.
If you want to close the depersonalized metal account, you will be given the value of the precious metal with money.
Closing a depersonalized metal account
The easiest way to terminate CHI operations is to close it. Closing the depersonalized metal account consists in selling to the bank grams of metal in the account at the exchange rate and receiving money.
You can remove (in some banks) precious metals in physical form. But you must pay 18 percent VAT on the value of gold, platinum, silver or palladium in your account. And the bank itself takes a decent commission for this operation.
REGULATIONS
OPENING AND MAINTENANCE OF DEPRECATED METAL ACCOUNTS
poste restanteOF INDIVIDUALS IN CB Alta-Bank (CJSC)
Moscow 2011
1. Definitions, terms and concepts
Bank- Commercial Bank Alta-Bank (Closed Joint-Stock Company), acting on the basis of Banking License No. 000, issued by the Bank of Russia on September 30, 2010.
Customer -an individual who has entered into or is concluding an anonymized metal account agreement with the Bank.
Application for opening a depersonalized metal account (Application) - an application submitted by the Client to the Bank with the aim of concluding the Agreement of an anonymized metal account in the form of accession of the Client to the Rules in general. The standard application form for joining the Agreement, the procedure for its provision and storage are determined unilaterally by the Bank.
Anonymous Metal Account Agreement (Agreement)- an agreement between the Bank and the Client, concluded by joining these Rules, by which the Bank undertakes to accept and credit the Precious Metal that is received at the MHI, opened to the Client, and to fulfill its orders on transferring and issuing the Precious Metal from the MHI.
A precious metal- a precious metal (gold, silver, platinum or palladium) accounted for by the OMC, having a quantitative characteristic of the mass of the metal and a cost balance sheet.
rules - these Rules for opening and maintaining anonymized metal accounts on demand of individuals at CB Alta-Bank (CJSC).
Anonymized Metal Account (OMS)- an anonymized metal account opened by the Bank to the Client on the basis of the Anonymous Metal Account Agreement for recording the Precious Metal without specifying individual characteristics, as well as for performing operations on it in the form of Precious Metal specified by the Client in the Application for accession to these Rules.
Precious metal ingots (ingots) -standard or standard bullions of Russian production, corresponding to state and industry standards in force in the Russian Federation, and foreign production, meeting international quality standards adopted by the London Association of Precious Metals Market Participants.
Tariffs - documents of the Bank, approved by its authorized body, establishing the amount of fees and commissions of the Bank charged by the Bank for performing operations on compulsory medical insurance and other actions for the execution of the Agreement or in connection with it.
2. General Provisions
2.1. These Rules determine the procedure for opening, maintaining (servicing) and closing the MHI of the Customer and regulate the relations arising in connection with this between the Customer and the Bank (when jointly referred to as the Parties).
2.2. These Rules are typical and determine the provisions of the Agreement concluded between the Bank and the Customer. The rules are a public offer. The conclusion of the Agreement is carried out by joining the Client as a whole and in full to the terms of these Rules in accordance with Article 428 of the Civil Code of the Russian Federation and is done by submitting an Application signed by the Client in the form established by the Bank ( application to the Rules). By signing the application, the Client confirms the fact of familiarization with the Agreement and agrees with its terms.
2.3. Opening and servicing of the MHI of the Client is carried out by the Bank in accordance with these Rules, Tariffs and the current legislation of the Russian Federation.
2.4. Clients who have joined these Rules assume all obligations stipulated by the Rules in relation to Clients, as well as the Bank accepts all obligations stipulated by the Rules in relation to the Bank.
2.5. In accordance with the current legislation of the Russian Federation, compulsory medical insurance is not included in the system of compulsory deposit insurance in banks of the Russian Federation.
3. Opening and maintaining the compulsory medical insurance
3.1. To open a compulsory medical insurance, the Client submits to the Bank an Application in duplicate, other documents necessary for opening a compulsory medical insurance in accordance with the requirements of the Bank and the current legislation of the Russian Federation.
3.2. MHI is opened in Precious Metal indicated by the Client in the Application. MHI operations are conducted in the Precious Metal in which the MHI is opened.
3.3. A precious metal accounted for in the compulsory medical insurance has a quantitative characteristic of the mass of the metal and a cost balance sheet. Accounting for the amount of Precious metal is:
for gold - in grams of chemically pure mass;
for silver, platinum and palladium - in grams of ligature mass.
3.4. The minimum amount of Precious metal for performing MHI operations (transaction size) should be:
Gold 100 grams;
Platinum 100 grams;
Palladium 300 grams;
Silver 1000 grams.
3.5. The MHI number of the Customer is determined by the Bank and is communicated to the Customer no later than the business day following the day of submission of the Application with all necessary documents attached, the Bank taking the necessary measures to verify the Customer's documents and opening the MHI. The procedure for determining the compulsory medical insurance number is unilaterally established by the Bank. The client receives the second copy of the Application with notes of the Bank on the opening of the mandatory medical insurance.
3.6. By MHI, the following operations are carried out:
3.6.1. Crediting of precious metal to the MLA of the Client by:
a) non-cash transfer of Precious metal from other depersonalized metal accounts of the Client opened with the Bank;
b) the conclusion of a transaction for the purchase of Precious Metal from the Bank with the condition of its transfer to the MHI;
c) non-cash transfer of Precious metal from other depersonalized metal accounts of the Client opened with other credit organizations;
d) acceptance at the Bank of Precious Metal for mandatory medical insurance in physical form;
3.6.2. Write-off of Precious Metal from the Client's MLA by:
a) non-cash transfer of Precious metal to another depersonalized metal account of the Client opened with the Bank;
b) withdrawal of the Precious Metal in physical form from the MHI;
c) the conclusion of a transaction for the sale of Precious Metal to the Bank with the condition that it is debited from the MHI.
3.7. All operations on the MHI of the Client (with the exception of cases specified in clause 3.10 of these Rules) are carried out solely on the basis of instructions of the Client in writing. Settlement documents required for the specified operation are drawn up and signed by the Bank.
3.8. The write-off operations of the Precious metal are carried out within the remainder of the Precious metal on the MLA.
3.9. For opening, servicing and conducting operations under compulsory medical insurance, the Customer pays the Bank a fee, the amount of which is established by the Tariffs. The Client is acquainted and agrees with the cost of banking services and the terms of payment established by the Rates. The Bank is entitled to amend these Tariffs unilaterally with informing the Client by posting information on the Bank's website at www. *****.
3.10. The Client hereby grants the Bank the right to write off the Precious Metal from the MHI in the direct (indisputable) manner as payment of the remuneration due to the Bank and other Client debt to the Bank. The Bank sells Precious Metal at the Bank's exchange rate on the day of the transaction without issuing an additional order from the Client.
3.11. Statements for mandatory medical insurance are provided to the Client (his representative by proxy, the form established by the Bank) at his request when contacting the Bank, but not earlier than the next business day after the performance of mandatory medical insurance.
3.12. If it is impossible to execute the Client’s order, the Bank shall notify him of this within a business day following the day the order was received for execution, indicating the reasons in a form accessible to the Bank, including by using the Internet Bank, telephone, fax, electronic communication.
4. The procedure for issuing Precious metal in physical form
4.1. Upon issuing the Precious Metal with mandatory medical insurance in the physical form, the Bank shall be obliged to transfer the Precious Metal in standard or measured bullion to the Client. The Customer is not entitled to demand from the Bank the issuance of Precious Metal ingots with certain individual characteristics.
4.2. The issue of Precious Metal from the MHI of the Client is carried out no later than 5 (Five) business days from the date the Client provides the Bank with a corresponding notice on the issue of precious metal in the form established by the Bank. The selection of specific bars issued to the Client is made by the Bank at its sole discretion. At the same time, the Bank, based on the dimension of the bars it has, is obligated to issue to the Client those of them whose total mass is closest to the mass of the Precious Metal indicated in the relevant notification of the Client for the issue of the Precious Metal.
4.3. The Bank shall issue the Bullion Precious Metal to the Client after the Client has paid the Value Added Tax (VAT) in the amount established by the current legislation of the Russian Federation, as well as the Bank's commission for issuing the Precious Metal in physical form with mandatory medical insurance in accordance with the Bank's tariffs, as well as provided that the Client presents a passport or other identification document established by the current legislation of the Russian Federation.
The issuance of Precious Metal with compulsory medical insurance is made with the obligatory execution of the act of issuing valuables in the form established by the Bank in two copies (one for each of the Parties) and the Bank passes to the Client passports (their copies certified in the manner established by the Bank) and / or certificates for bullion the manufacturer.
5. Operations for the purchase and sale of Precious metal with delivery to CHI / debiting from CHI
5.1. Sale by the Bank of Precious metal with delivery to the Client's mandatory medical insurance and purchase by the Bank of precious metal with write-off from the mandatory medical insurance of the Client is carried out according to the instructions of the Client in the form established by the Bank at prices established by the Bank. The Bank sets prices based on the current purchase / sale prices of precious metals in the London precious metals market in US dollars and the current exchange rate of the US dollar to the Russian ruble.
5.2. The prices set by the Bank for the purchase of Precious Metal from compulsory medical insurance, as well as for the sale of Precious Metal with its supply to compulsory medical insurance, do not include value added tax (VAT).
5.3. Acceptance and execution of the Client’s instructions regarding MHI operations is carried out in the operating hours of the Bank’s departments, unless otherwise specified on the Bank’s website on the Internet www. *****
5.4. After the acquisition / sale of the Precious Metal, the Client independently bears the risk of losses caused by changes in market prices for precious metals.
6. The procedure for calculating interest on the remainder of the Precious metal on the compulsory medical insurance
6.1. The Bank may charge interest, the amount of which is established by the Bank's Tariffs.
6.2. The interest calculation base is the actual number of calendar days in a year.
6.3. Interest on the remainder of the Precious Metal is accrued daily in units of the mass of the precious metal to be deposited (for gold - the mass of chemically pure Precious metal, for other types of precious metals - the mass in the ligature).
6.4. The Bank shall pay accrued interest on the 28th day of each month in units of the mass of Precious Metal placed in the mandatory medical insurance or in Russian rubles at the discount price of the Precious Metal of the corresponding type established by the Central Bank of the Russian Federation. The method of interest payment is set by the Bank's Tariffs.
6.5. Upon payment of accrued interest in units of mass of Precious Metal placed on the mandatory medical insurance, the amount of interest paid shall be credited to the mandatory medical insurance of the Client.
Upon payment of accrued interest in Russian rubles, the amount of interest paid shall be credited to the Client’s current account opened with the Bank, indicated in the Client’s order, which the Client submits to the Bank upon concluding the MHI Agreement.
6.6. If the interest payment date falls on a non-working, public holiday, then interest shall be paid on the first working day following the working day.
6.7. The receipt of such interest by the Client will be recognized as his income and is subject to mandatory taxation in the manner prescribed by the legislation of the Russian Federation.
7. Rights and obligations of the Parties
7.1. The Bank undertakes:
7.1.1. To guarantee the confidentiality of CHI, CHI operations, as well as information about the Client. Issue certificates of operations and CHI to the Client and / or his representatives. Such information shall be provided to state bodies and their officials only in cases and in the manner prescribed by the legislation of the Russian Federation.
7.1.2. Fulfill the Client’s instructions for crediting / debiting Precious metal to compulsory medical insurance / with compulsory medical insurance in the manner established by the Rules.
7.1.3. Advise the Client on issues directly related to servicing under the Contract.
7.1.4. Inform the Client about the establishment of tariffs no later than 10 (Ten) calendar days before the entry into force of tariffs in the form of information posted on the Bank's website on the Internet www. *****.
7.2. The Bank is entitled to:
7.2.1. Deny the Client in the implementation of MHI operations in the following cases:
If the Client has not submitted the documents necessary for the operation;
If the operation is contrary to the compulsory medical insurance regime established in accordance with the legislation of the Russian Federation, including regulatory acts of the Bank of Russia, and the Rules.
The Customer’s order was drawn up in violation of the procedure in force at the Bank;
The Client’s order contains incorrect details;
There is no or insufficient Precious Metal to perform an operation on the compulsory medical insurance;
The client is in arrears in paying for the services of the Bank.
7.2.2. To suspend the performance of compulsory medical insurance in cases provided for by the legislation of the Russian Federation.
7.2.3. To write off the Precious Metal from the compulsory medical insurance without the Client’s order if the Bank mistakenly credits the precious metal to the compulsory medical insurance, as well as on the basis of executive documents in accordance with the legislation of the Russian Federation.
In the event that the Client uses an erroneously credited Precious Metal, which entails insufficient balances on the mandatory medical insurance to be debited without acceptance, the Bank is entitled to demand that the Client return the missing amount of the Precious Metal. In this case, the Client is obliged to return the indicated amount of the Precious Metal no later than 10 (Ten) banking days from the moment the Bank makes such a request.
7.3. Customer agrees:
7.3.1. Deposit precious metal to the MHI in the amount and manner established by the Agreement on the day of signing the Agreement. The deposit of precious metal in full is not allowed on the compulsory medical insurance.
Dispose of compulsory medical insurance in accordance with the requirements of the legislation of the Russian Federation, regulatory acts of the Bank of Russia and the Agreement.
7.3.2. Pay the Bank remuneration in accordance with the Bank's current tariffs for the conduct and execution of operations under compulsory medical insurance.
7.3.3. Notify the Bank in writing within 10 (Ten) calendar days after the issuance of extracts to it on the OMC about the Precious Metal erroneously credited / deducted from the OMC. In case of non-receipt of objections from the Client within the indicated time limits, the operations performed and the remainder of the Precious Metal at the mandatory medical insurance are considered confirmed.
7.3.4. Inform the Bank about changes in the data of an identity document, address of place of residence (stay) and other information provided to the Bank at the opening of compulsory medical insurance.
7.3.5. To independently calculate and pay to the budget the amount of tax on income from the purchase by the Bank for the currency of the Russian Federation of the Precious Metal listed on the mandatory medical insurance.
7.3.6. Make timely payment of the commission for performing operations on compulsory medical insurance in accordance with the Bank's Tariffs in force on the date of the transaction.
7.3.7. Not less than ten working days to notify the Bank of the transfer of precious metal located on the compulsory medical insurance, as a pledge or other encumbrance.
7.4. The client has the right:
7.4.1. Replenish the MHI with Precious Metal and spend the Precious Metal with MHI by performing the operations provided for in the Rules. Expenditure operations can be carried out within the Precious Metal balance on the compulsory medical insurance on the day of the transaction, taking into account the requirements of the Bank of Russia for the quantitative accounting of Precious Metal.
7.4.2. In the process of performing compulsory medical insurance operations, to receive an extract on compulsory medical insurance without providing primary documents, as well as bank statements on issues related to the execution of the Agreement.
8. The procedure for amending and supplementing the Rules
8.1. The Bank is entitled to unilaterally amend the Rules, Tariffs, including by approving a new version of the Rules, Tariffs.
For the entry into force of changes made to the Rules, Tariffs, or a new version of the Rules, Tariffs, the Bank is obliged to publish information on changes in information in accordance with clause 8.2. of these Rules.
8.2. In order to familiarize the Clients with amendments and additions to the Rules and / or Tariffs, the Bank places the Rules and Tariffs on the Bank's website on the Internet www. *****.
8.3. In order to ensure guaranteed familiarization with the changes and amendments made to these Rules and Tariffs before the entry into force of such changes or amendments, the Customer is obliged to visit the Bank’s website www at least once a month. ***** to receive information about changes and additions made to these Rules, Tariffs.
8.4. Changes made to these Rules and Tariffs take effect after 10 (Ten) calendar days from the date of publication by the Bank, starting from the day following the day of publication, or from the day the changes (new edition) enter into force, if the corresponding date is indicated in the published information.
8.5. Any changes and additions to the Rules, from the moment they enter into force in accordance with the procedures of this section, apply to all persons who have joined the Rules, including those who have joined the Rules earlier than the date of entry into force of the changes. In case of disagreement with the changes or additions made to the Rules (new edition), the Client has the right to unilaterally refuse to execute the Rules before the entry into force of such changes or additions in the manner provided for in Section 11 of the Rules.
9. Responsibility of the parties and dispute resolution procedure
9.1. The Bank is not responsible for the actions of unauthorized persons, including the performance by them of compulsory medical insurance on behalf of the Client, committed by them until the Bank received a written notice from the Client on termination of authority.
9.2. The Bank is not liable for damage caused to the Client as a result of: failure to submit or untimely submission by the Client of information to the Bank in accordance with these Rules; execution of the Client’s Application issued by an unauthorized person if, in accordance with the current legislation of the Russian Federation and these Rules, the Bank could not establish the fact of the issuance of the Application by an unauthorized Client; non-fulfillment by the Client of the conditions established by these Rules.
9.3. Parties shall resolve all disputes through negotiations. In the event that agreement is not reached, disputes are referred for resolution to the judicial authorities in the manner prescribed by the current legislation of the Russian Federation.
10. Force Majeure
10.1. The Bank and / or the Client shall be exempted from liability for partial or full failure to fulfill the obligations stipulated by these Rules if it was a consequence of force majeure circumstances arising after joining the Rules as a result of extraordinary events that they could neither foresee nor prevent by reasonable measures .
10.2. Force majeure circumstances (force majeure) will include military operations, riots, natural disasters and strikes, decisions of state authorities and local self-government that make it impossible to fulfill the obligations stipulated by the Rules. Adequate evidence of the existence of circumstances will be evidence (official documents) issued by the relevant competent authorities.
10.3. If it is impossible for the Bank and / or the Client to fulfill the obligations stipulated by the Rules, then the party exposed to force majeure undertakes to notify each other within three days of the occurrence of force majeure circumstances and / or their termination.
11. Duration of the Agreement and the procedure for its termination
11.1. An agreement for opening and maintaining an anonymized metal account is concluded for an indefinite period.
11.2. The Client has the right to terminate the Anonymous Metal Account Agreement at any time by submitting an application to the Bank to terminate the Anonymous Metal Account Agreement in the form established by the Bank. The Agreement shall be deemed terminated from the day the Bank accepts for execution the Client's Application for termination, completed in accordance with the requirements of this paragraph and the current legislation of the Russian Federation.
11.3. From the day the Bank accepts the Client’s application for termination of the Agreement for execution, the Bank stops accepting and executing the Client’s instructions for performing OMC transactions, completes the processing of previously received orders, and returns to the Client the remainder of the Precious Metal for the OMC in the manner specified by the Client no later than 7 (Seven) calendar days from the date of receipt by the Bank of the Client's application for termination of the Agreement.
11.4. The Client hereby instructs the Bank to close the compulsory medical insurance in the absence of Precious metal in the mandatory medical insurance if there are no mandatory medical insurance transactions within one year and if there is no balance in mandatory medical insurance without additional notice to the Customer.
11.5. The termination of the Agreement is the basis for closing the compulsory medical insurance.
12. Additional terms
12.1. In the event of a change in the location and details of the Bank, the Bank shall notify the Client thereof by posting information on the Bank's official website on the Internet.
12.2. Notifications, requests, messages, other documents and information, other than those specified in clause 12.1 of the Terms, are sent by the Parties to each other in writing in one of the following ways: by e-mail, registered letter (telegram) with notification, courier. The Bank sends the Client documents to the address indicated in the applications, instructions. The Client sends documents to the Bank at the address indicated on the Bank's official website on the Internet.
12.3. In all other respects, which is not expressly provided for by the Agreement, the Parties are guided by the current legislation of the Russian Federation.
13. Location and details of the Bank
Location: Moscow, st. 2nd Brest, tel. (4, TIN -, KPP -, BIK - (Russia), PSRN -, OKVED - 65.12, OKPO -, SWIFT CODE - ALTKRUMM; http: // web. ***** /, phone (4, ext. 251 )
MHI in the currency of the Russian Federation: Corr. MHI No. in the OPERA of the Moscow State Technical University of the Bank of Russia.
MHI in US dollars: Corr. LSG No. CITIBANK N. A. 399 Park Avenue, New York, NY 10043, S. W.I. F.T. CODE: CITIUS33.
Compulsory medical insurance at Euro: Corr. MHI No. VTB Bank (Deutschland) AG, FRANKFURT AM MAIN, GERMANY, S. W.I. F.T. CODE: OWHB DE FF.
In the current economic environment, it has become a fairly popular banking investment tool (OMI). Many Russian banks offer their customers to open compulsory medical insurance for the purpose of investing money in precious metals. In this article, we will consider in detail the opening and maintenance of an anonymized metal account with Sberbank of Russia.
It is worth mentioning that Sberbank has been providing the OMC opening service since 2002 and offers very attractive conditions for the investor. In addition to the fact that Sberbank is the largest Russian bank with a huge branch network covering the entire territory of Russia, and the procedure for opening an anonymized metal account is very simple, the compulsory medical insurance in Sberbank becomes available to anyone.
What is attractive for compulsory medical insurance in Sberbank
At the choice of the depositor, an anonymized metal account can be opened in one of the precious metals: gold, silver, platinum, palladium.
The minimum size of a precious metal for opening and replenishing an account, as well as for making purchase and sale transactions is set at 0.1 grams for gold, platinum, palladium and 1 gram for silver transactions.
Sberbank opens the MHI “on demand” - such an account does not establish a mandatory period of storage of metal on the MHI and allows the holder to make purchase and sale operations at any time without any restrictions. The Bank does not limit the holder to the maximum and minimum balance on the depersonalized account: the maximum is not set, and the minimum is zero. This allows you to reduce the balance on the depersonalized account to zero without the need to close the account.
An investor can open more than one CHI in the same name at Sberbank, but transferring funds from one CHI account to another is not provided. It is possible to transfer the order with an anonymized metal account to another person by issuing a notarized power of attorney to manage the account.
Sberbank allows you to open a depersonalized metal account for a minor child (up to 14 years old). The peculiarity is that parents (legal guardian) have the right to replenish such an account, and expenditure operations can be performed only with the written permission of the guardianship and guardianship authority. From 14 to 18 years old, a minor can independently open compulsory medical insurance and make expenditure transactions on it by contacting the bank with the written consent of one of the parents or legal representative.
How to open
The procedure for opening a depersonalized metal account in Sberbank is quite simple. In most cases, an individual will need to present a passport and have cash or physical metal for a minimum contribution of 1 gram of precious metal selected for compulsory medical insurance. Sberbank accepts a physical metal bullion as a contribution at the opening of mandatory medical insurance, as well as an investor can purchase anonymized metal from the bank for cash rubles or bank transfer (by debiting funds from the current account or deposit account).
An account is opened to an individual on the basis of a contract with a bank for the opening and maintenance of mandatory medical insurance. In the course of the transaction, funds provided by the depositor or measured bullion are exchanged for anonymized precious metal at the rate of Sberbank at the time of the transaction, and crediting is made to mandatory medical insurance in grams of already anonymized metal. The investor receives a second copy of the contract - the opening of the MHI is completed. When opening an anonymized metal account in Sberbank, a savings book is additionally issued, which shows the amount of precious metal purchased in grams. Opening and closing an impersonal account in Sberbank, as in most commercial banks, is free of charge.
Sberbank establishes for individuals the following list of documents for opening an anonymously account:
- Identity document (passport or other).
- If you have been registered with the tax authorities, you must provide a certificate of registration (TIN).
- For foreign citizens: a migration card or a document confirming the right to stay in the territory of the Russian Federation.
For individual entrepreneurs, the list of necessary documents for opening a compulsory medical insurance includes:
- Identity document of the entrepreneur.
- A notarized copy of the state registration of an individual entrepreneur.
- A notarized copy of the tax registration certificate at the State Tax Inspectorate.
- Bank card with sample signatures and a seal imprint.
- If operations with physical metal in the form of ingots are expected, then a registration card is required at the State Inspection for Assay Supervision (GIPN).
Features of reference
Transactions with depersonalized metal accounts of Sberbank involve the following actions of the account holder:
- The purchase of depersonalized metal both in cash rubles and through bank transfer.
- Sale of metal from an impersonal account to a bank for rubles.
- Replenishment of mandatory medical insurance by depositing ingots (the bank charges a commission for this operation).
- The investor has the opportunity to "cash out" funds from the compulsory medical insurance and get the precious metal bullion in his hands (for this operation, a bank commission and 18% VAT are charged).
- Sberbank provides the opportunity to open compulsory medical insurance in favor of third parties.
MHI operations are carried out at the place of opening the account, the ability to make incoming and outgoing operations in other branches of the bank must be clarified at the time of opening the account. Recently, investors in the Moscow branch have become available to purchase and sell precious metal in anonymous form through the Sberbank Online @ yn customer service online system.
In the event of the closure of CHI, the investor has the opportunity to return the savings in the following forms:
- In rubles - for the sale of depersonalized metal at the rate of Sberbank at the time of sale.
- In the form of physical bullion of precious metal in which the compulsory medical insurance was opened.
Kasatkin Anatoly Vitalievich
A specialist in civil and monetary law, including in the field of legal problems of precious metals circulation.
Born May 3, 1970 in Moscow. In 1993, he graduated from MGIMO with a degree in international relations; in 2001, he graduated from the law faculty of the Higher School of Privatization and Entrepreneurship under the Russian Ministry of Property. Since 1998, he worked as a lawyer in various companies; at present - in the state unitary enterprise "Foreign Economic Association" Almazyuvelireksport ".
Author of a number of publications on political science, theory of international relations and law, including in 2000-2001: Transactions with precious metals in the Russian Federation, Foreign Economic Transactions with Precious Metals, Responsibility for Violations in the Sphere of Precious Metals metals. "
The practice of opening metal accounts, which has long been widely used on the world market of precious metals, has been increasingly actively introduced in Russia in recent years. In economic terms, the use of such accounts allows the participants in the precious metals market to quickly respond to price conditions and increase the efficiency of transactions. Technique of operations on such accounts, accounting issues, etc. sufficiently detailed in a number of works of domestic economists and financiers<*>.
<*> See: Balabanov I.T. Precious metals and precious stones: Operations in the Russian market. M .: Finance and statistics, 1998. S. 93 et \u200b\u200bseq .; Gold: Past and Present / Ed. IN AND. Bukato and M.Kh. Lapidus. M .: Finance and statistics, 1998. S. 214 et seq .; Organization of trading in precious metals: Applied manual. M .: INFRA-M, 1996.S. 141 et seq.Unfortunately, legal science is lagging behind in this area: it has practically not studied the concept of a metal account agreement. However, precious metals are a very specific object of civil circulation and as such do not attract much attention of Russian lawyers.
The metal account agreement is not named in the Civil Code of the Russian Federation; the concept of "metal account" is not mentioned either in the Federal Law of March 26, 1998 N 41-ФЗ "On Precious Metals and Precious Stones", or in other legislative acts. Normative and legal regulation of the regime of metal accounts is carried out exclusively at the by-law level.
So, the Regulation on transactions with precious metals on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 1994 N 756 (as amended on December 1, 1998)<*> legal entities and individuals were allowed to conduct transactions with precious metals bullion on special accounts opened with authorized banks (i.e. banks with the relevant permissions of the Bank of Russia) in accordance with accepted international banking practice. Authorized banks themselves received a similar right. In fact, the Regulation was talking specifically about metal accounts.
<*> This document should be applied taking into account the norms of the Federal Law “On Precious Metals and Precious Stones” and Decree of the Government of the Russian Federation of November 25, 1995 N 1157 “On Additional Measures for the Development of the Market of Precious Metals and Precious Stones in the Russian Federation”. For more details on the application of the 1994 Regulation, see: A. Kasatkin. Transactions with precious metals in the Russian Federation // Legislation and Economics. 2000. N 4.In order to develop this norm, by the Order of the Central Bank of the Russian Federation of November 1, 1996 N 02-400, the Regulation on the execution by credit organizations of operations with precious metals in the Russian Federation and the procedure for conducting banking operations with precious metals of November 1, 1996 N 50 , which is currently in force as amended on April 11, 2000 (hereinafter - Regulation No. 50). Currently, this is, in fact, the only normative act in the Russian Federation regulating the legal regime of metal accounts<*>. In accordance with this Regulation, metal accounts are understood as accounts opened by credit organizations to clients for operations with precious metals. Moreover, such a credit organization is required to have a license from the Bank of Russia to perform these operations.
<*> Other acts of the Central Bank of the Russian Federation concerning metal accounts establish mainly the procedure for preparing financial statements for such accounts. See, for example, Instruction of the Central Bank of the Russian Federation of December 6, 1996 N 52 "On the Procedure for Accounting of Transactions with Precious Metals in Credit Organizations" (as amended on November 30, 2000), Directive of the Central Bank of the Russian Federation of October 24, 1997 N 7-U "On the procedure for compiling and submitting reports by credit organizations to the Central Bank of the Russian Federation" (as amended on December 28, 2000), etc.Metal accounts are divided into two types: depersonalized metal accounts and metal accounts of safekeeping.
Anonymized accounts are opened by a credit institution to record precious metals without specifying their individual characteristics, as well as to carry out operations to attract and place these metals.
Responsible custody accounts are customer accounts for recording precious metals transferred for safekeeping to a credit institution while retaining their individual characteristics (name, amount of metal, sample, producer, bullion serial number, etc.).
Metal accounts are opened and maintained on the basis of contracts. At the same time, each of the indicated types of metal account corresponds to its own type of metal account agreement. An analysis of the current legislation and banking practice allows us to propose the following definitions of these agreements.
Under a depersonalized metal account agreement, one party (bank) undertakes, for the remuneration stipulated by the agreement, to accept and deposit precious metals to the account opened to the other side (client), take them into account in the quantitative characteristics of the mass without specifying individual characteristics, fulfill the client’s orders for the transfer of precious metals, their withdrawal from the account in physical form and other operations on the account provided for by law.
According to the contract of the metal account of safekeeping, one party (the bank) undertakes, for the remuneration stipulated by the contract, to store the precious metals transferred to it by the other party (client) in physical form, to take into account such metals in an account opened to the client, with the preservation of their individual characteristics (type of metal, the quantity, sample, manufacturer, serial number of the ingot, face value and year of coin minting, etc.), to fulfill the client’s instructions to conduct operations on this account, as provided by law, and for aschenii contract - safely recover the precious metals to the customer.
In both definitions, the word "legislation" is used in a broad sense, as the totality of all regulatory legal acts of the Russian Federation.
Consider each of the types of contracts separately.
AGREEMENT OF DEPRIVATED METAL ACCOUNT
In the Russian civil law science there is no single approach to the subject of the contract. Omitting the discussion on this issue, as not directly related to the subject under discussion, we will use the main provisions of the doctrine on the subject of the contract, set out by OS Ioffe, M.I. Braginsky, V.V. Vitryansky and other domestic civilists. The subject of the contract should include, firstly, the actions that each of the obligated parties must perform, and, secondly, the object of such actions (object of the contract).
Thus, the subject of the anonymous metal account agreement will be:
- actions of the bank to open, maintain an account, perform operations on the account in accordance with the instructions of the client, etc .;
About the object should be emphasized. The Federal Law "On Precious Metals and Precious Stones" classifies gold, silver, platinum and platinum group metals (palladium, rhodium, ruthenium, iridium and osmium) in any form and condition (in native, refined, in raw materials, alloys) as precious metals. , semi-finished products, industrial, jewelry and other products, etc.). All types and conditions of precious metals, except for jewelry and household products and scrap of such products, are assigned by the Law of the Russian Federation of October 9, 1992 N 3615-1 "On Currency Regulation and Currency Control" to the number of currency values. In bank operations on metal accounts, refined ingots (containing 99.5% and more precious metals) and coins containing precious metals are used. Thus, the object of the metal account agreement is currency values, and the legal relations of the parties under the agreement are governed by the norms of both civil and currency legislation, the latter in accordance with Art. 141 of the Civil Code are given priority.
Regulation No. 50 allows for depersonalized metal accounts in only four precious metals - gold, silver, platinum and palladium<*>. An account is opened separately for each metal. Accounting and operations on accounts are carried out using a quantitative characteristic of the mass of metal (for coins - quantity in pieces) and a cost balance sheet. Moreover, in accordance with international practice, operations with gold are performed in quantitative units of the net mass of the metal, operations with silver, platinum and palladium - in quantitative units of the ligature mass of the metal<**>.
<*> It should be noted that in most countries that are major operators in the global precious metals market (USA, UK, Germany, Switzerland, etc.), the legislation allows you to keep metal accounts in other metals (rhodium, iridium, ruthenium, osmium). Since the volume of world consumption of these metals is extremely small and they are used mainly in industrial production, metal accounts for them are opened not in banks, but in the largest companies - producers and consumers of precious metals.<**> Net mass - the mass of precious metals without impurities. for instance, in a kilogram gold ingot with a purity of 99.95%, the net mass of gold will be 999.5 g. The ligature mass is the mass of precious metal with impurities. So, the ligature mass of platinum in a kilogram ingot, regardless of the purity of the latter, is 1 kg.
The subject of the contract is one of its essential conditions. In addition to the essential terms of the contract, para. 2 p. 1 Article 432 of the first part of the Civil Code of the Russian Federation includes those that are specified in law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which an agreement should be reached upon application of one of the parties.
Neither in law, nor in other legal acts, in the sense as they are understood in paragraph 6 of Art. 3 parts of the first Civil Code of the Russian Federation (i.e. decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation), the relevant material conditions are not mentioned. However, in Decree of the Government of the Russian Federation dated June 30, 1994 N 756 authorized banks were granted the right to make transactions with bullion on special accounts taking into account the requirements of the Bank of Russia. Such requirements are set out in Regulation No. 50. According to clause 9.4 of the Regulation, the transactions carried out on this account, the conditions for crediting and returning precious metals to the account, as well as the size and procedure for paying fees related to maintaining the account, are determined a change in the individual characteristics of the precious metals when they are credited and withdrawn from the account in physical form and the deviation of the mass of the metal listed on the depersonalized metal account from the mass of the metal to be returned that from this account in the physical form.
The fact that the conditions listed are significant is not explicitly stated in Regulation No. 50, but, given the undoubted peremptory nature of the norm of clause 9.4, all the conditions contained in it are subject to mandatory inclusion in the contract of an anonymous depicted metal account.
The methodological basis for the search for other material terms of the anonymous metal account agreement may be the conclusion of V.V. Vitryansky that the range of essential conditions necessary for unnamed contracts can be determined on the basis of the rules governing similar contractual obligations and applied in this case by analogy to the law<*>.
<*> Braginsky M.I., Vitryansky V.V. Contract law. Prince 2: Property Transfer Agreements. M .: Statute, 2000.S. 446.Consultant Plus: note.
Monograph M.I. Braginsky, V.V. Vitryansky "Contract Law. Property Transfer Contracts" (Book 2) is included in the information bank according to the publication - M .: Publishing house "Statut", 2002 (4th edition, stereotyped).
According to paragraph 1 of Art. 6 of the Civil Code of the Russian Federation an analogy of the law is allowed if there are three conditions, namely if:
- the relevant relationship is not regulated by law, by agreement of the parties and there is no custom business practice in this regard;
- there is civil law governing similar relationships;
- such similar legislation does not contradict the substance of the relationship to which it applies.
It is quite obvious that the regulation of the metal account agreement by the current legislation (in the broad sense of the term) cannot be considered satisfactory. The few customs of international banking practice that have developed in this area (for example, accounting for anonymized gold in quantitative units of the net mass of metal, and other metals in quantitative units of the ligature mass) are already enshrined in the current Russian legislation in the form of legal norms.
In practice, issues that are not covered by legal acts and business practices are usually regulated by one of the parties (the bank) independently by developing for the other party (client) standard terms of the anonymous metal account agreement. Such model agreements, however, cannot be considered as variants of an accession agreement, because the parties seem to be entitled to change certain agreement terms by mutual agreement (often this depends on the nature of the bank’s relationship with its client).
To the legal relations of the parties remaining beyond the scope of their agreement, an analogy of the law should be applied. Here we are closely confronted with the problem of the legal nature of the contract under study.
In the legal literature, the opinion was fairly expressed that, with regard to anonymized metal accounts, it is permissible to apply, by analogy with the law, the norms of Ch. 45 of the Civil Code of the Russian Federation on a bank account<*> in part not contrary to currency legislation<**>.
<*> See: Efimova L.G. Banking transactions: Commentary on legislation and arbitration practice. M .: INFRA-M, 2000. S. 73 - 74; She is: Commentary on Art. 845 of the Civil Code of the Russian Federation ("Bank Account Agreement") // Commentary on the Civil Code of the Russian Federation, part two (article by article). 3rd ed., Rev. and add. / Ed. HE. Sadikova. M .: INFRA-M, 1998. P. 409. The author also points out the admissibility of applying the norms of Ch. 46 of the Civil Code of the Russian Federation on cashless payments by analogy with the law. See: Efimova L.G. Banking transactions ... S. 77 - 78.Consultant Plus: note.
Commentary on the Civil Code of the Russian Federation (part two) (edited by O.N. Sadikov), is included in the information bank according to the publication - M .: Law Firm CONTRACT, Publishing Group INFRA-M-NORMA, 1997.
<**> See: Sapozhnikov N.V. Currency operations of commercial banks: Legal regulation: Practical allowance. M .: Yurist, 1999.S. 157.According to S.V. Sarbash, the essence of the bank account agreement is that each of the parties acquires certain property benefits, the main of which for the client is the opportunity to receive the relevant services of the bank (for crediting, transferring, issuing money, etc.), and for the bank - the opportunity to use client money<*>, guaranteeing the right of the client to freely dispose of these funds.
<*> Sarbash S.V. Bank Account Agreement: Problems of Doctrine and Judicial Practice. M .: Statute, 1999.S. 15.Similar, presumably, is the essence of the anonymous metal account agreement.
In addition, both contracts are united by the homogeneous nature of legal relations arising between the parties. As in the case of non-cash funds, and in the case of depersonalized precious metals, the client has not property rights, but mandatory rights of claim to the bank, since property law arises only in relation to individually defined things<*>. Accordingly, in order to protect the specified obligation rights, proprietary legal protection methods cannot be applied.
<*> It should be noted: although the vast majority of researchers believe that non-cash funds are subject to mandatory, but in no way proprietary rights, there are directly opposite opinions (see, for example, the works of O. M. Oleinik and L. G. Efimova).Like a bank account agreement, a depersonalized metal account agreement is consensual. The validity of the rights and obligations of the parties does not depend on whether there is anonymized metal in the account or not. In particular, a situation is possible when, after concluding a contract, there will be no depersonalized metal on the metal account for some time.
With regard to retribution, Russian civil law has not developed a unanimous opinion on this matter regarding the bank account agreement<*>. However, the contract of the depersonalized metal account should be unambiguously recognized as onerous, for this is indicated by the peremptory norm of clause 9.4 of Regulation No. 50. All fees related to the maintenance of depersonalized metal accounts, in accordance with clause 9.9 of Regulation No. 50, are calculated and paid in the currency of the Russian Federation.
<*> Some authors consider this agreement to be onerous in all cases (see: Efimova L.G. Banking transactions ... S. 37; Sarbash S.V. Decree. Op. S. 15 and others), others say that the agreement may be both onerous and gratuitous, depending on the agreement of the parties. See: Civil Law: Textbook. Part II / Ed. Yu.K. Tolstoy, A.P. Sergeeva. M., 1997. S. 455; Commercial Law: Textbook / Ed. V.F. Popondopulo, V.F. Yakovleva. SPb .: SPbU, 1997.S. 318; Oleynik O.M. Fundamentals of banking law: Lecture course. M .: Yurist, 1997.S. 249 - 250; and etc.).The depersonalized metal account agreement is bilateral, because it gives rise to the rights and obligations of both legal entities. The main obligated party, if I may say so, is the bank, however, the client also has its obligations, one of which is to pay the bank remuneration - we have included in the concept of the contract.
Returning in connection with the above to the question of the essential terms of the contract, it should be noted that the analysis of the legislation governing the bank account agreement, as well as the domestic doctrine, does not give any grounds for including any other conditions in the list of essential and necessary conditions of the anonymous metal account agreement, except the conditions on the subject of the contract and those specified in clause 9.4 of the Regulation N 50.
All other conditions, for example, on the duration of the contract, can become significant only if an agreement must be reached on them at the request of one of the parties (paragraph 2 of clause 1 of article 432 of the Civil Code of the Russian Federation).
The subjects of the depersonalized metal account agreement are, on the one hand, a bank licensed by the Central Bank of the Russian Federation for transactions with precious metals, and on the other hand, a client, which, under Regulation No. 50, can be any individual or legal entity, including another bank.
The legislation does not contain any special requirements for the form of the contract under study, therefore it should be guided by the general rules of clause 1 of article 434 and paragraph 1 of article 161 of the Civil Code of the Russian Federation, providing for the existence of a simple written form for transactions of legal entities between themselves and with citizens. In banking practice, a depersonalized metal account agreement is drawn up primarily by compiling and signing a single text, although a different way is possible. As noted in the Russian doctrine in relation to a bank account agreement, this method consists in submitting an application by the client to open an account (which is considered an offer) and a permitting inscription on the statement of the head of the bank (acceptance)<*>.
<*> See, for example: Ioffe O.S. Soviet civil law: Certain types of obligations: Course of lectures. L., 1961. S. 390; Lieberman F.H. Settlement discipline in deliveries. M., 1973. S. 26; Efimova L.G. Banking transactions ... S. 39; Sarbash S.V. Decree. Op. S. 13 - 14 and others.We list the most important rights and obligations of the parties.
The bank is obliged:
- open a depersonalized metal account to a client;
- keep an anonymous metal account of the client, i.e. to credit and write off certain quantities of precious metal, take into account the balance of precious metal on the account;
- in a timely manner (i.e., on time) and correctly (i.e., following the established procedure) to carry out, on behalf of the client, operations on an anonymized metal account provided for by applicable law and the agreement (transfer of precious metals from account to account, issuing to the client from precious metals account in physical form, closing an account, etc.). To carry out these operations, banks in accordance with Regulation No. 50 have the right to establish correspondent relations with banks and open correspondent metal accounts. In the event that the timing or procedure for carrying out such operations is not defined in the contract, it is lawful to use, by analogy with the law, according to Art. 849 of the second part of the Civil Code of the Russian Federation (on the timing of operations on a bank account) and § 2 of Ch. 46 parts of the second Civil Code of the Russian Federation (on settlements by payment orders);
- guarantee the secrecy of the account, account operations and customer information.
The basic right of a bank under a contract is to use anonymized metal of a client. The Bank also has the right to close the account and terminate the contract if the client violates the established rules for using the account (for example, during the period specified in the contract from the moment of opening the account does not take any actions to attract precious metals to the account). The Bank, however, is not entitled to close the account if it has anonymous metal on it.
The main responsibilities of the client:
- payment of remuneration to the bank for account servicing;
- compliance with the rules for using the account defined in the contract (submission of duly executed documents, etc.).
The client has the right to give instructions to perform the stipulated operations, receive account statements, and terminate the contract unilaterally at any time. The client can provide the right to dispose of precious metals on the impersonal account to third parties. Moreover, he is obliged to certify this right in a certain way in accordance with the contract or existing banking rules.
The liability of the parties for non-performance or improper performance of their obligations under the anonymous metal account agreement is not regulated by applicable legal acts. If this issue is not settled by the parties in the contract itself, then the following solution can be proposed.
A client paying a fee to a bank in the currency of the Russian Federation is liable in accordance with the general rules of art. 395 of the first part of the Civil Code of the Russian Federation on liability for failure to fulfill a monetary obligation. As for the obligations of the bank, it is perfectly acceptable to apply the rule of Art. 856 of the second part of the Civil Code of the Russian Federation on the responsibility of the bank for improper transactions on the account, and therefore, ultimately the same art. 395 of the Civil Code of the Russian Federation, to which Article 856. At the same time, interest on the use of depersonalized metal of the client due to delays in its transfer, transfer, etc. rightfully accrue on the value of the retained precious metal, calculated at the price of the metal on the day when the obligation was to be fulfilled. The amount of interest can be set at the refinancing rate of the Central Bank of the Russian Federation, effective on the day the obligation is fulfilled. The indicated type and size of liability is enshrined in a number of acts of the Bank of Russia that establish the rules for various transactions with precious metals between the Bank and credit organizations (for example, Central Bank of the Russian Federation Ordinance No. 376-U of October 7, 1998 “On the Procedure for Purchase and Purchase Transactions - sales of precious metals with credit organizations in the Russian Federation "(as amended on November 30, 2000).
It should be noted that anonymized metal accounts are also used to carry out a number of banking operations with precious metals, each of which, obviously, has its own contractual design.
Such operations under Regulation N 50 are:
- attraction by the bank of precious metals in deposits (demand and for a certain term) from individuals and legal entities, as well as placement of precious metals on its own behalf and at its own expense in deposit accounts opened with other banks;
- provision of loans in precious metals;
- purchase and sale of precious metals both at their own expense and at the expense of customers (under commission contracts and instructions).
Each of these transactions needs a separate analysis. Therefore, for now, it is advisable to limit ourselves to only the most general comments.
When attracting precious metals to a deposit or deposit, the opening of anonymized metal accounts is mandatory. The ratio of the depersonalized metal account agreement and the deposit (deposit) agreement in precious metals is, in fact, similar to the ratio of the bank account agreement and the bank deposit agreement.
In accordance with Regulation No. 50, banks carry out two types of depersonalized metal accounts for customers: urgent and demand deposits, to carry out operations to attract deposits and deposits.
The attraction of precious metals in deposits on anonymized metal accounts can be carried out in one of three ways:
- by transferring precious metals from other depersonalized metal accounts;
- crediting precious metals to anonymized metal accounts during their physical delivery;
- crediting to the accounts of precious metals sold to a client or precious metals purchased by a bank.
Similarly, precious metals return from anonymized metal accounts:
- by transferring precious metals to other depersonalized metal accounts;
- withdrawal from accounts of precious metals in physical form;
- by making a purchase and sale transaction of precious metals on the account.
The general rule on interest on deposits in precious metals is that such interest is calculated and paid in the currency of the Russian Federation. However, unlike the remuneration paid by the client to the bank for the services of maintaining an anonymized metal account, interest on deposits in accordance with clause 9.9 of Regulation No. 50 can be paid in precious metals as well, but only if this is expressly agreed in the agreement between bank and account holder.
When concluding a loan agreement in precious metals, banks open another type of depersonalized metal accounts - special accounts for the accounting of loans in precious metals issued to customers.
According to clause 9.8 of Regulation No. 50, loans are provided by supplying precious metals to a customer in physical form or to anonymized metal accounts in exchange for an obligation to supply precious metals after the expiration of the period established by the contract. Loan repayment is carried out in the form of physical supply of precious metals or by transferring precious metals from anonymized metal accounts of the borrower. It follows from the foregoing that in only one case - when issuing and repaying a loan with physical metal - the design of a loan agreement does not require the use of anonymous personalized metal accounts.
When banks make purchase and sale transactions of precious metals (under purchase and sale, supply, commission, commission, etc.), depersonalized metal accounts can be used both for crediting metal to the buyer’s account and for debiting metal from the seller’s account. These purchase and sale transactions may be accompanied by both the opening and closing of anonymized metal accounts.
Consider this example. An anonymized metal account agreement is concluded between the bank and the client, according to which an anonymous gold account is opened for the client. However, anonymous gold does not appear on the account from the fact of concluding an agreement and opening an account. At the same time, the client does not have his own physical gold, nor depersonalized metal accounts for gold in other banks. Then the client concludes an agreement, for example, with the same bank on the supply of gold to his depersonalized account. The obligations of the parties under such a supply agreement will consist, respectively, in the payment by the buyer (client) of the gold purchased from the bank and in the crediting by the supplier (bank) of the sold gold to the depersonalized metal account of the client.
Or another example. The client wants to terminate the anonymous metal account agreement and close the account, however, the balance of the anonymous metal in the account does not allow to remove all the metal in physical form<*> or he simply doesn’t need such physical metal. Moreover, the client does not have impersonal accounts in this metal with other banks. In this case, a purchase and sale agreement is concluded, according to which the client sells the remainder of the metal in his account to the bank. The specified transaction allows the client to "reset" the balance of the metal in the depersonalized account and close it.
<*> Since standard and measured ingots are produced of a strictly defined mass, in order to be able to completely “zero out” the impersonal account, the quantitative balance of the mass of metal in the account must be a multiple of the mass of the smallest of the existing ingots.RESPONSIBILITY METAL ACCOUNT AGREEMENT
The subject of the contract for the metal account of safekeeping includes:
- actions of the bank to store precious metals transferred by the client, open an account for safekeeping, accept metals to this account, maintain an account, perform operations on the account in accordance with the client’s instructions, and return precious metals upon termination of the contract;
- customer actions to pay remuneration;
- the object of the contract is precious metals.
In contrast to the depersonalized metal account agreement, under the metal account agreement for safekeeping, operations are carried out with physical metal in the form of ingots and coins. Ingots are understood to mean standard or measured ingots of Russian origin, complying with state standards in force in the Russian Federation, and of foreign origin, complying with international quality standards adopted by the London Association of Precious Metals Market Participants and participants of the London Platinum and Palladium Market; under coins - commemorative, investment, and other Russian and foreign coins, with the exception of coins that are the currency of the Russian Federation.
The following individual characteristics are usually used to account for metals on such accounts and conduct operations with them: for ingots — metal grade, ingot serial number, ligature mass (in grams), chemically pure base metal mass (in grams), sample; for coins - type of metal, coin denomination, its condition, year of minting.
Obviously, without a detailed description of each transferred bullion (coin), which allows identifying him (her) among other similar bullions (coins), the contract should be considered non-concluded.
Regulation No. 50, which sets out a number of essential conditions that are imperatively included in the depersonalized metal account agreement, does not contain similar conditions for the metal account agreement for safekeeping. True, there is another regulatory act of the Central Bank of the Russian Federation - Ordinance No. 682-U of November 18, 1999, “On the Procedure for Concluding Credit Organizations with the Depository of Precious Metals and Maintaining the Account for Safe Storage of Precious Metals with the Bank of Russia”. Appendix 1 to this act contains the text of the said agreement, which actually represents a variant of the agreement of accession, because its conclusion is possible only by signing the specified text by any credit organization. Nevertheless, this act applies only to the relationship between the Central Bank of the Russian Federation and commercial banks, and therefore for the latter, the standard conditions contained in Appendix 1 are not mandatory when they conclude similar agreements with any legal and physical persons. In the latter case, as in the case of the anonymous metal account agreement, banks independently develop standard conditions for their customers.
The legal nature of the metal custody account agreement is significantly different from the legal nature of the anonymous metal account agreement. It seems that the contract under study is mixed and contains elements of storage agreements and a bank account<*>.
<*> This idea has already been expressed in the legal literature. See: Serebryakov I.P. Legal regulation of the turnover of precious metals // Actual problems of civil law / Ed. M.I. Braginsky; Private Law Research Center; Russian School of Private Law. M .: Statute, 1999.S. 415.To understand how these elements relate to each other, it is important to emphasize that, in accordance with Regulation No. 50, the precious metals in the metal account of safekeeping are not attracted from the bank and cannot be placed by it on its own behalf and at its own expense. The client retains the right of ownership (i.e. property right) to precious metals transferred to the bank. This is the fundamental difference between this type of agreement and the anonymous metal account agreement. Therefore, the main interest pursued by the bank in concluding such an agreement does not lie in the possibility of using precious metals of the client, as is the case with anonymized metal accounts, but in receiving fees for the provision of services for the storage of precious metals.
Exploring the storage contract, M.I. Braginsky noted that if there are storage elements in a mixed contract, two options are possible. At the first storage serves the main obligation of the parties to the contract. In the second case, on the contrary, one of the parties to the contract, in addition to the actual storage and in direct connection with it, undertakes to perform actions that constitute the subject of other contracts<*>.
<*> Braginsky M.I. Storage agreement. M .: Statute, 1999.S. 6.In this case, the second option is available. It is storage that is the main function of the bank when concluding the contract of metal account of custody.
This conclusion is also confirmed by the previously mentioned normative act - Decree of the Central Bank of the Russian Federation of November 18, 1999 N 682-U. The main obligation of the Central Bank of the Russian Federation under a contract for the storage and maintenance of an account for the safekeeping of precious metals with the Bank of Russia is precisely the preservation of precious metals transferred by a client (credit institution) for safekeeping from the moment these metals are accepted into the depository of the Central Bank of the Russian Federation until they are issued to the client. It is for storage that the Central Bank of the Russian Federation charges a fee from the client (0.05% per month of the cost of precious metals). The obligations of the Bank of Russia related to servicing its custody account (transferring precious metals from a client's account to other customers' accounts, crediting precious metals to a client's account, issuing statements, etc.) are related, auxiliary and are free of charge.
In accordance with paragraph 3 of Art. 421 of the Civil Code of the Russian Federation to the relations of the parties under a mixed agreement apply in the relevant parts of the rules on contracts, the elements of which are contained in the mixed agreement, unless otherwise follows from the agreement of the parties or the substance of the mixed agreement.
In this regard, it must be emphasized that the analysis of the norms of the Civil Code of the Russian Federation on storage and a bank account applicable to the relevant elements of the mixed agreement under consideration does not provide grounds for expanding the circle of its essential conditions.
for instance, the absence in the contract of the terms of the term can be made up according to the rules of paragraph 2 of Art. 889 of the second part of the Civil Code of the Russian Federation, which establishes that in such a case the custodian (in this case, the bank) is obliged to keep the thing (precious metals) on demand by the depositor (client).
The custody metal account agreement, like the anonymous metal account agreement, should be recognized as onerous and bilateral. Although the legal literature does not presume the retribution of storage by all authors and in the current legal acts there is no direct reference to the retribution of the contract of metal account of safekeeping (as opposed to the contract of anonymized metal account), however, to admit the possibility of a gratuitous nature of such a contract would mean, as it seems , come into conflict with its essence and the general principle of clause 3 of art. 423 of the first Civil Code of the Russian Federation, according to which civil law contracts are presumed to be onerous (especially, as in the case under consideration, when the contract is connected with the implementation of entrepreneurial activity by at least one of its parties (the bank)).
In contrast to an anonymized metal account agreement, a metal account agreement for safekeeping is real, i.e. It is considered concluded from the moment the client transfers to the bank individually identified precious metals in bullion or coin. The model of the consensual storage contract provided for in paragraph 2 of Art. 886 of the second part of the Civil Code of the Russian Federation, as it should be assumed, is not applicable to the contract of the metal account of safekeeping, because the bank can hardly be called an organization that carries out storage as one of the goals of its professional activity.
The subjects of the contract of custody metal account are the same as in the depersonalized metal account agreement.
Like a depersonalized metal account agreement, a custody metal account agreement is concluded in simple written form, mainly by drawing up and signing by the parties a single text of the agreement. The conclusion of the contract in the absence of such a text is also possible, however, it is necessary to keep in mind the following. A client’s statement about opening a metal account for safekeeping and accepting individually identified precious metals to this account, even if the bank has a permit inscription on it, will not mean that the agreement has been concluded (as opposed to the depersonalized metal account agreement). Since the contract under study is real, in order to be considered concluded, a document is required confirming acceptance by the bank of the transferred metals for safekeeping. In accordance with the norm of paragraph 2 of Art. 921 of the Civil Code of the Russian Federation, which regulates the storage of valuables in a bank, may be a registered personal document.
The basic rights and obligations of the parties that make up the content of the contract of metal account of safekeeping include the following.
The bank is obliged:
- ensure the safety of precious metals accepted for safekeeping from the moment they are received until they are returned to the client;
- open a custody account with a metal account;
- keep the specified customer account, i.e. credit and write off individually determined precious metals, take into account the balance of the metal in the account;
- perform, on behalf of the client, operations on the account provided for by applicable law and the agreement (transfer of precious metals from the client’s account to other metal accounts, including anonymized ones, issue of precious metals from the account, account closure, etc.). The question of the timing and procedure for conducting such operations requires legal regulation. The application of the analogy of the law (the norms of Article 849 and Section 2 of Chapter 46 of the second part of the Civil Code of the Russian Federation), proposed for anonymized metal accounts, is incorrect in this situation. Such an analogy can be applied only in one case - when the metal does not leave the bank when transferring from one metal account to another, i.e. it is transferred from the customer’s custody account to its own depersonalized account or to any other client’s metal account opened with the same bank. In other cases, it is necessary to take into account the need for the physical movement of metal from the vault of one bank to the vault of another, which, of course, stipulates special requirements for the timing and order of such an operation;
- guarantee the secrecy of the account, account transactions and customer information;
- to return safe the precious metal upon termination of the contract.
The bank is entitled to terminate the contract if the client violates the established rules for using the account. Since the storage elements prevail in the agreement, the bank is entitled to use clause 2 of Article 899 of the second part of the Civil Code of the Russian Federation and if the client does not fulfill his obligation to take the precious metals back, including if they evade receiving them, after a written warning from the client about the independent sale of precious metals. The proceeds are transferred to the customer minus the amounts due to the bank, including its selling expenses.
Customer is required to:
- pay for bank services;
- comply with the rules for using the account;
- timely pick up precious metals when closing an account and terminating the contract.
The client's rights are similar to his rights under an anonymous metal account agreement.
And finally - on the liability of the parties to the contract.
Given the arguments about the timing and procedure for transactions on secure custody metal accounts, it is hardly lawful to apply the norm of Art. 856 of the second Civil Code of the Russian Federation. Rather, the general rules on liability for non-fulfillment of obligations can be applied here (Article 393 of the first part of the Civil Code of the Russian Federation).
On the other hand, the main function of the bank under the contract is storage, so there is no reason not to assign the bank the responsibility under Art. 901 and 902 of the second part of the Civil Code of the Russian Federation (for loss, shortage or damage to the stored).
As for the responsibility of the client, it, taking into account the monetary nature of the main obligation of the client (payment for bank services), as in the case of the anonymous metal account agreement, can be regulated by art. 395 parts of the first Civil Code of the Russian Federation.
In any case, it should be emphasized that the presence of serious gaps in the regulatory framework governing the contract under study obliges the subjects of the contract to approach the development of the texts of the contract as carefully as possible, to include in them the maximum number of conditions that can be determined on the basis of mutual agreement of the parties .