Tracking innovations and changes in legislative documents regulating interactions in banking system, is an important point for enterprises. Some of the changes that received instruction 153 of the Central Bank of the Russian Federation (the latest version came into effect on 07/01/2014) are within the competence of accountants, so they should pay attention to this issue.

Changes in the latest version of Instruction 153 of the Central Bank of the Russian Federation

Let's dwell on them in more detail.

1. Account opening requirements. The procedure requires the conclusion of an agreement with the bank. Prior to the entry into force of the changes in Instruction 153, the reason for refusing to conclude such an agreement could be the failure of the enterprise to provide identifying information - data on the actual location at the specified legal address, registration documents, data on the main types of activities, a list of the largest counterparties, etc. From July 1, 2014, the bank is obliged to refuse to process documents if the enterprise has not submitted the information required for identification in full, according to the list approved by the Bank of Russia.
2. Registration of bank cards. According to the provisions in force earlier, the head was assigned the right of the first signature, and the chief accountant or the person authorized to keep accounting records was assigned the right of the second signature by issuing bank cards. New edition instructions leaves the authority for the first signature to the head, but the signature of the accountant has ceased to be mandatory. At the same time, it became possible to expand the circle of officials who can be granted the right to sign - this is reflected in par. 13 instructions No. 153-i.

   

3. Right to sign. Paragraph 7.5 of this instruction allows granting the right to sign to persons who provide the company on a contractual basis with services for maintaining accounting.
4. Ability to use electronic signatures. Subparagraph "e" of paragraph 4.1 of the instructions in question is allowed to stipulate in the contract the use of an analogue of a handwritten signature, i.e. electronic signature. To confirm the validity of such a signature, the enterprise will have to provide the bank with a paper certificate of the verification key.
5. Closing an account. The instructions provide for the following cases of possible termination of the bank account agreement: at the initiative of the client or the bank; by decision of a court decision that has entered into force.

   

At the same time, in latest edition it is stipulated that the funds that remained on the account upon closing must be sent by the bank to a special account with the Bank of Russia. In previous regulatory documents, this mechanism was not regulated in any way.

We hope this information will be useful for managers and accountants.

The Legal Department of the Bank of Russia considered the appeal of the Association of Russian Banks on issues related to the interpretation of the provisions of the Instruction of the Central Bank of the Russian Federation dated May 30, 2014 No. 153-I “On opening and closing bank accounts, deposits (deposits), deposit accounts”.

We invite you to familiarize yourself with the text of Letter No. 31-2-6/7019 of the Bank of Russia dated December 11, 2014

CENTRAL BANK
RUSSIAN FEDERATION
(Bank of Russia)
Legal Department

No. 31-2-6/7019 of December 11, 2014

Dear Garegin Ashotovich!

The Legal Department of the Bank of Russia considered the appeal of the Association of Russian Banks dated 02.10.2014 No. А-02/5-603 and reports the following.

1. In our opinion, the norms of civil law on representation do not prevent the Bank of Russia, when regulating the procedure for opening bank accounts, from establishing the requirements contained in paragraph 7.5 of Instructions of the Bank of Russia dated May 30, 2014 No. 153-I “On opening and closing bank accounts, accounts on deposits (deposits), deposit accounts” (hereinafter referred to as Instruction No. 153-I).

2. The question of the procedure for providing by the operator payment system and the central payment clearing counterparty agreeing to perform transactions on the payment system guarantee fund account based on the order of the payment system participant is not subject to regulation by Instruction No. 153-I.

The card with samples of signatures and seal imprints (hereinafter referred to as the card) indicates the person (s) endowed (s) with the right to sign (clause 7.5 of Instruction No. 153-I). Sample signatures of persons entitled to sign shall be recorded in the card for the purpose of verifying the conformity of signatures affixed to funds transfer orders drawn up on paper with the samples declared in the card.

Putting down the signatures of persons who are not entitled to sign in the card is not provided for by Instruction No. 153-I.

Certification of the right to dispose of funds when accepting for execution an instruction on paper in accordance with clause 2.3 of Regulation No. 383-P of the Bank of Russia dated June 19, 2012 “On the rules for transferring funds” (hereinafter Regulation No. 383-P) is carried out by the bank through verification the presence and compliance of the handwritten signature (handwritten signatures) and seal impression (if any) with the samples declared to the bank in the card.

In requisite 44 "Signatures" of the payment order on paper in accordance with Appendix 1 to Regulation No. 383-P, the signatures (signature) of the authorized persons of the payer are affixed according to the samples declared by the bank in the card.

The method by which the consent of the payment system operator or the central payment clearing counterparty is given to perform transactions on the account of the payment system guarantee fund in accordance with Part 6 of Article 30 of the Federal Law "On the National Payment System" is provided for by the bank account agreement in accordance with the rules of the payment system.

We note that clause 2.8 of Regulation No. 383-P establishes that upon receipt of the payer's order requiring, in accordance with federal law, the consent of a third party to dispose of the payer's funds, the payer's bank monitors the presence of the third party's consent in the manner established by law and the contract. The consent of a third party to the disposal of the payer's funds may be given in in electronic format or on paper in the manner stipulated by the agreement, including by drawing up an order, an application by a third party, signing by a third party of the payer's order or at the payer's disposal in a place free from specifying details.

3. In accordance with paragraph 1.2 of Instruction No. 153-I, the identification of a client, his representative, beneficiary, the adoption of reasonable and accessible measures in the circumstances to identify beneficial owners are a condition under which, on the basis of the conclusion of an account agreement of the appropriate type and submission of all documents and information specified by law, an account is opened.

At the same time, the issues of identification are not directly regulated by the norms of Instruction No. 153-I.

At the same time, we note that the obligation of a credit institution to identify a client before acceptance for service is established by Article 7 of the Federal Law “On Counteracting the Legalization (Laundering) of Criminally Obtained Proceeds and the Financing of Terrorism”. It seems that the fulfillment of this public law obligation cannot be transferred to a third party within the framework of a civil law transaction, except in cases directly provided for by law (in particular, paragraph 1.5 of Article 7 of the Federal Law).

4. In accordance with sub-clause 1.11.2 of clause 1.11 of Instruction No. 153-I, the procedure and cases for the electronic production by a bank official (another person authorized by the bank) and certification by an analogue of his handwritten signature of copies of documents submitted by the client (his representative) for opening an account , set by the bank in banking rules. At the same time, we note the inadmissibility of certifying "copies from copies" of documents.

EAT. Shchelkanov

http://arb.ru/b2b/docs/answer_tsb_rf_na_pismo_arb_o_primenenii_instruktsii_banka_rossii_ot_30_05_2014_15-9878169/

Agency? VEP? offers banks webinars, courses and documents on the requirements of Instruction 153-I

On July 1, 2014, the Instruction of the Bank of Russia dated May 30, 2014 entered into force??153-I? On the opening and closing of bank accounts, deposits (deposits), deposit accounts?in addition, by that time a number of changes had also been adopted in general civil legislation concerning the procedure for maintaining bank accounts. In this regard, the Agency? VEP? a number of activities have been carried out.

Open webinars for banks on the requirements of Instruction 153-I

In particular, a webinar was held on July 23. During the webinar, the participants not only received the information they were interested in, but also received answers to questions that arose in the course of their practical work.

Courses and tests according to the requirements of Instruction 153-I in CSR? Big Banking Tests?

The new requirements are also reflected in the program "Great Banking Tests". Are courses developed for banking specialists? ?Opening and closing bank accounts, deposit accounts, deposit accounts? and “Designing a Signature Sample Card and Seal Impression Card?”, in which all the main points related to this topic are reflected in a convenient and accessible form, with special emphasis on last changes legislation. The tests aimed at testing the knowledge of specialists in terms of opening and closing bank accounts have also changed. Are they the ones that make it possible to assess the level of knowledge and the degree of training of banking specialists? to work under the new rules.

Samples of internal bank documents reflecting the requirements of 153-I in the Library of Internal Bank Documents

In addition, as part of the implementation of the new requirements of the Bank of Russia, namely? the need to develop by October 01, 2014 intra-bank documents defining? the procedure for opening and closing bank accounts, the Agency's specialists have prepared regulations that take into account not only the requirements of Instructions of the Bank of Russia? 153-I, but also other normative documents entered into force on Lately. This is, first of all, the Federal Law of June 28, 2014? 173-FZ? On the features of the implementation financial transactions with foreign citizens and legal entities..?, as well as amendments to the Civil Code of the Russian Federation and the federal law dated 07.08.2001? 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism".

Offered by us?The procedure for opening and closing bank accounts for customers?legal entities, individual entrepreneurs and individuals in private practice? and?Regulations for issuing and certifying the Card with samples of signatures and seal imprints? legal entities, individual entrepreneurs, as well as individuals engaged in private practice? can be successfully used by banks as a basis for preparing their internal documents, greatly simplifying work and reducing development time regulatory framework. These documents are presented in another product of the Agency? VEP? - ?Large Banking Library?.

On the basis of the Federal Law of July 10, 2002 No. 86-FZ “On central bank Russian Federation(Bank of Russia)” (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, item 2426; No. 30, item 3101; 2006, No. 19, item 2061; No. 25, item 2648; 2007, No. 1, item 9, item 10; No. 10, 1151; No. 18, 2117; 2008, No. 42, 4696, 4699; No. 44, 4982; No. 52, 6229, 6231; 2009, No. 1, 25 ; No. 29, item 3629; No. 48, item 5731; 2010, No. 45, item 5756; 2011, No. 7, item 907; No. 27, item 3873; No. 43, item 5973; No. 48, 6728; 2012, No. 50, 6954; No. 53, 7591, 7607; 2013, No. 11, 1076; No. 14, 1649; No. 19, 2329; No. 27, 3438, 3476, 3477; No. 30, 4084; No. 49, 6336; No. 51, 6695, 6699; No. 52, 6975; 2014, No. 19, pp. 2311, item 2317), Federal Law “On Banks and banking”(As amended by Federal Law No. 17-FZ of February 3, 1996) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, No. 27, Article 357; Collection of Legislation of the Russian Federation, 1996, No. 6, Article 492; 1998, No. 31, item 3829; 1999, No. 28, item 3459, item 3469; 2001, No. 26, item 2586; No. 33, item 3424; 2002, No. 12, item 1093; 2003, No. 27, Article 2700; No. 50, Article 4855; No. 52, Article 5033, Article 5037; 2004, No. 27, Article 2711; No. 31, Article 3233; 2005, No. 1, Article 18, Article 45; No. 30, item 3117; 2006, No. 6, item 636; No. 19, item 2061; No. 31, item 3439; No. 52, item 5497; 2007, No. 1, item 9; No. 22, Article 2563; No. 31, Article 4011; No. 41, Article 4845; No. 45, Article 5425; No. 50, Article 6238; 2008, No. 10, Article 895; 2009, No. 1, Article 23; No. 9, item 1043; No. 18, item 2153; No. 23, item 2776; No. 30, item 3739; No. 48, item 5731; No. 52, item 6428; 2010, No. 8, item 775; No. 27, item 3432; No. 30, item 4012; No. 31, item 4193; No. 47, item 6028; 2011, No. 7, item 905; No. 27, item 3873, item 3880 ; No. 29, item 4291; No. 48, item 6728, item 6730; No. 49, item 7069; No. 50, item 7351; 2012, No. 27, Art. 3588; No. 31, art. 4333; No. 50, art. 6954; No. 53, art. 7605, art. 7607; 2013, no. 11, art. 1076; No. 19, art. 2317, art. 2329; No. 26, art. 3207; No. 27, art. 3438, Art. 3477; No. 30, art. 4084; No. 40, art. 5036; No. 49, art. 6336; No. 51, art. 6683, art. 6699; 2014, no. 6, art. 563; No. 19, art. 2311, art. 2317) (hereinafter referred to as the Federal Law “On Banks and Banking Activities”), Federal Law No. 115-FZ of August 7, 2001 “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (Collected Legislation of the Russian Federation, 2001, No. 33, article 3418; 2002, No. 30, article 3029; No. 44, article 4296; 2004, No. 31, article 3224; 2005, No. 47, article 4828; 2006, No. 31, article. 3446, Article 3452; 2007, No. 16, Article 1831; No. 31, Article 3993, Article 4011; No. 49, Article 6036; 2009, No. 23, Article 2776; No. 29, Article 3600; 2010 , No. 28, item 3553; No. 30, item 4007; No. 31, item 4166; 2011, No. 27, item 3873; No. 46, item 6406; 2012, No. 30, item 4172; No. 50, Article 6954; 2013, No. 19, Article 2329; No. 26, Article 3207; No. 44, Article 5641; No. 52, Article 6968; 2014, No. 19, Article 2315, Article 2335) (hereinafter - Federal Law No. 115-FZ), part two Civil Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 5, Article 410) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated May 29, 2014 No. 18) the Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions, the Bank of Russia (hereinafter referred to as banks) of bank accounts, deposit accounts (hereinafter referred to as accounts) for legal entities, individuals, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, as well as courts, divisions of the service bailiffs, law enforcement agencies (hereinafter referred to as clients) in the currency of the Russian Federation and foreign currencies.

This Instruction does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and a referendum, accounts opened in locations outside the territory of the Russian Federation separate subdivisions credit organizations created in accordance with the legislation of the Russian Federation, as well as accounts opened on other grounds other than a bank account agreement, deposit (deposit), deposit account.

Chapter 1.
General provisions

1.1. Opening of accounts for clients is carried out by banks, provided that the clients have legal capacity (capacity).

In accordance with paragraph 5 of Article 7 of Federal Law No. 115-FZ, credit institutions are prohibited from opening bank accounts, deposits accounts for individuals without the personal presence of the person opening the bank account (deposit account), or his representative.

Operations on accounts of the corresponding type (account mode) are regulated by the legislation of the Russian Federation and are carried out in accordance with the procedure established by it.

1.2. The basis for opening an account is the conclusion of an account agreement of the appropriate type and the submission before opening an account of all documents and information specified by the legislation of the Russian Federation, provided that, in order to comply with Federal Law No. 115-FZ:

identification of the client, his representative, beneficiary;

reasonable and affordable measures have been taken in the circumstances to identify beneficial owners, with the exception of cases provided for by Federal Law No. 115-FZ, when the identification of beneficial owners is not carried out.

A credit institution, on the basis of paragraph 5 of Article 7 of Federal Law No. 115-FZ, refuses to conclude a bank account, deposit (deposit), deposit account agreement with a client if the documents necessary to identify the client and the client's representative are not submitted.

In accordance with paragraph two of clause 5.2 of Article 7 of Federal Law No. 115-FZ, if there are suspicions that the purpose of opening an account is to carry out operations for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, a credit institution, in accordance with the rules internal control considers whether there are grounds for refusing to conclude an account agreement of the relevant type.

Several accounts may be opened for the client on the basis of one account agreement of the corresponding type, if this is provided for by the agreement concluded between the bank and the client.

1.3. The opening of an account is completed, and the account is open with an entry about the opening of the corresponding personal account in the Registration Book open accounts.

An entry on the opening of a personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day of conclusion (or entry into force) of the account agreement of the corresponding type. The specified entry may be made in the Book of Registration of Open Accounts simultaneously with the conclusion of an account agreement of the corresponding type.

If an account is opened for a client under one agreement, which provides for the possibility of opening several accounts on the basis of an additional application from the client to open an account, an entry on the opening of the corresponding personal account must be entered in the Book of Registration of Open Accounts no later than the business day following the day the bank receives the client's application about opening an account. If the client's request to open an account contains an indication of a specific account opening date, an entry on the opening of the corresponding personal account must be entered in the Open Accounts Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client's request to open accounts. The bank is obliged to have documentary evidence of receipt of the client's request to open an account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.

The reason for closing an account is the termination of the account agreement of the corresponding type in the manner and in the cases provided for by the legislation of the Russian Federation or by agreement of the parties.

Closing of an account is carried out by making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.

In the event of closing one of the accounts opened under one agreement concluded between the bank and the client, an entry on the closure of the corresponding personal account must be made in the Book of Registration of Open Accounts no later than the business day following the day the bank receives the client's application to close the account, if the legislation of the Russian Federation does not provide otherwise. If the client's application for closing an account contains an indication of a specific date for closing an account, an entry about closing the corresponding personal account must be made in the Book of Registration of Open Accounts no later than the business day following such date, but not earlier than the day the bank receives the client's application for closing accounts. The bank is obliged to have documentary evidence of receipt of the client's application to close the account, the methods of fixing which are determined by the bank in the banking rules and (or) the agreement.

The entry into the Book of Registration of Open Accounts of an entry on the closure of a personal account in connection with a change in the number of a personal account due to the requirements of the legislation of the Russian Federation, as well as the regulations of the Bank of Russia (in particular, due to the reorganization of a client or a credit institution servicing him, a change in the procedure accounting, changes in the Chart of Accounts).

Entries in the Book of Registration of Open Accounts shall be made in accordance with the procedure established by the legislation of the Russian Federation and banking rules.

1.4. In order to organize work on opening and closing accounts, a credit institution shall adopt banking rules in accordance with Chapter 11 of this Instruction.

From among its employees, the bank determines the officials responsible for working with clients on opening and closing accounts for clients (hereinafter referred to as the bank's officials), setting them the appropriate official rights and duties with which they must be familiarized against signature.

1.5. Bank officials accept the documents required to open an account of the appropriate type, check the proper execution of documents, the completeness of the information provided and their reliability in the cases and in the manner established by this Instruction, on the basis of the documents received, check whether the client has legal capacity (capacity), as well as perform other functions provided for by this Instruction, banking rules and job description. For these purposes, bank officials interact with customers and their representatives, request and receive the necessary information.

Bank officials may be authorized to identify a client, client representative, beneficiary, take reasonable and accessible measures in the circumstances to identify the beneficial owner.

Bank officials may be authorized to draw up, in the manner prescribed by paragraph 7.10 of this Instruction, a card with samples of signatures and seal imprints (hereinafter referred to as the card).

1.6. A credit institution is obliged to update the information obtained when identifying customers, customer representatives, beneficiaries and beneficial owners in the manner prescribed by the legislation of the Russian Federation.

1.7. Before opening an account, the bank must establish whether the person applying for opening an account is acting on his own behalf or on behalf of another person who will be a client.

If the person who applied to open an account is a representative of the client, the bank is obliged to establish the identity of the client's representative, as well as obtain documents confirming that he has the appropriate authority.

The bank must also establish the identity of the person (persons) endowed with the right to sign, as well as the person (persons) authorized (authorized) to dispose of the funds on the account, using an analogue of a handwritten signature, codes, passwords and other means confirming the existence the specified powers (hereinafter referred to as the analogue of a handwritten signature).

1.8. The bank is obliged to have copies of documents proving the identity of the client, as well as persons whose identity must be established when opening an account, or information about their details: series and number of the document, date of issue of the document, name of the authority that issued the document, and subdivision code (if any) (hereinafter - the details of the identity document).

When making a copy of an identity document, it is allowed to copy individual pages containing required by the bank intelligence.

Information established by the bank prior to opening an account, including information about the client, his representative, beneficiary and beneficial owner, must be documented in accordance with the requirements established by the legislation of the Russian Federation.

1.9. In case of changes in the information to be established when opening an account, customers are required to submit to the bank Required documents(their copies), confirming the change in this information.

1.10. The Bank is obliged to systematically update information about customers to be identified when opening an account, as well as about persons whose identity must be identified when opening an account, in the manner prescribed by banking rules.

1.11. To open an account, the original documents or their copies, certified in accordance with the procedure established by the legislation of the Russian Federation, are submitted to the bank.

In the cases provided for in the banking rules, documents submitted by a client - a legal entity when opening an account, may be certified in the manner prescribed by sub-clause 1.11.1 of this clause. In the cases provided for in the banking rules, a bank official (another person authorized by the bank) may make and certify copies of the documents submitted when opening an account in the manner prescribed by sub-clause 1.11.2 of this clause.

1.11.1. Copies of documents certified by a client - a legal entity, are accepted by the bank, provided that the official of the bank (another person authorized by the bank) establishes their compliance with the original documents. A copy of the document, certified by a client - a legal entity, must contain the last name, first name, patronymic (if any), the title of the position of the person who certified the copy of the document, as well as his own signature, the date of certification and the seal (if it is absent - a stamp) of the client.

On the copy of the document received from the client - a legal entity, the bank official or other person authorized by the bank, who is an employee of the bank, puts the mark “verified with the original”, indicates his last name, first name, patronymic (if any), position or details of the document certifying identity, and also affixes a handwritten signature, the date of certification and an imprint of a seal or stamp established for these purposes by the bank.

On the copy of the document received from the client - a legal entity, another person authorized by the bank, who is not an employee of the bank, puts the mark “checked with the original”, indicates his last name, first name, patronymic (if any), details of the identity document, and also puts down handwritten signature, date of certification and imprint of the seal or stamp established for these purposes by the bank.

1.11.2. An official of the bank (another person authorized by the bank) has the right to certify copies of documents submitted by the client (his representative) for opening an account, both on paper and in electronic form. Copies of the documents submitted by the client (his representative) for opening an account can be made by a bank official (another person authorized by the bank) in electronic form and certified by an analogue of his handwritten signature in the manner and cases established by the bank in banking regulations.

An official of the bank or another person authorized by the bank, who is an employee of the bank, puts on a copy of the document on paper the mark “correct copy” and indicates his last name, first name, patronymic (if any), position or details of an identity document, and also puts down his own handwritten signature, date of certification and imprint of the seal or stamp established for these purposes by the bank.

Another person authorized by the bank, who is not an employee of the bank, puts the mark “copy is correct” on the copy of the document on paper and indicates his last name, first name, patronymic (if any), details of the identity document, and also puts his own signature, date of certification and an imprint of the seal or stamp established for these purposes by the bank.

1.11.3. In the cases provided for in banking rules, in order to open an account of a client - a legal entity, a certified extract from internal documents generated in its activities, or a certified extract from documents directly related to the activities of this client - a legal entity and formed in the activities of legal entities (authorities) in charge of (which is subordinate to) the client - a legal entity.

An extract from internal documents generated in the activities of a client - a legal entity, can be certified in the manner prescribed by the legislation of the Russian Federation, or certified by a client - a legal entity indicating the last name, first name, patronymic (if any), position of the person who certified the extract, as well as with the affixing of his handwritten signature, the date of certification and the seal (if it is absent, a stamp) of the client - a legal entity.

An extract from documents that are directly related to the activities of the client - a legal entity and formed in the activities of legal entities (authorities) in whose jurisdiction the client - a legal entity is located (which has jurisdiction), can be certified in the manner prescribed by the legislation of the Russian Federation, or certified a legal entity (authority) in charge of (which is subordinate to) the client, indicating the last name, first name, patronymic (if any), position of the person who certified the extract, as well as affixing his own signature, date of certification and seal imprint (if its absence - a stamp) of a legal entity (authority), unless a different procedure for certifying an extract from documents is determined by the relevant legal entity (authority).

1.12. In order to open an account, the client is obliged to submit the documents provided for by this Instruction, as well as other documents in cases where the legislation of the Russian Federation requires the opening of an account by the presence of documents not specified in this Instruction. The Bank has the right not to require the submission of those documents that are in the client's legal file, formed in accordance with Chapter 10 of this Instruction.

The client's representative, persons authorized to manage the funds on the account using an analogue of a handwritten signature, and persons entitled to sign are required to submit an identity document, as well as documents confirming the existence of appropriate powers.

In the cases and in the manner provided for in the banking rules, the card may not be presented when opening an account, provided that:

the agreement stipulates that transactions on the account are carried out solely on the basis of the order of the client (the beneficiary of the escrow account), and the orders necessary for conducting a banking operation are drawn up and signed by the bank;

the agreement stipulates that the disposal of funds on the account is carried out exclusively using an analogue of a handwritten signature;

a current account is opened for an individual to carry out transactions exclusively with the use of an electronic means of payment;

Neither the depositor of the escrow account nor the beneficiary of the escrow account has the right to dispose of the funds in the escrow account.

In the cases established by this Instruction, instead of a card, an album of specimen signatures of persons authorized to dispose of the funds on the account (hereinafter referred to as the album) may be submitted in the form established by the agreement or customs.

1.13. All documents submitted to open an account must be valid on the date of their submission.

Documents drawn up in full or in any part in a foreign language (with the exception of documents proving the identity of individuals issued by the competent authorities of foreign states, drawn up in several languages, including Russian), are submitted to the bank with a duly certified translation into Russian language.

Documents issued by the competent authorities of foreign states, confirming the status of legal entities - non-residents, are accepted by the bank subject to their legalization in the prescribed manner or without their legalization in cases stipulated by international treaties of the Russian Federation.

The requirement to submit documents to the bank with a duly certified translation into Russian does not apply to documents issued by the competent authorities of foreign states proving the identity of individuals, provided that the individual has a document confirming the right of legal stay (residence) on the territory of the Russian Federation.

In the cases and in accordance with the procedure provided for in the banking rules, a bank official (another bank employee) who has (has) a degree (qualification) that provides for the possibility of performing the functions of an interpreter in the relevant foreign language (foreign languages), has the right to carry out for use in the bank translation into Russian of documents required for submission to the bank in order to open an account, drawn up in a foreign language. The translation must be signed by the person who made the translation, indicating his position or details of the document proving his identity, last name, first name, patronymic (if any) and his degree (qualification).

1.14. Documents (their copies) collected by the bank for opening an account are placed in a legal file, formed in accordance with the requirements established by Chapter 10 of this Instruction.

Documents (their copies) in electronic form on the issues of opening an account are stored in the manner prescribed by the banking rules, with the requirements of paragraph 10.6 of this Instruction.

Chapter 2
Account types

2.1. Banks open in the currency of the Russian Federation and foreign currencies: current accounts; settlement accounts; budget accounts; correspondent accounts; correspondent sub-accounts; accounts trust management; special bank accounts; deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries; deposit accounts.

2.2. Current accounts are opened for individuals to perform transactions not related to entrepreneurial activity or private practice.

2.3. Settlement accounts are opened for legal entities that are not credit institutions, as well as individual entrepreneurs or individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, for performing transactions related to entrepreneurial activity or private practice. Settlement accounts are opened for representative offices of credit organizations, as well as for non-profit organizations to carry out transactions related to the achievement of the goals for which non-profit organizations were created.

2.4. Budget accounts are opened in cases established by the legislation of the Russian Federation for legal entities that carry out operations with budget funds budget system Russian Federation.

2.5. Correspondent accounts are opened for credit institutions, as well as other organizations in accordance with the legislation of the Russian Federation or an international agreement. The Bank of Russia opens correspondent accounts in foreign currencies.

2.6. Correspondent sub-accounts are opened for branches of credit institutions.

2.7. Trust management accounts are opened for a trust manager to carry out transactions related to trust management activities.

2.8. Special bank accounts, including special bank accounts of a bank payment agent, a bank payment sub-agent, a payment agent, a supplier, a trading bank account, a clearing bank account, a payment system guarantee fund account, a nominal account, an escrow account, a collateral account, a debtor’s special bank account , are opened to legal entities, individuals, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, in cases and in the manner established by the legislation of the Russian Federation for the implementation of operations of the corresponding type provided for by it.

2.9. Deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries are opened respectively for courts, divisions of the bailiff service, law enforcement agencies, notaries for crediting funds received for temporary disposal, when they carry out activities established by the legislation of the Russian Federation and in accordance with the legislation of the Russian Federation cases.

2.10. Accounts on deposits (deposits) are opened respectively for individuals and legal entities to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of placed funds.

Chapter 3
Opening a current account for an individual

3.1. To open a current account for an individual - a citizen of the Russian Federation, the following are submitted to the bank:

d) certificate of registration with the tax authority (if any).

3.2. To open a current account for an individual - a foreign citizen or a stateless person, the documents specified in paragraph 3.1 of this Instruction are submitted, as well as migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, if their availability is provided for by the legislation of the Russian Federation.

Chapter 4
Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation

4.1. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, the following must be submitted to the bank:

b) constituent documents of a legal entity. Legal entities operating on the basis of a model charter approved by the Government of the Russian Federation; operating on the basis of model regulations on organizations and institutions of the corresponding types and types, approved by the Government of the Russian Federation, and charters developed on their basis; operating on the basis of a model provision and a charter, submit the said documents. Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies local government represent legislative and other regulatory legal acts decisions taken in accordance with the procedure established by the legislation of the Russian Federation on their creation and legal status;

c) licenses (permits) issued to a legal entity, if these licenses (permits) are directly related to the client's legal capacity to conclude an agreement on the basis of which an account is opened;

d) card (except for the cases provided for in paragraph 1.12 of these Instructions);

e) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature;

f) documents confirming the powers of the sole executive body of the legal entity;

g) a certificate of registration with a tax authority or a document issued by a tax authority in cases stipulated by the legislation of the Russian Federation for the purpose of opening an account.

4.2. To open a current account for a legal entity, a correspondent account of a credit institution established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following shall be submitted to the bank:

a) the documents provided for in subparagraphs "c", "e", "f" and "g" of paragraph 4.1 of these Instructions;

b) documents confirming the legal status of a legal entity under the laws of the country in whose territory this legal entity is established, in particular, documents confirming its state registration;

c) a card (except for the cases provided for in clause 1.12 of this Instruction).

To open a correspondent account for a credit institution established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, the bank has the right to accept an album instead of a card. Establishing the identity of the persons indicated in the album, as well as persons authorized to dispose of the funds on the correspondent account, using an analogue of a handwritten signature, is not required, unless otherwise specified by the bank in the banking rules.

In order to open a correspondent account for a central (national) bank of a foreign state, the bank shall submit legislative and (or) other regulatory legal acts on its legal status, an album, as well as a document stipulated by subparagraph “g” of paragraph 4.1 of this Instructions, if in accordance with the legislation of the Russian Federation it must be received.

4.3. To open a current account for a legal entity established in accordance with the legislation of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following are submitted to the bank:

a) the documents specified in paragraph 4.1 of these Instructions;

b) provision on a separate subdivision of a legal entity;

c) documents confirming the powers of the head of a separate subdivision of a legal entity;

d) a document confirming the registration of the legal entity with the tax authority at the location of its separate subdivision.

4.4. To open a current account for a legal entity established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, for the performance of operations by its separate subdivision (branch, representative office), the following are submitted to the bank:

a) documents provided for in clause 4.2 of this Instruction;

b) the documents provided for in subparagraphs “b” and “c” of paragraph 4.3 of these Instructions.

In the cases stipulated by the legislation of the Russian Federation, documents are also submitted evidencing that an entry has been made in the consolidated State Register representative offices accredited in the Russian Federation foreign companies or the state register of branches of foreign legal entities accredited in the territory of the Russian Federation.

4.5. To open a current account, the embassy, ​​consulate, as well as other diplomatic and equivalent representation of a foreign state, the documents provided for in subparagraphs “d”, “e” and “g” of paragraph 4.1 of this Instruction are submitted to the bank.

In order to open a current account, a diplomatic mission and an equivalent representative office of a foreign state must additionally submit documents confirming the status of the representative office.

4.6. To open a current account international organization an international agreement, charter or other similar document confirming the status of the organization, as well as the documents provided for in subparagraphs “d”, “e”, “f” and “g” of paragraph 4.1 of these Instructions are submitted to the bank.

To open a current account for a separate subdivision of an international organization for transactions by this separate subdivision (branch, representative office) located on the territory of the Russian Federation, the documents provided for in subparagraphs “b” and “c” of paragraph 4.3 of these Instructions are additionally submitted to the bank.

4.7. In order to open a current account for an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the following are submitted to the bank:

a) an identity document of an individual;

b) a card (except for the cases provided for in clause 1.12 of these Instructions);

c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account (if such powers are transferred to third parties), and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account, by third parties using an analogue of a handwritten signature, documents confirming the authority of persons entitled to use an analogue of a handwritten signature;

d) certificate of registration with the tax authority;

e) certificate of state registration as an individual entrepreneur. The notary shall submit a document confirming the empowerment (appointment to a position) issued by the justice authorities of the constituent entities of the Russian Federation, in accordance with the legislation of the Russian Federation. The lawyer submits a document certifying his registration in the register of lawyers, as well as a document confirming the establishment of a lawyer's office;

f) licenses (patents) issued to an individual entrepreneur or a person engaged in private practice, in accordance with the procedure established by the legislation of the Russian Federation, for the right to carry out activities subject to licensing (regulation by issuing a patent).

4.8. To open a current account, an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who are foreign citizens, must submit the documents specified in paragraph 4.7 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen or person without citizenship for stay (residence) in the Russian Federation, if their presence is provided for by the legislation of the Russian Federation.

4.9. To open a budget account for a legal entity, along with the documents provided for in subparagraphs "a", "b", "d", "e", "f" and "g" of paragraph 4.1 of this Instruction, in cases established by the legislation of the Russian Federation, a document is submitted to the bank confirming the legal entity's right to bank services.

4.10. To open a correspondent account for a credit institution established in accordance with the laws of the Russian Federation, the Bank of Russia shall submit the documents specified in Clause 4.1 of this Instruction, with the exception of the documents specified in subclauses a), b, c, and f of clause 4.1 of this Instruction.

In order to open a correspondent account for a credit institution established in accordance with the legislation of the Russian Federation, the credit institution shall submit, along with the documents specified in Clause 4.1 of this Instruction, confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of duties) in accordance with the legislation of the Russian Federation Federation is subject to agreement with the Bank of Russia, when indicating these persons in the card.

4.11. In order to open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, in the cases established by Bank of Russia regulations, along with the documents specified in paragraph 4.3 of these Instructions, a notice is submitted to the credit institution about entering information about the opening of a branch in the State Register of registration of credit institutions and assignment of a serial number to it, as well as confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of duties) in accordance with the legislation of the Russian Federation is subject to approval by the Bank of Russia, when these persons are indicated in the card.

To open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the Bank of Russia shall submit the documents provided for in clause 4.3 of this Instruction, with the exception of the documents provided for in sub-clauses "a", "b", "c" and "f" of clause 4.1 of this Instruction and subparagraphs “b”, “c” of paragraph 4.3 of this Instruction.

4.12. To open a correspondent account for the Bank of Russia in foreign currency, a special bank account, the following shall be submitted to a credit institution:

a) certificate of state registration of a legal entity;

c) a card (except as provided for in paragraph 1.12 of these Instructions) or an album.

4.13. In order to open accounts for the trustee for transactions related to activities related to trust management (trust management accounts), the following shall be submitted to the bank:

a) the documents specified in this chapter for opening an account for the relevant client;

b) an agreement on the basis of which trust management is carried out.

4.14. To open a special bank account, the same documents are submitted to the bank as for opening a current account, correspondent account or current account, subject to the requirements of the legislation of the Russian Federation.

When opening a special bank account for a bank paying agent, a bank paying subagent, a paying agent, a supplier, a credit institution must have information, respectively, on the agreement on engaging a bank paying agent (bank payment subagent), on the agreement on carrying out activities for accepting payments from individuals.

When opening nominal account, escrow account, the bank must have information about the beneficiary and the basis for his participation in relations under the nominal account agreement, escrow account. The bank must also have information about the pledge holder of the pledge account.

The procedure for fixing the specified information is determined by the bank independently in the banking rules.

To open a special bank account of the debtor, the bankruptcy trustee shall submit an identity document, a copy of the judicial act on the approval of the bankruptcy trustee in the bankruptcy case of the debtor, and a card.

Chapter 5
Opening accounts for deposits (deposits)

5.1. To open an account for a natural person - a citizen of the Russian Federation on a deposit in a bank, the following is submitted:

a) an identity document of an individual;

b) certificate of registration with the tax authority (if any).

If the contract bank deposit the possibility of transferring funds from the deposit account is provided, a card is presented. At the same time, documents confirming the authority of the persons indicated in the card to dispose of the funds on the deposit account (if such authority is transferred to third parties) are submitted. If the agreement provides for the certification of the rights to dispose of funds on the deposit account by third parties using an analogue of a handwritten signature, documents confirming the authority of persons entitled to use an analogue of a handwritten signature are submitted.

5.2. To open a deposit account for an individual - a foreign citizen or stateless person, the documents specified in clause 5.1 of this Instruction, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation , if their presence is provided for by the legislation of the Russian Federation.

5.3. To open a legal entity established in accordance with the legislation of the Russian Federation, a deposit account is submitted to the bank:

a) certificate of state registration of a legal entity;

b) certificate of registration with the tax authority.

5.4. To open a legal entity established in accordance with the laws of a foreign state and located outside the territory of the Russian Federation, a deposit account is submitted to the bank with documents confirming the legal status of this legal entity under the legislation of the country in which the legal entity was created, in particular documents confirming its state registration.

5.5. To open an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, a deposit account is submitted to a bank:

a) an identity document of an individual;

b) certificate of registration with the tax authority;

c) certificate of state registration as an individual entrepreneur. The notary shall submit a document confirming the empowerment (appointment to a position) issued by the justice authorities of the constituent entities of the Russian Federation, in accordance with the legislation of the Russian Federation. The lawyer submits a document certifying his registration in the register of lawyers, as well as a document confirming the establishment of a lawyer's office.

5.6. To open a deposit account for an individual entrepreneur or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who are foreign citizens, the documents specified in paragraph 4.7 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person for stay (residence) in the Russian Federation, if their presence is provided for by the legislation of the Russian Federation.

Chapter 6
Opening deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, notaries

6.1. To open a court deposit account, the following must be submitted to the bank:

a) a document defining the legal status judicial authority to whom the account is opened;

b) a card (except for the cases provided for in clause 1.12 of these Instructions);

6.2. To open a deposit account of divisions of the bailiff service, the following are submitted to the bank:

a) a document on the legal status of the bailiff service unit for which the account is opened;

b) a card (except for the cases provided for in clause 1.12 of these Instructions);

c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.

6.3. To open a deposit account of law enforcement agencies, the following are submitted to the bank:

a) a document on the legal status of the law enforcement agency for which the account is opened;

b) a card (except for the cases provided for in clause 1.12 of these Instructions);

c) documents confirming the powers of the persons indicated in the card to dispose of the funds on the account, and in the case when the agreement provides for the certification of the rights to dispose of the funds on the account using an analogue of a handwritten signature, documents confirming the powers of persons, entitled to use an analogue of a handwritten signature.

6.4. To open a notary's deposit account, the following must be submitted to the bank:

a) an identity document of an individual;

b) a card (except for the cases provided for in clause 1.12 of these Instructions);

c) a document confirming the empowerment of a notary (appointment to a position), issued by the justice authorities of the constituent entities of the Russian Federation, in accordance with the legislation of the Russian Federation.

Chapter 7
Card with samples of signatures and seal imprint

7.1. The card is submitted by the client to the bank in the cases provided for by this Instruction, together with other documents necessary for opening an account.

The card can be issued in the form No. 0401026 according to OKUD ( All-Russian classifier management documentation OK 011-93) given in Appendix 1 to this Instruction, or in the form established by banking rules and containing information to be included in the card in accordance with Appendix 1 to this Instruction.

7.2. The card is filled in using a typewriter or an electronic computer in black font or a pen with black, blue or purple paste (ink). Application facsimile signature to fill in the fields of the card is not allowed.

7.3. The bank makes the number of copies of the card necessary for use in the work. The use of copies of the card obtained on a copying technique is allowed provided that the copying is made without distortion.

Copies of the card made on paper must be certified by the signature of the chief accountant of the bank (his deputy) or a bank employee authorized by the bank's administrative act to draw up the card in accordance with paragraph 7.10 of this Instruction (hereinafter referred to as the authorized person).

Instead of copies, it is possible to use several copies of the cards provided by the client.

When servicing several client accounts by the bank and subject to the coincidence of the list of persons entitled to sign, the bank has the right not to require the issuance of a card for each account in the cases and in the manner provided for in the banking rules.

In the cases and in the manner provided for in the banking rules, the bank may use a copy of the card obtained using scanning devices, certified by an analogue of the handwritten signature of the bank's chief accountant (his deputy) or an authorized person. At the same time, it should be possible to reproduce without distortion a copy of a card obtained using scanning devices on paper.

7.4. Forms of cards are made by clients, bank independently.

An arbitrary number of lines is allowed in the fields “Client (Account Owner)”, “Cash checks issued”, “Other notes”, “Last name, first name, patronymic” and “Signature sample”, taking into account the number of persons entitled to sign, as well as in the field “Account number” in the case provided for in clause 7.3 of these Instructions.

When making a card, an interlinear indication of the translation of the fields of the card in the languages ​​of the peoples of the Russian Federation, as well as in foreign languages, is allowed.

The field “Sample Seal Impression” should provide for the possibility of putting a seal imprint without going beyond the boundaries of this field.

7.5. In the card presented by the client - individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the person (s) endowed with the right to sign is indicated.

The right to sign belongs to the client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.

The right to sign may belong to natural persons on the basis of an appropriate power of attorney issued in the cases and in the manner established by the legislation of the Russian Federation, by an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.

The card submitted by the client - a legal entity, indicates the person (persons) endowed with the right to sign.

The right to sign belongs to the sole executive body of the client - legal entity (sole executive body), as well as other employees (employees) vested with the right to sign by the client - legal entity, including on the basis of an administrative act, power of attorney.

The signing right may belong only to employees (employees) of the client - a legal entity, except for the cases established by paragraphs nine - eleven of this clause.

The head of a separate subdivision of a client - a legal entity, if he has the appropriate authority, has the right, by his administrative act or on the basis of a power of attorney, to give the right to sign the employees (employees) of this separate subdivision.

In accordance with Article 11.1 of the Federal Law “On Banks and Banking Activities”, the disposal of funds held on the accounts of a credit institution opened with the Bank of Russia may be assigned only to persons agreed in accordance with the procedure established by parts six through eight of the said article.

The right to sign may be assigned to a clearing organization, payment system operator, central payment clearing counterparty, manager or managing organization, bankruptcy trustee, persons providing accounting services.

If the managing organization that performs the functions of the sole executive body grants its employees (employees) or employees (employees) of the client - legal entity the right to sign on behalf of the client - legal entity, such a right may be granted on the basis of an administrative act of the managing organization or a power of attorney.

The sole executive body of the managing organization may act as the person entitled to sign.

The card submitted by the client - legal entity shall contain at least two handwritten signatures required for signing documents containing the client's order, unless a different number of signatures is determined by agreement between the bank and the client - legal entity.

Possible combinations of handwritten signatures of persons entitled to sign, necessary for signing documents containing the client's order, are determined by an agreement between the bank and the client.

7.6. The sole executive body of a client - a legal entity, an individual entrepreneur, may not be indicated in the card as persons entitled to sign, provided that other persons are granted the right to sign.

7.7. To issue a card, only documents confirming the status of the persons indicated in the card are submitted to the embassy or consulate. If an international agreement ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an official of an embassy or consulate to authenticate the signatures of employees of the relevant embassy or consulate, then the bank accepts a card in which the authenticity of the signatures of these employees is certified by the specified official.

7.8. The sample imprint of the seal affixed by the client to the card must correspond to the seal that the client has.

The provisional administration for the management of a credit institution shall affix an imprint of a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the provisional administration for the management of a credit organization.

The bankruptcy commissioner (liquidator), the external administrator affixes an imprint of the seal used by him in the implementation of bankruptcy proceedings (liquidation), external administration.

7.9. The authenticity of handwritten signatures of persons entitled to sign may be certified by a notary. The Bank accepts a card in which the authenticity of the signatures of all persons entitled to sign is certified by one notary.

7.10. The card can be issued without notarization of the authenticity of signatures in the presence of an authorized person in the following order.

7.10.1. The authorized person establishes the identity of the persons indicated in the card on the basis of the submitted identity documents.

7.10.2. The authorized person establishes the powers of the persons indicated in the card on the basis of studying the constituent documents of the client, as well as documents on vesting the person with the appropriate powers.

7.10.3. The persons indicated in the card, in the presence of an authorized person, put their own signatures in the corresponding field of the card. Blank lines are filled with dashes.

7.10.4. The authorized person, in confirmation of the signatures of the persons indicated in the card in his presence, fills in the field “Place for the certification inscription on the certification of the authenticity of signatures” of the card in the bank’s premises in the manner prescribed by paragraph 2.9 of Appendix 2 to this Instruction.

7.11. The card is valid until the termination of the bank account agreement, deposit account, deposit account, or until it is replaced by a new card.

In case of replacement or addition of at least one signature and (or) replacement (loss) of the seal, change of the surname, name, patronymic of the person indicated in the card, in cases of change of the name, organizational and legal form of the client - legal entity or in case of early termination (suspension of ) the powers of the client's management bodies in accordance with the legislation of the Russian Federation, the client presents a new card.

The presentation of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the authority of the persons indicated in the card to dispose of the funds on the account, as well as documents proving the identity of the person (persons) vested with the right to sign. The Bank is not entitled to accept a new card without presenting the said documents, except for the cases when the said documents were submitted to the Bank earlier and the Bank already has them.

7.12. The Bank has the right to make changes in the fields “Location (place of residence)”, “tel. No.” of the card.

The Bank has the right to independently make changes to the fields “Bank”, “Bank mark”, “Account number”, “Term of authority”, “Cash checks issued” of the card.

Cases when it is allowed to make changes to the fields “Location (place of residence)”, “tel. No.”, “Bank”, “Bank mark”, “Account number”, “Term of office”, “Cash checks issued” of the card, are determined by the bank in the banking rules.

The Bank has the right to make corrections in the fields of the card, drawn up in the manner prescribed by clause 7.10 of this Instruction, when filling in which errors were made.

The procedure for making changes and corrections to the fields of the card is determined by the bank independently in the banking rules. When making changes and corrections, strikethrough of the text is carried out with a thin line so that you can read the strikethrough.

7.13. If the right to sign is granted temporarily to persons not specified in the card, as well as in the case of temporary use of an additional seal, the card shall be accompanied by temporary cards drawn up in the manner prescribed by this Instruction. In this case, in the upper right corner on the front side of the card, a mark “Temporary” is put down.

7.14. The front and back sides of the card are filled in in the manner prescribed by Appendix 2 to this Instruction.

7.15. Under an escrow account, the right to sign can be transferred to the beneficiary of the escrow account on the basis of an escrow account agreement, another agreement under which the bank is the escrow agent. In this case, a card is presented to the bank, for the purpose of issuing which the beneficiary of the escrow account is considered as a client of the bank.

Chapter 8
Closing a bank account

8.1. The basis for closing a bank account is the termination of the bank account agreement, including in the case established by paragraph three of paragraph 52 of Article 7 of Federal Law No. 115-FZ.

8.2. After the termination of the bank account agreement, income and expenditure transactions are not carried out on the client's account, except for the operations provided for in paragraph 8.3 of these Instructions. The funds received by the client after the termination of the bank account agreement are returned to the sender.

8.3. After the termination of the bank account agreement, before the expiration of seven days after receiving the relevant written application from the client, the bank issues the balance of funds from the bank account to the client in cash or transfers funds by payment order.

If the client fails to appear to receive the balance of funds on the bank account within sixty days from the date of sending, in accordance with paragraph 1.2 of Article 859 of the Civil Code of the Russian Federation, by the bank to the client, a notice of termination of the bank account agreement or failure to receive the bank within specified period the client’s instructions to transfer the amount of the balance of funds to another account, the bank is obliged, in accordance with paragraph two of clause 3 of Article 859 of the Civil Code of the Russian Federation, to credit cash to a special account with the Bank of Russia opened in accordance with Bank of Russia Ordinance No. 3026-U dated July 15, 2013 “On a Special Account with the Bank of Russia”, registered by the Ministry of Justice of the Russian Federation No. 29423 dated August 16, 2013 (“Bulletin of the Bank of Russia” dated August 28, 2013 No. 47).

8.4. In connection with the termination of the bank account agreement, the client is obliged to hand over to the bank unused cash checkbooks with the remaining unused cash checks and stubs in the manner prescribed by the legislation of the Russian Federation.

8.5. In the absence of funds in the bank account, an entry on the closure of the relevant personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the bank account agreement is terminated, unless otherwise provided by the legislation of the Russian Federation.

The presence of restrictions on the disposal of funds in a bank account, provided for by the legislation of the Russian Federation, in the absence of funds in the bank account, does not prevent making an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.

If there are funds on the bank account on the day of termination of the bank account agreement, an entry on the closure of the corresponding personal account is made in the Book of Registration of Open Accounts no later than the business day following the day the funds are debited from the bank account.

In case of termination of the bank account agreement in the presence of restrictions provided for by the legislation of the Russian Federation on the disposal of funds in the bank account and in the presence of funds in the account, an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts is made after the cancellation of these restrictions no later than the working day following day of debiting funds from the bank account.

The presence of unfulfilled orders for the transfer of funds does not prevent the termination of the bank account agreement and the entry of an entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts.

8.6. In order to close the bank account of the debtor in the course of bankruptcy proceedings, the bankruptcy trustee shall submit an identity document, a copy of the judicial act on the approval of the bankruptcy trustee in the bankruptcy case of the debtor, a written application for closing the bank account indicating the details of the bank account to which the balance of funds is to be transferred to account, details of the beneficiary's bank. If the order to transfer the balance of funds under bank account drawn up and signed by the bank, the card is not submitted to the bank.

8.7. When terminating the nominal account agreement, the bank transfers the balance of funds by payment order to another nominal account of the client - account holder or issues it to the beneficiary in cash or (unless otherwise provided by law or the nominal account agreement or follows from the essence of the relationship) transfers the payment order by indicating the beneficiary to another account.

Unless otherwise provided by the agreement of the client-depositor and the beneficiary, upon termination of the escrow account agreement, the bank issues the balance of funds on the account to the client-depositor in cash or transfers funds to the client-depositor by a payment order or, if there are grounds for transferring funds to the beneficiary, it issues to the beneficiary in cash or transfers funds to the beneficiary by payment order.

Chapter 9
Closing an account on a deposit (deposit), deposit account

9.1. The basis for closing a deposit (deposit) account is the termination of the deposit (deposit) agreement, including in the case established by paragraph three of clause 5.2 of Article 7 of Federal Law No. 115-FZ.

An entry on the closure of the corresponding personal account in the Book of Registration of Open Accounts is made by the bank on the day of the appearance of a zero balance on the deposit (deposit) account, unless otherwise provided by the deposit (deposit) agreement.

9.2. Closing of deposit accounts of courts, units of the bailiff service, law enforcement agencies, notaries is carried out in accordance with this chapter, unless otherwise provided by the legislation of the Russian Federation.

Chapter 10
legal case

10.1. A legal case is formed by the bank for each client account.

One legal case can be formed on several client accounts. The cases and procedure for the formation of one legal case on several customer accounts are determined by the bank in the banking rules.

The client's legal case is assigned a serial number in accordance with banking rules.

If the person who applied to the bank to open an account is a representative of several clients, the bank has the right to place copies of documents (or information about their details) proving the identity of the representative, as well as documents confirming that he has the appropriate authority, in the legal file of one of clients in whose interests the representative acts. At the same time, the legal files of other clients must contain information indicating the legal file in which the specified documents of the representative of these clients are placed. The cases and procedure for the formation of legal cases of clients, on behalf of which one representative acts, are determined by the bank in the banking rules.

10.2. In a legal case are placed:

documents and information submitted by the client (his representative) when opening an account, as well as documents submitted in case of changes in the specified information;

contract (contracts) of a bank account, deposit (deposit), deposit account, amendments and additions to the said contract (s), other contracts defining the relationship between the bank and the client on opening, maintaining and closing an account;

documents related to sending messages by the bank tax authority on opening (closing) an account;

correspondence between the bank and the client on opening, maintaining and closing an account;

expired cards;

other documents relating to the relationship between the client and the bank on opening, maintaining and closing an account.

The cards presented and used in customer service shall be stored in a place determined by the bank itself.

10.3. When seizing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (decree) government agency documents received by the bank during the seizure (seizure) of the document (its copy) are placed in the legal file.

When compiling one document, when seizing (seizure) documents from several legal cases, the document (its copy) received by the bank when seizing (seizure) documents is placed in one of the legal files, copies of the specified document certified by the bank are placed in other legal cases.

When seizing (withdrawing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures in the circumstances to place in the legal file a copy of the document being withdrawn, certified in the manner prescribed by clause 1.11 of these Instructions.

10.4. The Bank is obliged to exclude unauthorized access to the legal files of clients during their storage.

10.5. In case of termination of servicing a client in one division of the bank and transferring him for servicing to another division of the bank, the legal case may be transferred from one division of the bank to another in the manner prescribed by banking rules.

10.6. Legal cases are kept by the bank during the entire period of validity of the bank account agreement, deposit (deposit), deposit account, and after the termination of relations with the client - for the period established by the legislation of the Russian Federation.

The terms for storing documents (their copies) in electronic form relating to the relationship between the bank and the client on opening, maintaining and closing an account must be no less than the terms for storing the relevant legal file of the client.

Chapter 11
banking rules

11.1. Banking rules are an internal document of a credit institution and include the following provisions:

on distribution between structural divisions a credit institution with competence in the field of opening and closing accounts, including the procedure for maintaining and storing the Book of Registration of Open Accounts;

on the procedure for opening and closing accounts, taking into account the requirements established by this Instruction, as well as on organizing work to comply with the requirement for the personal presence of a person opening a bank account (deposit account) or his representative when opening a bank account (deposit account) for an individual ;

on the procedure for the preparation by the credit institution of documents used in opening and closing accounts, as well as the procedure for the preparation and certification by the credit institution of copies of documents submitted by the client;

about the rules of document flow from the moment of receipt of documents from the client (his representative) until the moment the account number is communicated to the client;

on the organization of work on the preparation and sending of notifications to the tax authority on opening or closing an account, on changing the details of an account;

on the procedures for accepting documents for opening accounts;

on the form and procedure for issuing a card;

on the procedure for obtaining and issuing a sample signature of a client - an individual in the case provided for in paragraph six of clause 1.12 of these Instructions;

on the procedure for notifying customers about the details of their accounts;

on the procedure for recording and storing documents (their copies) received when opening, maintaining and closing accounts (including in electronic form);

on the cases and procedure for the formation of one legal case on several client accounts;

on the procedure for access to legal cases of clients;

on the procedure for the transfer of legal cases in the divisions of the credit institution;

on the procedure for updating information about clients and persons, information about which must be established when opening an account;

on the procedure for fixing information on an agreement on engaging a bank payment agent (bank payment subagent), on an agreement on carrying out activities for accepting payments from individuals;

on the procedure for recording information about the beneficiary and on the basis of his participation in relations under the agreement of a nominal account, escrow account, pledge account.

Banking rules may include other provisions relating to the opening and closing of accounts, as well as procedures related to the opening and closing of accounts.

11.2. Banking rules cannot contain provisions that contradict the legislation of the Russian Federation.

11.3. In order to organize the work of opening and closing accounts, the divisions of the Bank of Russia are entitled to accept internal documents containing the provisions specified in paragraph 11.1 of this Instruction, in compliance with the requirements established by paragraph 11.2 of this Instruction.

Chapter 12
Final provisions

12.2. Reissuance of cards accepted by the bank prior to the entry into force of this Instruction is not required. In this case, the documents containing the client's order are signed by the person with the right of the first signature and the person with the right of the second signature (if available in the card).

Banking rules may establish the use of card forms that were used before the entry into force of this Instruction. In this case, the fields “Last name, first name, patronymic” and “Signature sample” opposite the “Second signature” field of such cards are not subject to filling.

12.3. Internal documents in force on the date of entry into force of this Instruction must be brought into line with its requirements within three months from the date of entry into force of this Instruction.

12.4. From the date of entry into force of this Instruction, to recognize as invalid:

Instruction of the Bank of Russia dated September 14, 2006 No. 28-I “On opening and closing bank accounts, accounts on deposits (deposits)”, registered by the Ministry of Justice of the Russian Federation on October 18, 2006 No. 8388 (“Bulletin of the Bank of Russia” dated October 25, 2006 No. 57);

Bank of Russia Ordinance No. 2009-U dated May 14, 2008 “On Amendments to Bank of Russia Instruction No. 28-I dated September 14, 2006 “On Opening and Closing Bank Accounts, Deposit Accounts”, registered by the Ministry of Justice of the Russian Federation May 30, 2008 No. 11786 (“Bulletin of the Bank of Russia” dated June 11, 2008 No. 32);

Bank of Russia Ordinance No. 2342-U dated November 25, 2009 “On Amendments to Bank of Russia Instruction No. 28-I dated September 14, 2006 “On Opening and Closing Bank Accounts and Deposit Accounts”, registered by the Ministry of Justice of the Russian Federation December 14, 2009 No. 15591 (“Bulletin of the Bank of Russia” dated December 23, 2009 No. 74);

Bank of Russia Ordinance No. 2868-U dated August 28, 2012 “On Amendments to Bank of Russia Instruction No. 28-I dated September 14, 2006 “On Opening and Closing Bank Accounts, Deposit Accounts”, registered by the Ministry of Justice of the Russian Federation September 21, 2012 No. 25515 (“Bulletin of the Bank of Russia” dated September 26, 2012 No. 58).

Annex 1
to the Instruction of the Bank of Russia
dated May 30, 2014 No. 153-I
"About opening and closing
bank accounts,
accounts on deposits (deposits),
deposit accounts"

					Form Code document OKUD
					0401026
Card with samples of signatures and stamps
Client (account holder)				Bank mark _______________________ (signature) “___” ____________ 20__
Location (place of residence)
	tel. No.
Bank
				Other marks

Back side

		account number
(abbreviated name of the client (account holder)
Full Name	Signature example	Term of Office
Date of completion		Print sample
Signature of the client (account holder)
Place for a certification inscription on the evidence of the authenticity of signatures		Checks issued
		date	with no.	by no.	date	with no.	by no.

Annex 2
to the Instruction of the Bank of Russia
dated May 30, 2014 No. 153-I
"About opening and closing
bank accounts,
accounts on deposits (deposits),
deposit accounts"

The procedure for filling out a card with samples of signatures and seal imprints

1. The fields on the front side of the card are filled in in the following order:

1.1. In the field “Client (account holder)”:

the client - a legal entity indicates the full name in accordance with its constituent documents. In the case of opening an account for a legal entity for transactions by its branch, representative office, the full name of the legal entity in accordance with its constituent documents and after a comma - the full name of the separate subdivision in accordance with the regulation on the separate subdivision approved by the legal entity;

a client - an individual indicates in full his surname, first name, patronymic (if any), date of birth;

the client - an individual entrepreneur indicates in full his last name, first name, patronymic (if any), date of birth, and also makes an entry “individual entrepreneur”;

client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates in full his last name, first name, patronymic (if any), date of birth, as well as type of activity (for example, a lawyer, notary, arbitration manager).

1.2. In the field “Location (place of residence)”:

a client - a legal entity indicates the address (location) of the permanent executive body (in the absence of a permanent executive body of the legal entity - another body or person entitled to act on behalf of the legal entity without a power of attorney), through which communication with the legal entity is carried out. In cases where the functions of the sole executive body of a client - legal entity are performed by a managing organization or a manager, the client additionally indicates the location of the managing organization, or the address of the place of residence (registration), or the address of the place of residence. Client - an individual, an individual entrepreneur indicates the address of the place of residence (registration) or place of stay;

a client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates the address of his direct activity or the address of the place of residence (registration) or place of stay.

1.3. In the field "tel. №” the client specifies the phone number. Multiple customer phone numbers are allowed.

1.4. The field “Bank” shall contain the full company name or abbreviated company name of the credit institution or the name of the Bank of Russia division in which the account is opened.

1.5. In the “Bank mark” field, after assigning the corresponding number to the account by the chief accountant or his deputy or another person to whom the right to make an entry about the opening of an account for the client in the Book of registration of open accounts has been granted by the bank’s order document, a handwritten signature and the date from which the card is used are affixed.

1.6. In the “Other notes” field, the bank may indicate information on the provision of temporary cards, on the period of time during which they are valid, on cases of their replacement, the procedure and frequency of issuing account statements, as well as other information required by the bank.

2. The fields on the reverse side of the card are filled in in the following order.

2.1. In the field “Abbreviated name of the client (account holder)”:

a client - a legal entity indicates its abbreviated name in accordance with its constituent documents or the abbreviated name of a branch, representative office of a legal entity in accordance with the regulation on the branch, representative office approved by the legal entity. In the absence of an abbreviated name, the full name of the client - legal entity (branch, representative office) is indicated;

client - an individual indicates in full his last name, first name, patronymic (if any);

the client - an individual entrepreneur indicates in full his last name, first name, patronymic (if any), and also makes an entry “individual entrepreneur”;

client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, indicates in full his last name, first name, patronymic (if any), and also indicates the type of activity (for example, a lawyer, a notary).

Filling in the field “Abbreviated name of the client (account holder)” is also allowed in Latin letters without line-by-line translation into Russian.

In the field “Abbreviated name of the client (account holder)”, it is allowed to indicate the abbreviated name of the client provided for by the agreement between the bank and the client.

2.2. In the field “Account number” after making an entry about the opening of an account for a client in the Book of registration of open accounts Chief Accountant, his deputy or another person who has been granted the right to make an entry about the opening of an account for a client in the Book of Registration of Open Accounts, affixes the assigned account number.

2.3. In the field “Last name, first name, patronymic” the full surname, first name, patronymic (if any) of the persons entitled to sign shall be indicated.

2.4. In the “Signature Sample” field, a handwritten signature opposite their last name, first name or patronymic (if any) is affixed by persons entitled to sign.

2.5. The “Term of office” field is intended to control the term of office of persons entitled to sign, established on the basis of the constituent documents, the client's administrative act or the power of attorney issued by him. Cases and procedure for filling in the field “Term of authority” by the bank are determined by the bank in the banking rules.

2.6. In the “Date filled out” field, the client indicates the day, month and year of issuing the card.

2.7. In the field “Signature of the client (account holder)” the following shall be entered:

handwritten signature of the sole executive body of the client - a legal entity or a person performing its duties, which, in accordance with the law and constituent documents, carries out representation without a power of attorney;

handwritten signature of the manager (the sole executive body of the managing organization) if the powers of the sole executive body of the client are transferred in the manner prescribed by the legislation of the Russian Federation to the manager (managing organization);

handwritten signature of a person who is a representative of the client, acting on the basis of a power of attorney to open an account. At the same time, this field indicates the number (if any) and the date of the corresponding power of attorney;

handwritten signature of a client - an individual, a client - an individual entrepreneur or a client - an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation.

2.8. In the “Sample Seal Imprint” field, clients - legal entities, individual entrepreneurs, individuals engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (if they have a seal), affix a sample of the seal imprint.

The imprint of the seal affixed to the card must be legible.

If the legislation of a foreign state does not establish the obligation to have a seal, a legal entity established on the territory of the said state has the right not to affix a seal imprint, indicating that there is no seal in the “Sample Seal Imprint” field.

Clients - individuals do not fill in the field “Sample seal impression”.

2.9. In the field “Place for the certification inscription on the evidence of the authenticity of signatures”, the certification inscription is made by a notary in accordance with the requirements established by the legislation of the Russian Federation. The authorized person fully indicates his position, surname and initials, surname and initials of the person (persons), whose signatures are made in his presence, indicates the date and affixes his own signature with the seal (stamp) of the bank, determined for these purposes by the administrative act of the bank.

2.10. In the “Cash checks issued” field, the bank indicates the date of issue and numbers of cash checks issued by a credit institution (branch) or a division of the Bank of Russia to customers. The field “Cash checks issued” can be drawn up in the form of a separate sheet (sheets) attached to the card.

Document overview

The procedure for opening and closing bank accounts, accounts on deposits (deposits), and deposit accounts has been revised. It has not undergone significant changes. Let's note some innovations.

Thus, legislative amendments in the field of accounting were taken into account. It's about on the abolition of the institution of the control signature of an accountant. In this regard, the sample signatures of authorized persons are given in a row in the card (without division into those who have the right of the first and second signatures).

The possibility of issuing copies of documents submitted for opening an account in electronic form has been fixed. They are compiled by an official of the bank and certified by an analogue of his handwritten signature.

The grounds for non-submission of a card with sample signatures and a seal imprint by an individual are extended to legal entities.

Moreover, new order brought in accordance with the amendments to the Civil Code of the Russian Federation. In particular, the features of opening and closing a nominal account, an escrow account and a pledge account are established.

When opening a nominal account, an escrow account, the bank must have information about the beneficiary and the basis for his participation in relations under the agreement of such an account. He must also have information about the pledge holder of the pledge account. According to the escrow account, the right to sign can be transferred to the beneficiary on the basis of an agreement under which the bank is the escrow agent. In this case, a card is presented to the bank, for the purpose of issuing which the beneficiary of the escrow account is considered as a client of the bank.

Changes are also reflected in the "anti-money laundering" law. Thus, in order to open an account, the bank must take reasonable and affordable measures in the circumstances to identify the beneficial owners.

The new instruction comes into force on July 1, 2014. Internal documents must be brought into line with it within 3 months after the specified date.

Chapter 2. Types of accounts

Chapter 3. Opening a current account for an individual

Chapter 4. Opening bank accounts for a legal entity, an individual entrepreneur, an individual engaged in private practice in accordance with the legislation of the Russian Federation

Chapter 5. Opening accounts for deposits (deposits)

Chapter 6

Chapter 7. Signature and Seal Sample Card

Chapter 8. Closing a bank account

Chapter 9. Closing of a deposit (deposit), deposit account

Chapter 10

Chapter 11. Banking rules

Chapter 12. Final Provisions

Annex 1. Card with samples of signatures and stamp

Instruction of the Bank of Russia dated May 30, 2014 N 153-I
"On the opening and closing of bank accounts, deposits (deposits), deposit accounts"

With changes and additions from:

On the basis of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52 , item 5032; 2004, N 27, item 2711; N 31, item 3233; 2005, N 25, item 2426; N 30, item 3101; 2006, N 19, item 2061; N 25, item 2648; 2007, N 1, item 9, item 10; N 10, item 1151; N 18, item 2117; 2008, N 42, item 4696, item 4699; N 44, item 4982; No. 52, item 6229, item 6231; 2009, N 1, item 25; N 29, item 3629; N 48, item 5731; 2010, N 45, item 5756; 2011, N 7, item 907; N 27, item 3873; N 43, item 5973; N 48, item 6728; 2012, N 50, item 6954; N 53, item 7591, item 7607; 2013, N 11, item 1076; N 14, item 1649; N 19, item 2329; N 27, item 3438, item 3476, item 3477; N 30, item 4084; N 49, item 6336; N 51, item 6695, article 6699; N 52, article 6975; 2014, N 19, article 2311, article 2317), the Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ ) (Vedomosti Congress on native deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3459, Art. 3469; 2001, N 26, Art. 2586; No. 33, art. 3424; 2002, N 12, art. 1093; 2003, N 27, art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, art. 3233; 2005, N 1, art. 18, art. 45; No. 30, Art. 3117; 2006, N 6, Art. 636; No. 19, art. 2061; N 31, art. 3439; No. 52, Art. 5497; 2007, N 1, art. 9; No. 22, Art. 2563; N 31, art. 4011; No. 41, art. 4845; No. 45, art. 5425; No. 50, Art. 6238; 2008, N 10, art. 895; 2009, N 1, art. 23; No. 9, art. 1043; No. 18, art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, art. 5731; No. 52, Art. 6428; 2010, N 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; N 31, art. 4193; No. 47, art. 6028; 2011, N 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, art. 4291; No. 48, art. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, N 27, art. 3588; N 31, art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, art. 7607; 2013, N 11, art. 1076; No. 19, art. 2317, art. 2329; No. 26, art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, art. 6699; 2014, N 6, art. 563; No. 19, art. 2311, art. 2317) (hereinafter referred to as the Federal Law "On Banks and Banking Activity"), Federal Law No. 115-FZ of August 7, 2001 "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (Collected Legislation of the Russian Federation, 2001, N 33, art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, N 31, art. 3224; 2005, N 47, Art. 4828; 2006, N 31, art. 3446, Art. 3452; 2007, N 16, art. 1831; N 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, N 23, art. 2776; No. 29, art. 3600; 2010, N 28, Art. 3553; No. 30, Art. 4007; N 31, Art. 4166; 2011, N 27, art. 3873; No. 46, Art. 6406; 2012, N 30, Art. 4172; No. 50, Art. 6954; 2013, N 19, art. 2329; No. 26, art. 3207; No. 44, Art. 5641; No. 52, art. 6968; 2014, N 19, art. 2315, Art. 2335) (hereinafter referred to as Federal Law No. 115-FZ), part two of the Civil Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, No. 5, Art. 410) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated May 29, 2014 N 18) The Bank of Russia establishes the procedure for opening and closing in the Russian Federation by credit institutions, the Bank of Russia (hereinafter referred to as banks) bank accounts, accounts for deposits (deposits), deposit accounts (hereinafter referred to as accounts) for legal entities, individuals , individual entrepreneurs, individuals engaged in private practice in accordance with the legislation of the Russian Federation, as well as courts, divisions of the bailiff service, law enforcement agencies (hereinafter referred to as clients) in the currency of the Russian Federation and foreign currencies.

This Instruction does not apply to the procedure for opening and closing accounts opened in accordance with the legislation of the Russian Federation on elections and a referendum, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation, established in accordance with the legislation of the Russian Federation, as well as accounts, opened on other grounds other than a bank account agreement, deposit (deposit), deposit account.

The procedure for opening and closing bank accounts, accounts on deposits (deposits), and deposit accounts has been revised. It has not undergone significant changes. Let's note some innovations.

Thus, legislative amendments in the field of accounting were taken into account. We are talking about the abolition of the institution of the control signature of an accountant. In this regard, the sample signatures of authorized persons are given in a row in the card (without division into those who have the right of the first and second signatures).

The possibility of issuing copies of documents submitted for opening an account in electronic form has been fixed. They are compiled by an official of the bank and certified by an analogue of his handwritten signature.

The grounds for non-submission of a card with sample signatures and a seal imprint by an individual are extended to legal entities.

In addition, the new procedure is brought in accordance with the amendments to the Civil Code of the Russian Federation. In particular, the features of opening and closing a nominal account, an escrow account and a pledge account are established.

When opening a nominal account, an escrow account, the bank must have information about the beneficiary and the basis for his participation in relations under the agreement of such an account. He must also have information about the pledge holder of the pledge account. According to the escrow account, the right to sign can be transferred to the beneficiary on the basis of an agreement under which the bank is the escrow agent. In this case, a card is presented to the bank, for the purpose of issuing which the beneficiary of the escrow account is considered as a client of the bank.

Changes are also reflected in the "anti-money laundering" law. Thus, in order to open an account, the bank must take reasonable and affordable measures in the circumstances to identify the beneficial owners.

The new instruction comes into force on July 1, 2014. Internal documents must be brought into line with it within 3 months after the specified date.

Instruction of the Bank of Russia dated May 30, 2014 N 153-I "On opening and closing bank accounts, deposits (deposits), deposit accounts"

This Instruction comes into force on July 1, 2014.