Features of treasury and banking support of government contracts. Banking support of contracts Banking support of contracts under 44 fz of the resolution

What is contract banking support, when it is mandatory, and when it is not, what types of contract support exist, read about it in our material.

Concept and types

Banking support of contracts under 44-FZ is the conduct by an authorized bank of verification of payments made and bringing to the attention of the state customer the results of such monitoring, which allows the customer to control the fulfillment of the terms of the state contract. Banking support of the contract is not provided what does this mean? This means that an authorized bank is not involved in monitoring settlements.

The implementation of banking support for the contract is regulated by Decree of the Government of the Russian Federation of September 20, 2014 No. 963. The Decree on the implementation of banking support for contracts does not apply to:

• civil law contracts drawn up by the Russian Federation, its subject, municipality, budgetary institution, other legal entity in accordance with Parts 1, 4, 5 of Art. 15 44-FZ;
• contracts drawn up within the framework of the state defense order;
• contracts drawn up outside the framework of the state defense order, information about which is a state secret.

Banking support of the state defense order is carried out in accordance with the rules of Chapter 3.1 of the Law "On State Defense Order" dated December 29, 2012 No. 275-FZ.

Within the framework of Decree No. 963, 2 types of banking support are distinguished:

• simple (basic);
• extended.

Read more about these types in our material below.

Simple (basic) banking support for a government contract

It consists in monitoring the calculations made as part of the execution of the contract. It is free of charge and mandatory in the following cases:

• Issuance of a life cycle government contract, when the supplier carries out a full range of work, from project development to its full implementation. At the same time, the price of the state contract exceeds 10 billion rubles;
• Registration of a state contract with a single supplier on the basis of acts issued under paragraph 2 of part 1 of Art. 93 44-FZ, when the price is more than 10 billion ₽, banking support is established by such an act, the obligation of the state customer to establish enforcement of such a contract is not established;
• Registration of a government contract, when such a contract, its subject or supplier are determined by the Government of the Russian Federation, when the supplier is subject to restrictive measures introduced by other countries or their associations.

The minimum size of the initial price of a state contract, taking into account which the authorities of the constituent entities of the Russian Federation and municipalities determine the cases of banking support, is equal to:

• 1 billion ₽ for regions;
• 200 million ₽ for municipalities.

Extended banking support

Provides for the provision of banking services that allow you to ensure that the supplied works, goods, services comply with the terms of the state contract. It will apply when:

• execution of a state construction contract with a single supplier, determined by an act of the Government or the President, when the cost of work exceeds 10 billion rubles and the act does not establish the obligation of the state customer to establish contract enforcement;
• execution of a state contract, the price of which is more than 15 billion ₽ and the state program of the Russian Federation stipulates the obligation to attract an authorized bank;
• the executed state contract, determined by the Government of the Russian Federation, provides for treasury support;
• the contract being drawn up, its subject or the supplier are determined by the Government of the Russian Federation, when the supplier is subject to restrictive measures established by other countries.

Extended support is paid, the maximum size cannot exceed:

• 1.15% at the price of the state contract 500 million - 1 billion ₽;
• 1.12% at a price of 1 - 5 billion rubles;
• 1.09% at a price of 5 - 10 billion rubles;
• 1.05% at a price of 10-15 billion rubles;
• 1% at a price of more than 15 billion rubles.

Is it possible to indicate in a contract with extended banking support what the contractor is not entitled to spend the advance payment on?

Yes, the customer has the right to prescribe such a requirement in the contract. With extended support, the bank controls how the contractor spends the advance. The customer determines the cases in which the bank agrees with the customer on the refusal to pay the counterparty. This is stated in subparagraph "d" of paragraph 8 of the Rules from the Government Decree of 09/20/2014 No. 963.

Find out more in the article "

Do you need to control cash investment flows? Find out how contract banking works.

Today, effective control over the spending of budgetary funds is becoming especially relevant. The slogan of the moment: "All state investments - under control!". Therefore, banking support for state contracts at the federal, regional and municipal levels is becoming a new trend.

In 2014, Decree of the Government of the Russian Federation No. 963 1 was signed, which established cases of including a condition on banking support in government contracts to meet federal needs 2 , as well as recommendations for constituent entities of the Russian Federation and municipalities on including such a condition in their contracts, however, this service is not yet known and understood by everyone.

The essence of the service is as follows: a bank that has concluded an agreement on banking support of the contract with the executor of the state contract ensures the opening of separate accounts for all participants in the execution of the contract, monitoring of settlements, control of targeted spending of funds, and provision of reports to the state customer. As a result, the state customer promptly receives information on the progress of calculations for the project being implemented and has the opportunity to make management decisions in time.
Banking support allows you to:

Direct investments exactly to the object for which the funds are provided, and exclude payments for other purposes
Increase the efficiency and efficiency of management
Reveal the use of intermediary schemes in cooperation
Exclude the participation of one-day firms in the project

Banking support can be carried out in the form of monitoring of settlements or in the form of extended banking support, in which the bank additionally checks payment documents for compliance with the documents confirming the basis for payment and the content of the contract, and sends analytical consolidated reports on the results of banking expertise to the customer.

From nuclear power plants to kindergartens

Banking support for government contracts, as a pilot project, appeared in Sberbank back in 2009 in pursuance of the government's order to ensure the completion of the construction of individual federal facilities 3 . Then the principles and approaches to the provision of services were developed, new IT solutions were implemented that were tested in "combat conditions".

Today, Sberbank provides banking support for contracts not only as part of the implementation of large infrastructure projects. This may be a project for the improvement of the area, the construction of a road junction, the construction of a kindergarten, and even street cleaning. The scale of the project is not important: the service can be suitable for government customers of all levels and has an attractive cost.

For many government customers, Sberbank has already become a reliable partner in this area and provides support for several investment projects.

Whom to entrust support

The criteria for choosing a bank are listed in Decree of the Government of the Russian Federation No. 963, but, as practice shows, experience is often an additional important criterion. The lack of expertise can lead to delays in payments, which, in turn, can lead to missed deadlines, and even the suspension of the entire project.

Today, the volume of Sberbank's contracts for banking support 4 already exceeds 700 billion rubles. Based on the accumulated experience, one of the largest banks in the country can offer various options for banking contract support:

It is possible to integrate into the project at any stage and in any state - even if you have a conflict object (for example, a long-term construction) with numerous shortcomings;
Regardless of the scope of the contract and the location of the participants in its execution, Sberbank is able to provide banking support on the terms agreed with the customer;
The customer's decision on preliminary control and acceptance of each payment is unconditional for Sberbank;
It is possible to remotely reserve an account number by the client (you can immediately enter the details in the contract being concluded);
The control of payments on accounts does not depend on the place of their opening;
The cost of banking support is set taking into account the parameters of the supported contract;
Banking support can be combined with the provision of credit products;
Technological and price audit of the project is carried out with the involvement of 5 leading engineering companies (at the request of the customer);
The mechanism of banking support of contracts is universal and can be used outside the state order - in business practice;
Comfortable procedure for the customer and the supplier to exercise control (term, conditions for the provision of supporting documents, etc.).

the contract (contracts), or the subject of the contract, or the supplier (contractor, executor) under the contract, which are determined by the Government of the Russian Federation, if the suppliers (contractors, executors) are subject to restrictive measures imposed by a foreign state, state association and (or ) union and (or) state (interstate) institution of a foreign state or state association and (or) union.

4. Establish that the minimum size of the initial (maximum) contract price, the price of a contract concluded with a single supplier (contractor, performer), taking into account the value of which the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations determine cases of banking support for contracts, subject which are the supply of goods, the performance of work, the provision of services to meet the needs of a constituent entity of the Russian Federation or municipal needs, is:

a) in relation to banking support of the contract, which consists in the monitoring of settlements by the bank involved by the supplier (contractor, performer) or customer as part of the execution of the contract, at least 1 billion rubles (for a constituent entity of the Russian Federation), at least 200 million rubles ( for the municipality);

b) in relation to banking support of a contract that provides for the involvement of a bank by a supplier (contractor, performer) or customer in order to provide services to ensure compliance of the received goods, works (their results), services with the terms of the contract, at least 5 billion rubles (for a constituent entity of the Russian Federation and for the municipality).

By decision of the highest executive body of state power of a constituent entity of the Russian Federation, the local administration, adopted on the basis of Part 2 of Article 35 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", the minimum size of the initial ( maximum) contract price (the price of a contract concluded with a single supplier (contractor, performer) may be reduced, but not less than:

subparagraph "a" of this paragraph - 100 million rubles (for a constituent entity of the Russian Federation), 50 million rubles (for a municipality);

in relation to banking support of the contract provided for by subparagraph "b" of this paragraph - 1 billion rubles (for a constituent entity of the Russian Federation), 500 million rubles (for a municipality).

rules
implementation of banking support of contracts
(approved by Decree of the Government of the Russian Federation of September 20, 2014 N 963)

With changes and additions from:

June 22, 2015, November 12, December 26, 2016, August 2, 2017, January 24, September 20, 2018

I. General provisions

1. These Rules establish the procedure for the implementation of banking support of a civil law contract, the subject of which is the supply of goods, the performance of work, the provision of services, concluded on behalf of the Russian Federation, a constituent entity of the Russian Federation or a municipality, as well as a budgetary institution, a state, municipal unitary enterprise or by another legal entity in accordance with parts 1, 2.1, and 5 of article 15 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as the contract), which includes, among other things, requirements for banks and the procedure for their selection, the terms of agreements concluded with the bank, as well as the requirements for the content of reports generated by banks.

2. The concepts used in these Rules mean the following:

a) "banking contract support"- provision by the bank, on the basis of an agreement concluded with a supplier, contractor, performer (hereinafter referred to as the supplier) and all subcontractors involved in the course of the execution of the contract, co-executors (hereinafter referred to as co-executors), monitoring of settlements carried out as part of the execution of the contract, on an account opened in the specified bank, and bringing the monitoring results to the attention of the customer, as well as the provision by the bank of other services defined by these Rules (hereinafter referred to as the banking support agreement);

b) "accompanied contract"- a contract for the supply of goods, performance of work, provision of services to meet state or municipal needs, concluded between the customer and the supplier in the manner established by the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", and containing conditions on banking support of the contract;

c) "separate account" - an account opened with a bank that provides banking support for the contract, to the supplier, co-executor, for conducting operations, including operations within the framework of the execution of the accompanied contract.

3. Banking support of the contract, in addition to the monitoring by the bank of settlements carried out as part of the execution of the accompanied contract, in the cases and in the manner specified by these Rules, may provide for the provision by the bank of other services to ensure the compliance of the received goods, works (their results), services the terms of the accompanied contract (hereinafter referred to as extended banking support).

4. Banking support of the contract, which consists in monitoring settlements within the framework of the execution of the contract, is carried out by the bank without charging a fee, unless requirements for the use of extended banking support are established. Extended banking support is carried out for a fee, the amount of which cannot exceed at the contract price:

a) from 500 million to 1 billion rubles - 1.15 percent of the contract price;

b) from 1 to 5 billion rubles - 1.12 percent of the contract price;

c) from 5 to 10 billion rubles - 1.09 percent of the contract price;

d) from 10 to 15 billion rubles - 1.05 percent of the contract price;

e) from 15 billion rubles - 1 percent of the contract price.

5. The involvement of a bank for the purpose of banking support of the contract is carried out in accordance with these Rules in relation to the supported contract concluded to ensure:

federal needs by the supplier, - in the cases provided for in paragraph two of subparagraph "a" and paragraph three of subparagraph "b" of paragraph 3 of Decree of the Government of the Russian Federation of September 20, 2014 N 963 "On the implementation of banking support for contracts";

federal needs by the customer, - in the cases provided for in the third paragraph of subparagraph "a" and the second paragraph of subparagraph "b" of paragraph 3 of the said resolution;

federal needs by the customer or supplier - by decision of the Government of the Russian Federation, provided for in paragraph four of subparagraph "a" or paragraphs four or five of subparagraph "b" of paragraph 3 of the said resolution.

6. The conditions of the accompanied contract, which provide for the involvement of a bank by the supplier for the purpose of banking support of such a contract, which consists in monitoring settlements as part of the execution of the contract, include:

a) the following responsibilities of the supplier:

carry out settlements related to the fulfillment of obligations under the accompanied contract on a separate account opened with the bank providing banking support for the contract, as well as conclude an agreement on banking support with the bank within the time period established by the accompanied contract;

determine in agreements concluded with co-executors the conditions for making settlements as part of the fulfillment of obligations under such agreements on a separate account for transactions, including transactions within the framework of the execution of a contract, opened with a bank that supports the contract;

provide the customer and the bank with information about the co-executors involved by him as part of the fulfillment of obligations under the accompanied contract (full name of the co-executor, location of the co-executor (postal address), phone numbers of the head and chief accountant, taxpayer identification number and registration reason code);

b) the responsibility of the supplier for non-compliance with the conditions established by the accompanied contract;

c) the obligation of the customer to pay for the delivered goods (work performed, services rendered) under the accompanying contract to a separate account;

d) the right of the customer, in accordance with the legislation of the Russian Federation, to unilateral refusal to perform the accompanied contract.

III. Requirements for the content of reports generated by banks

15. In accordance with the terms of the accompanying contract, the bank on a monthly basis, no later than the 15th day of the month following the reporting period, provides the customer with a report on a separate account of the supplier, co-executor on operations in the form of a cash flow statement on a separate account for the reporting calendar month, turnover - balance sheet on a separate account for the reporting month, as well as information on current balances on a separate account as of the last day of the reporting month.

16. The report on the extended accompanied contract is submitted by the bank to the customer no later than the 25th day of the month following the reporting period, and includes, in addition to the information specified in paragraph 15 of these Rules:

a) information on the results of monitoring compliance by suppliers with the terms of delivery of goods, performance of work, provision of services and the terms of the contract on the quantity of goods, scope of work, services (in the case of the conclusion of an accompanied contract for the purposes of construction (reconstruction, including with elements of restoration, technical re-equipment) the total cost of the works inspected by the bank must be at least 75 percent of the total construction cost);

b) information on the compliance of the content of the documents confirming the execution of the contract submitted by the supplier and co-contractors with the duly approved design documentation and the approved work schedule, if the subject of the extended accompanied contract is the performance of works related to construction (reconstruction, including elements of restoration, technical re-equipment) of a capital construction facility, including:

analysis of information on the compliance of the cost of the types of construction work specified by the supplier agreement with the co-executor with the average market values;

information on the compliance of the volumes of work performed indicated in the documents for payment with the volumes of work actually performed at the facility (the total cost of the work verified by the bank must be at least 75 percent of the total construction cost);

information on the compliance of the work performed, defined by the contract as an object of monitoring, project documentation, the terms of the accompanying contract, including cost estimates and costing;

c) other information stipulated by the contract.

Banking support of contracts under 44-FZ is a control that is carried out in the process of executing agreements. Suppliers open a separate account with a specialized credit institution, and customers transfer payment for goods delivered, work performed and services rendered to it.

There are two types of accompanying operations - simple and advanced. In sub. "a" clause 3 of PP No. 963 dated 09/20/2014 indicates in which cases banking support for a contract under 44-FZ is carried out in a simple format:

1. The customer and supplier enter into a life cycle contract.
2. Goods, works and services are purchased from a supplier subject to sanctions. Such a performer is chosen by the government of the Russian Federation.
3. The obligation of accompanying operations was established by state or municipal authorities (clause 4 of the RF PP No. 963). According to the rules, the highest executive body of state power of the constituent entities of the Russian Federation is obliged to establish a condition on simple banking support in a state contract if the initial (maximum) price of the contract is from 10 billion rubles. Purchase from a single supplier, carried out on the basis of a decision of the President of the Russian Federation or the Government of the Russian Federation, also falls under this standard. Regional administrations have the right to set other limits. For example, in the Leningrad region, it is necessary to accompany a government contract if the NMTsK is from one billion rubles or more (decree of the government of the Leningrad region No. 629 of 12/29/2014).

Dealing with extended support

Extended banking support for a contract under 44-FZ is assigned in special cases. That's when you need it (subparagraph "b", paragraph 3 of the RF PP No. 963):

1. When purchasing construction works for the construction and (or) reconstruction of capital construction projects from a single contractor. The price of such a state contract is from 10 billion rubles and more. The main condition is the absence of a requirement to secure a contract.
2. When purchasing goods, works and services under the state program of the Russian Federation. NMTsK (the maximum value of the contract price) - from 15 billion rubles. The program has a mandatory condition for accompanying banking operations.
3. When ordering GWS from a contractor who fell under sanctions and was selected by the Russian government.

The requirement for extended accompanying transactions is established by decree of state, municipal or local authorities. Banking and treasury support of the contract under 44-FZ is carried out if the customer purchases goods, works and services by decision of the government of the Russian Federation with the condition of mandatory treasury security of contractual obligations.

Choosing a bank

Not all credit institutions provide banking support for government contracts under 44-FZ. The supplier chooses a bank that meets the established requirements. Banking organizations have the right to support contracts if (clause 3, article 74.1 of the Tax Code, clause 10 of the Rules for Banking Support of Agreements):

• the operating activities of the credit institution are licensed;
• work experience - at least five years;
• capitalization - at least 1 billion rubles;
• the establishment is not being rehabilitated;
• within six months, the reporting standards established by the Central Bank are observed (all reporting dates for the previous six months are checked).

The accompanying credit institution is chosen by both suppliers and customers. If banking support is required for the 44-FZ contract, the contractor is obliged to conclude an agreement with the bank. The contractor or customer makes the choice independently, referring to the list on the website of the Ministry of Finance of the Russian Federation. The Ministry of Finance maintains a register of credit institutions that are licensed to perform accompanying work with government contracts. It is impossible to conclude an agreement with a bank if it is not included in this list (clauses 5, 10, 11, 12 of the Rules).

If the credit institution was excluded from the register of the Ministry of Finance during the execution of the contract, the supplier does not need to look for a new accompanying institution. You will have to change the bank only if the government or the local administration decides to terminate the agreement on supporting the state contract ahead of schedule (clause 10 of the Rules).

If additional treasury control is required, check whether the selected bank is connected to the financial messaging system of the Central Bank of the Russian Federation.

Establishing a requirement for banking support

Such a requirement must be established before the start of the procurement. Indicate the condition on banking accompanying transactions in the information card of the procurement documentation (clause 8 of article 42, part 1 of article 54.3, part 1 of article 64 44-FZ), in the draft contract (in the section "Obligations of the supplier and customer", part 26, article 34 44-FZ) and in the notice (for this purpose, the block "Enforcement of the contract" is intended). Take the wording from the Banking Support Rules (clauses 6, 7 of the Rules).

Formulate the extended format in the state contract in accordance with paragraphs 8 and 9 of the Rules. For the absence of requirements for bank control (if they are mandatory), the customer faces a fine of 3,000 rubles (part 4.2, article 7.30 of the Code of Administrative Offenses of the Russian Federation).

Here is an example of the wording from the concluded state contract:

We draw up a contract for banking support of contracts under 44-FZ

Concluding an agreement with a bank is the responsibility of the purchase winner (supplier) and (or) co-executor. If you are concluding a simple accompanying agreement, add to it (clause 13 of the Rules):

• the procedure for opening a separate account, crediting and debiting money;
• the timing of opening a separate account, and conducting all monetary transactions;
• the possibility of advance and write-off of amounts at the request of the customer (available if there is no condition on collateral);
• bank obligations (sending an account statement and a breakdown of transactions, identification of the contractor and co-executor and its results, sending the required information to the Federal Treasury);
• rules for changing and terminating the contract.

For extended support, other conditions will have to be included in the agreement. Check that the performer has indicated (clause 14 of the Rules):

1. The cost of services of a credit institution.
2. Information that the customer subsequently writes down in the payment order (before concluding the contract, agree on this item with the customer).
3. List of documents confirming the execution of the state contract. Terms of verification of supporting documentation by employees of the credit institution.
4. Cases of transaction failure. Liability of the creditor for wrongful refusal.
5. The obligation of the bank to provide a report in the form of monitoring at the request of the Federal Treasury. The document flow is carried out through the financial message transmission system of the Central Bank of the Russian Federation.

Clause 4 of the Rules states that the cost of services of a credit institution depends on the price of the contract and varies from 1% (CC - 15 billion rubles and more) to 1.15% with a government contract price of 500 million and up to one billion rubles.

Banking support of contracts is an additional control over the execution of the contract by the bank. To do this, the supplier opens a separate bank account, and the customer pays only to this account. The bank can simply monitor the flow of money - this is a simple banking support, or it can control the result of the delivery or performance of work - this is an extended banking support. The cases of simple and extended banking support are established by the Government of the Russian Federation, state bodies of the constituent entities of the Russian Federation and local administrations. The customer must indicate information about banking support in the notice, procurement documentation and contract. And the winner of the purchase is obliged to conclude a bank support agreement in a timely manner. Otherwise, the customer faces a fine of 3 thousand rubles, and the supplier may be paid into.

What are the requirements for banks when supporting state and municipal contracts

In order for a bank to be able to accompany contracts under Law N 44-FZ, the following conditions must be met:

• he must have a banking license, at least five years of work experience and a capital of at least 1 billion rubles;
• in relation to the bank, there should not be a requirement from the Bank of Russia to introduce measures for financial recovery;
• obligatory ratios of the Bank of Russia must be observed for all reporting dates during the last six months.

This is indicated in paragraph 3 of Art. 74.1 of the Tax Code of the Russian Federation, clause 10 of the Rules for Banking Support of Contracts.

The list of such banks is posted on the website of the Ministry of Finance of Russia at: https://www.minfin.ru/ru/perfomance/tax_relations/policy/bankwarranty/.

The winner of the purchase or the customer himself, if, for example, this obligation was established by the Government of the Russian Federation or a constituent entity of the Russian Federation, choose a bank only from this list (clauses 5, 10, 11, 12 of the Rules for Banking Support of Contracts).

There is an additional requirement for the bank: if treasury support is carried out simultaneously with banking support, the bank must be a user of the financial message transmission system of the Bank of Russia.

In addition, additional requirements for banks may be determined by the Government of the Russian Federation (clause 10 of the Rules for Banking Support of Contracts).

Please note: if during the execution of the contract the bank is excluded from the list of the Ministry of Finance of Russia, it is not necessary to change it. It is necessary to replace the bank only if the Government of the Russian Federation, the state body of the constituent entity of the Russian Federation or the local administration decided to terminate the support of contracts by this bank ahead of schedule. This is indicated in clause 10 of the Rules for Banking Support of Contracts.

In what cases to establish a simple banking support of contracts

The federal customer must install a simple banking support (clause "a", clause 3 of Resolution N 963):

• at the conclusion;
• when concluding a contract with a price of more than 10 billion rubles, including with a single supplier by decision of the President of the Russian Federation or the Government of the Russian Federation (if there is no contract security);
• when purchasing goods (works, services) from suppliers who fell under sanctions and were selected by the Government of the Russian Federation.

The customer of a subject of the Russian Federation or a municipal customer must establish banking support in cases that have been determined by state bodies of subjects of the Russian Federation or local administrations (clause 4 of Resolution N 963). For example, for customers in the Leningrad region, simple banking support is required for ) from 1 billion rubles. (clause 1 of the Decree of the Government of the Leningrad Region of December 29, 2014 N 629).

When to install extended banking support

The federal customer must install extended banking support if it purchases (paragraph “b”, paragraph 3 of Resolution N 963):

• construction work for the construction and reconstruction of capital construction facilities with a single supplier in the amount of more than 10 billion rubles, but on the condition that there is no requirement to secure the contract;
• goods (works, services) under the state program of the Russian Federation in the amount of more than 15 billion rubles. At the same time, the program must have a condition on the maintenance of the contract;
• goods (works, services) by decision of the Government of the Russian Federation, which provides for treasury security of obligations;
• goods (works, services) from suppliers that are subject to sanctions and selected by the Government of the Russian Federation.

The customer of the constituent entity of the Russian Federation or the municipal one must establish extended banking support in cases that have been determined by state bodies of the constituent entities of the Russian Federation and local administrations (clause 4 of Resolution N 963).

How to set a banking support requirement

For information about simple banking support, please specify:

• in the procurement schedule.

In column 30, you must indicate "yes". When filled in electronically, this will be the tab “Information on banking or treasury support of the contract” (clause 8, part 3, article 21 of Law N 44-FZ);

• in the notice.

In the "" block, indicate that the bank support of the contract is established;

• in the purchase documentation.

Write down that bank support of the contract is established. As a rule, this is indicated in the "Information card" section (clause 8 of article 42, part 1 of article 50, part 1 of article 54.3, part 1 of article 64 of Law N 44-FZ);

• in the draft contract.

Write down the rights and obligations of the supplier and the customer. They must be taken from clauses 6, 7 of the Rules for Banking Support of Contracts ().

For extended support, also indicate in the contract the obligations from clauses 8, 8(1), 9 of the Rules for Banking Support of Contracts.

If you do not include a condition on banking support in the documentation or draft contract, a fine of 3 thousand rubles is possible. (part 4.2 of article 7.30 of the Code of Administrative Offenses of the Russian Federation).

What to include in the contract for banking support of contracts under Law N 44-FZ

The contract of banking support is concluded by the winner of the purchase and co-executors under the contract with the bank.

Agreement on simple banking support must contain (clause 13 of the Rules for Banking Support of Contracts):

• the procedure and terms for opening a separate account for the supplier and co-executors;
• the procedure and terms for crediting and debiting funds from a separate account;
• the possibility of writing off money at the request of the customer in the amount of an advance on the terms of the accompanied contract, if there is no security for it;
• the obligation of the bank to provide the customer on a monthly basis: an account statement with all transactions on the account, a report, the results of identification of the supplier and co-executor;
• cases and procedure for changing and terminating the contract;
• the obligation of the bank to send information to the Federal Treasury in cases established by the Government of the Russian Federation.

In an extended support agreement of the contract, include the terms of the simple banking support agreement, as well as (clause 14 of the Rules for Banking Support of Contracts):

• the cost of bank services. The size must be calculated based on the price of the accompanying contract. If its price (clause 4 of the Rules for Banking Support of Contracts):

From 500 million to 1 billion rubles, then the cost of bank services can be no more than 1.15% of the contract price;

From 1 to 5 billion rubles. - 1.12% of the contract price;

From 5 to 10 billion rubles. - 1.09% of the contract price;

From 10 to 15 billion rubles. - 1.05% of the contract price;

From 15 billion rubles - 1% of the contract price;

• information that the customer must indicate in the payment orders, as well as the procedure and terms for checking such payment orders by the bank. These conditions must be agreed with the customer;
• the list and procedure for submitting documents confirming the basis for payment;
• the terms and procedure for checking by the bank of the submitted documents of actually delivered goods (works, services);
• the procedure and conditions for the bank's refusal to make a payment;
• the responsibility of the bank for an unlawful refusal to make a payment according to payment documents;
• the obligation of the bank, in cases established by the Government of the Russian Federation, to provide the customer and the Federal Treasury within five working days from the date of receipt of the request with a report on the results of monitoring the execution of the accompanied contract. The report is sent through the financial messaging system of the Bank of Russia.