How to cash out a nominal account in a savings bank. Nominal account for crediting social benefits
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The nominal guardianship account is considered one of the hottest topics for discussion among beneficiaries of guardianship payments. The need to open it arose in connection with the changes made to the civil legislation regarding the disposal of the ward's property. However, not all persons performing guardianship functions were ready for such innovations. Many do not understand why such an account needs to be opened, when it is necessary, and also how the funds received on it should be used.
Nominal account - what is it
To begin with, let's consider what a nominal bank account is for guardians. According to Art. 860.1 Civil Code RF, the nominal account is a bank account opened by its owner, in particular, a guardian, for the disposal of funds, the beneficiary of which is another person, in particular, the ward. According to the specified standard, all funds deposited into the account, including by the guardian himself, will be the property of the ward.
The law requires the use of the details of the nominal guardian account to place on it the amounts of alimony received, pensions, benefits, compensations, and other funds received for the maintenance of the ward. The only exceptions are funds that can be received by the ward and which he has the right to dispose of independently, without the participation of a guardian.
The essence of the changes that introduce nominal accounts for guardians is that previously current legislation all funds of the person under guardianship were kept in the bank in his personal account. The procedure for using these finances limited the guardian in spending them, allowing the possibility to cash out monthly only an amount not exceeding living wage... If there were not enough funds to support the ward, cash out more money it was possible only with the permission of the board of trustees.
Now, when all funds are transferred to a nominal account for guardians at Rosselkhozbank or another credit institution, they come to the full disposal of the person exercising guardianship functions. There are no restrictions. Moreover, the legislator allows the opening of such a deposit for crediting the funds of several beneficiaries (guardians) to it and their subsequent disposal.
Legislation
The changes themselves, which introduced the concept of a nominal account into civil law, were first published in Federal law No. 302 of 12/30/2012 and entered into force only by mid-2014. Requirements for persons exercising guardianship functions and opening such deposits for placing funds belonging to the ward are established by Part 1 of Art. 37 of the Civil Code of the Russian Federation.
The procedure for opening nominal accounts by guardians is governed by the provisions of Chapter 45 of the Civil Code of the Russian Federation, in particular, Articles 860.1-860.6.
These articles determine the rules for concluding an agreement, the procedure for conducting transactions on accounts, the rules for providing information and other standards required when using nominal accounts.
It should be noted that Art. 37 of the Civil Code of the Russian Federation also requires guardians to report annually on how the funds received on the account are spent. The procedure for providing such reporting is determined by Art. 25 FZ "On guardianship and guardianship", as well as the Rules approved by the Government of the Russian Federation No. 927 dated November 17, 2010, and the Rules approved by the RF Government Resolution No. 423 dated May 18, 2009.
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Who opens a nominal account
By virtue of the action of Art. 37 of the Civil Code of the Russian Federation, a nominal account must be opened by the guardian of the person whose funds are transferred to it. According to Art. 860.1 of the Civil Code of the Russian Federation, it can also be opened by the owner for placing funds of several beneficiaries, however, part 3.2 of Art. 19 of the Federal Law "On Guardianship and Guardianship" requires the guardian to open one deposit for each of the wards.
According to Part 2 of Art. 860.2 of the Civil Code of the Russian Federation, such an account can be opened both in the presence of the beneficiary, that is, the ward, or without him. The fact of the presence of the ward is recorded in the documents, and his signature is put in the contract.
Registration procedure
Having considered the concept of a nominal account and understanding what it is, we suggest that you familiarize yourself with the procedure for issuing a nominal account for persons performing guardianship functions. So, any such deposit is opened on the basis of an agreement with a credit institution. According to Art. 860.1 of the Civil Code of the Russian Federation, the agreement is concluded in writing with the obligatory indication of the date of its registration.
In addition, an essential condition of such an agreement is an indication of the ward or the procedure for obtaining information about him from the guardian; an indication of the relationship between the parties, by virtue of which the opening of a nominal deposit is required, is mandatory. Failure to comply with these requirements entails the invalidity of the contract.
Which bank to open an account with
Until recently, the rule was relevant, according to which the conclusion of an agreement for obtaining guardianship funds was possible only in banking structures where state participation was at least 50% of voting shares. The need for this was due to increased reliability state banks. As a result, the most popular was the nominal account of the guardian with Sberbank, Rosselkhozbank and other state financial institutions.
The need to open an account only in state bank turned out to be a number of problems for guardians: the problems were both in the unwillingness of certain state-owned banks to provide the specified service, and in the restrictions for the guardian in the possibility of opening such an account, for example, in the absence of a branch of a suitable bank in the village.
Since 2015, the restriction for private banks has been lifted, and now it is possible to conclude an agreement for receiving guardianship money at any bank that provides such a service and is functionally ready to service deposits, observing all the requirements of the law.
In particular, such a bank, according to Part 3 of Art. 860.1 of the Civil Code of the Russian Federation, is obliged to control the use of funds on guardian accounts in accordance with Part 3.1 of Art. 19 of the Federal Law "On guardianship and trusteeship", notifying the guardian and the board of trustees that the volume money supply on such an account exceeded the amount of compensation for deposits stipulated by the Federal Law No. 177 of 23.12.2003 "On insurance of deposits of individuals in the Russian Federation". It should be noted that not all credit institutions have established a mechanism for such notification and control over guardianship operations.
What documents are required to open an account
Following the logic of the legislator, the procedure for opening a guardian nominal account is not much different from opening any other bank deposit... In this case, any specific list required documents, provided at its opening, is not provided by law - they are determined directly by the management of the credit institution.
Thus, persons who draw up nominal guardians' accounts are usually required to:
- identity documents;
- taxpayer identification code;
- act of guardianship authorities on the establishment of guardianship;
- a document confirming the appointment / payment of certain benefits, alimony, scholarships, compensation in favor of the ward;
- the identity document of the ward, including the birth certificate;
- a document confirming the place of residence;
- information on the name and address of the location of the guardianship authority;
- any other documents requested by the bank.
An agreement on opening a nominal account is usually concluded on the day the guardian applies to the credit institution.
This process, as a rule, does not require the presence of the ward (although it does not prohibit it) and takes no more than half an hour, since all processes in 2020 are streamlined and automated. As already mentioned above, if the ward is present in the contract, his signature is required.
Account usage rules
As already mentioned, in accordance with Art. 37 of the Civil Code of the Russian Federation, a nominal guardian account in a bank can be used to credit it with any funds that are assigned and paid to maintain a minor or an incapacitated citizen. These include pension payments for disability, the amount of alimony paid by biological parents, amounts from regional budgets allocated for the material support of orphans, the amount of compensation for the loss of a breadwinner and other payments that may come at the disposal of the guardian.
Exceptions are funds that:
- received by the ward as wages or a scholarship if he has reached the age of fourteen;
- can be used by the ward on their own, for example, for small household transactions;
- provided by third parties for independent disposal, if the guardian has not reached the age of 14.
It should be borne in mind that, in accordance with Part 3 of Art. 19 of the Federal Law "On Guardianship and Trusteeship", the guardian has the right to place the funds of the ward on nominal bank accounts on one condition, namely: the total amount of the guardian money on the accounts of one credit institution must not exceed the amount of compensation for deposits established by the Federal Law "On Insurance of Individual Deposits in the banks of the Russian Federation ".
Previously, this amount of compensation was 700 thousand rubles, but now, in accordance with Part 2 of Art. 11 of the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation", the amount of such compensation cannot exceed 1.4 million rubles. Thus, according to Part 3.1 of Art. 19 of the Federal Law "On Guardianship and Guardianship", if the amount on the account reaches the specified limit, the bank is obliged to notify both the person exercising guardianship functions and the guardianship authority.
Withdrawing funds from a nominal account
There was a requirement that before the guardian could withdraw money from the ward's account, he had to obtain written permission from the guardianship authorities for this, if the amount of funds exceeded the monthly minimum subsistence level. Today the rules for withdrawing money have changed.
Now, in accordance with Art. 37 of the Civil Code of the Russian Federation, money on a nominal account is spent by the guardian at his discretion, without any prior permission. However, as before, such funds can be used exclusively in the interests of the ward - their use for other purposes is unacceptable and illegal.
Master of Laws. Also in 2012 he received a degree in Financial Analytics. After receiving the second higher education founded an independent appraisal company. I am engaged in the appraisal of real estate, land and other property.
According to Russian legislation guardians, trustees, adoptive parents, parents, as well as representatives of incapacitated citizens have the right to material support for their wards and other charges. Until 2014, there was a different mechanism for issuing funds to the guardian (trustee). Money was allowed to be spent only in the amount of the subsistence minimum. If you needed large sums, a separate permission from the guardianship and guardianship authorities was required. Later, the procedure was simplified: a system of nominal accounts was introduced. Among the deposits for individuals, there is a nominal account for crediting social payments in Sberbank. The introduction of such deposits has greatly simplified the procedure for issuing accruals for the maintenance of persons under guardianship or guardianship.
This special product presupposes the presence in the agreement for its opening as well of such two persons as the owner and the beneficiary.
The banking product is designed to conduct transactions with funds belonging to the beneficiary.
The contract for registration involves 2 parties:
- Beneficiary - a person whose money is deposited in the bank (minor children, disabled and disabled persons);
- Owner - a person who opens a deposit and manages money in the interests of the beneficiary. In this capacity, parents of minor children, disabled children, guardians, trustees of incapacitated old people can act.
The future owner (representative) enters into contractual obligations with the beneficiary. He is obliged:
- control the funds received in full;
- monitor expense transactions;
- fulfill tax obligations.
The deposit is intended for crediting such social benefits:
- benefits for the death of the breadwinner,
- compensation due to harm caused to health;
- alimony,
- pensions;
- other deductions for the maintenance of a disabled citizen.
Why is a banking product called a deposit? The bank has provided for interest and its capitalization for the transferred Money... The percentage is small, but this way you can slightly increase your income.
Conditions of action
The main difference between the "Nominal account for crediting social payments" in Sberbank from various contributions lies in the fact that it has special conditions for opening. It is opened by representatives of an incapacitated citizen to conduct banking operations with money to which only the beneficiary is entitled. When concluding an agreement, all information about the beneficiary must be indicated in the document.
This product is intended for the enrollment of various state social payments to various categories of the population of the country.
The conditions for the validity of a nominal account are as follows:
- opening occurs with zero balance;
- it is intended only for ruble transfers;
- the duration of the deposit - unlimited (until the account is closed);
- deposit rate 3.5% (taking into account capitalization - 3.55%);
- interest at the rate is calculated at intervals of 1 time in 3 months or at the time of closing;
- overdraft is not provided;
- it is prohibited to transfer the rights of claim under the contract to third parties;
- the contract can be terminated upon application without the obligatory consent of the beneficiary;
- provision of the Green Street service - the ability to perform transactions in any banking division.
This product the bank has a big advantage - the annual interest rate on the balance of funds
There are other requirements for using a banking product:
- only social payments are credited, others receipt transactions not provided;
- upon receipt of funds that are not social charges, the bank returns them to the sender;
- if the money comes from the deposit of another beneficiary, the banking institution makes a refund;
- for expense transactions on nominal account for social payments, Sberbank does not require the owner of the permission of the guardianship authorities;
- for annual reporting to the guardianship authorities on the purposeful use of money, guardians (parents) are provided with a free extract.
After the ward reaches the age of majority, he has the right to request information from the bank under the agreement, which is a bank secret for unauthorized persons. The same right has the beneficiaries whom the court recognized as legally capable.
Opening conditions
Online opening is not provided: for registration, you must contact the bank branch. After the submission of documents proving the identity of the guardian, his ward, as well as their relationship in legal terms, an agreement is signed with the bank.
Conditions for opening and maintaining a special deposit for special payments
In order for the receipt of social benefits to begin, the owner must contact the institution making these payments (FIU, Social Policy Department, etc.). There he submits an application for payments and indicates the data of the contract in it.
Client documents
Depending on who is the beneficiary or the owner (his representative), a different package of documents is provided to the bank.
The following documents are required:
- confirming the identity of the owner or his representative (for the latter, a document on his authority will be required);
- if the ward is less than 14 years old, a birth certificate;
- if the ward is over 14 years old, his passport will be required;
- documents confirming the grounds for the owner's participation under a nominal contract and for the right to dispose of the beneficiary's funds (decision of the guardianship authorities);
- statement of registration in tax office owner or beneficiary;
- if the account is opened by a foreign citizen, a migration card.
Services for managing nominal accounts
Initially, government payments for minors could be withdrawn from the account only at a bank branch. At the end of 2018, Sberbank simplified the procedure for conducting transactions on nominal accounts by transferring them to the web version of Sberbank Online.
Since mid-July 2019, the bank has expanded the list of online services for trustees, guardians of minors. Account holders have the opportunity to conduct all previous transactions in the Sberbank Online mobile application installed on mobile devices with Android or iOS.
This allows you to simplify the procedure for crediting government payments and save your personal time without the traditional visit to the bank. What other opportunities arise using the online service:
- transfer money credited to a nominal account to another account;
- transfer payments from a nominal account to a card with their further cashing at ATMs;
- online, funds can be transferred to an existing nominal account from other accounts belonging to the category of social benefits (this category includes the payment of alimony, funds for the maintenance of the beneficial owner of the account, insurance compensation on compensation for harm to health or death of the breadwinner);
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The problem of secure payments is especially relevant for citizens who are going to buy living quarters using borrowed money... A nominal account with Sberbank for a mortgage allows you to abandon the use of cash and conduct a transaction without unnecessary visits to the bank branch. A nominal account is similar in functionality to a letter of credit, which guarantees the safety of settlements.
Stages of the transaction when registering a mortgage at Sberbank
Buying a home using mortgage funds is carried out according to the algorithm below:
- Explore mortgage programs Sberbank;
- Apply for a home loan;
- Wait for the decision of the credit committee. If the application is approved, the applicant will receive a notification containing the key terms of the mortgage agreement ( maximum size loan, term credit agreement, interest rate on a loan). The notice of approval of the application is valid for 6 months;
- Find a collateral that meets the requirements of a credit institution;
- Assess the premises (this operation is performed by an appraisal company accredited by Sberbank);
- Collect a package of documents related to collateral and provide it to the loan manager;
- Insure the deposit and buy a life insurance policy;
- Sign the loan agreement;
- Register the agreement with Rosreestr;
- Withdraw money from a nominal account in Sberbank with a mortgage and settle with the seller;
- Pay off the mortgage and remove the encumbrance from the collateral.
After making the last payment to the bank's cash desk, the borrower must take a certificate of absence of debt. This paper will become insurance against possible technical errors and illegal additional charges on a home loan.
Cashless payments under an agreement for obtaining a mortgage in Sberbank
Before 2017 purchase mortgage apartments carried out with the help of a letter of credit and safe deposit boxes. Significant disadvantages of these methods can be considered the need to transport large amounts of cash and significant commission costs (about 0.1% of the loan amount).
The use of letters of credit presupposes a rather complex document circulation, and bank cells can become the object of secret checks by law enforcement agencies. Since 2017, Sberbank has been running the Safe Settlement Service (SBR), which eliminates the risk of fraud and misappropriation of funds. The nominal account of the SBR can be used for the sale of the following construction projects:
- Apartments;
- Rooms;
- Shares;
- Commercial real estate;
- Parking spaces.
The nominal account of the SBR is used to transfer funds under mortgage agreements. Financial transactions are carried out according to the following algorithm:
- The buyer transfers money to a nominal account opened with Sberbank;
- Funds are blocked until the transaction is registered with Rosreestr;
- After the transfer of ownership to the buyer of the property, the money is transferred to the seller's account. The buyer can receive an extract from the USRN, which will indicate the new owner of the premises.
Cashless payments allow you to transfer money to a nominal account in Sberbank with a mortgage without using a safe deposit box. The average term for registering property rights is 7 days. If the deal fails, the buyer will receive the transferred funds in full.
After the completion of all transactions, the parties to the agreement will receive notifications that will be sent by e-mail. You can apply for the use of an SBR nominal account at a Sberbank branch. The application will take about 15 minutes. The service is provided on a paid basis. To sign the contract, you will need TIN, passports and Bank details to transfer funds.
How to correctly transfer an advance for a mortgage at Sberbank?
The transfer of the deposit is prescribed in the preliminary contract of purchase and sale of the apartment. This document should include the following information:
- Details of the parties;
- Technical information about the construction site;
- Information about the citizens registered in the apartment;
- The amount of the security deposit and the period for which the advance is made. If there is a simultaneous purchase and sale of several objects, then prepayments must be made for the same period;
- A detailed description of the actions of the parties to the contract;
- List of papers that need to be prepared for the transaction (consent of the co-borrower, certificate of absence of debt, etc.);
- Terms and reasons for the return of funds;
- The method of notifying the counterparty about the actions taken (registered letter or e-mail);
- The amount of overhead costs (the contract must indicate the party that compensates for the costs);
- Terms of departure of tenants from the purchased premises (if any);
- Circumstances that may cancel the transaction (refusal of the guardianship and trusteeship authorities, problems with the legitimization of redevelopments, etc.);
- Date and place of the agreement.
Before making an advance payment to a nominal account with Sberbank for a mortgage, you need to make sure that the seller is the owner of the living space. To do this, you need to order an extract from the USRN in the MFC or Rosreestr. Transfer of funds to mandatory confirmed by a receipt. This paper must indicate:
- Borrower and lender passport data;
- The amount of the deposit;
- Number preliminary contract, according to which funds are transferred;
- Date of preparation of the document;
- Signatures of the parties.
If the contract is canceled at the mutual request of the parties, the advance payment is returned to the buyer. In the presence of mutual claims, counterparties have the right to defend their position in the judicial authorities.
How to choose an apartment for a mortgage in Sberbank?
Sberbank specialists have developed a special website (domclick.ru), which facilitates the search for real estate and allows you to negotiate the terms of the contract remotely. Hundreds of offers are placed on the electronic showcase of the DomClick service construction companies accredited by Sberbank. On one of the pages of the portal there is a convenient form that allows you to find the desired living space in a few minutes.
For a quick search for an apartment, you must specify:
- Type of housing (secondary market or apartments in new buildings);
- Apartment price;
- Number of storeys of the building;
- Number of rooms in the room, etc.
Transactions are managed through the electronic personal account of Sberbank Online. The system user can issue digital documentation and track the status of his applications.
The future of mortgages
Sberbank plans to gradually abandon paper media. Mortgage transactions will be carried out exclusively in non-documentary form. All transactions can be made using a special smartphone application and an enhanced digital signature. The settlement system will be built on the basis of blockchain technologies and artificial intelligence, taking into account the individual preferences of the buyer.
The client will no longer have to open a nominal account with Sberbank for a mortgage, since the money will be instantly transferred using cryptocurrency wallets. The role of financial intermediaries will be reduced to providing additional services and various options.
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