New rules for opening and closing bank accounts have come into force. Federal Law on Banks and Banking Activities with the latest amendments 153 and on opening and closing

Based on the Federal Law of July 10, 2002 No. 86-FZ “On the Central Bank Russian Federation (Bank of Russia)” (Collected Legislation of the Russian Federation, 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, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Article 1151; No. 18, Article 2117; 2008, No. 42, Article 4696, Article 4699; No. 44, Article 4982; No. 52, Article 6229, Article 6231; 2009, No. 1, Article 25 ; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Article 6728; 2012, No. 50, Article 6954; No. 53, Article 7591, Article 7607; 2013, No. 11, Article 1076; No. 14, Article 1649; No. 19, Article 2329; No. 27, Art. . 2311, Art. 2317), Federal Law “On Banks and Banking Activities” (as amended by the Federal Law of February 3, 1996 No. 17-FZ) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, No. 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, art. 3424; 2002, No. 12, art. 1093; 2003, No. 27, art. 2700; No. 50, art. 4855; No. 52, art. 5033, art. 5037; 2004, No. 27, art. 2711; No. 31, art. 3233; 2005, No. 1, art. 18, art. 45; No. 30, art. 3117; 2006, No. 6, art. 636; No. 19, art. 2061; No. 31, art. 3439; No. 52, art. 5497; 2007, No. 1, art. 9; No. 22, art. 2563; No. 31, art. 4011; No. 41, art. 4845; No. 45, art. 5425; No. 50, art. 6238; 2008, No. 10, art. 895; 2009, No. 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, No. 8, art. 775; No. 27, art. 3432; No. 30, art. 4012; No. 31, art. 4193; No. 47, art. 6028; 2011, No. 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, 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 of August 7, 2001 No. 115-FZ “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (Collection of Legislation of the Russian Federation, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, art. 3452; 2007, No. 16, Art. 1831; No. 31, art. 3993, art. 4011; No. 49, art. 6036; 2009, No. 23, art. 2776; No. 29, art. 3600; 2010, No. 28, art. 3553; No. 30, art. 4007; No. 31, art. 4166; 2011, No. 27, art. 3873; No. 46, art. 6406; 2012, No. 30, art. 4172; No. 50, art. 6954; 2013, No. 19, art. 2329; No. 26, art. 3207; No. 44, art. 5641; No. 52, art. 6968; 2014, No. 19, art. 2315, Art. 2335) (hereinafter referred to as Federal Law No. 115-FZ), part two of the Civil Code of the Russian Federation (Collected Legislation of the Russian Federation, 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 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) bank accounts, 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 referendums, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation created in accordance with the legislation of the Russian Federation, as well as accounts opened on other grounds other than the agreement of a bank account, deposit (deposit), or deposit account.

Chapter 1.
General provisions

1.1. The opening of accounts for clients is carried out by banks, subject to the clients having 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 and deposit 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 the manner 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, prior to opening the 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, and beneficiary has been carried out;

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

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

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

A client may have several accounts opened on the basis of one account agreement of the appropriate type, if this is provided for in the agreement concluded between the bank and the client.

1.3. The opening of the account is completed, and the account is opened with the entry of the opening of the corresponding personal account into the Open Accounts Registration Book.

An entry on the opening of a personal account must be made in the Open Account Registration Book 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 can be made in the Register 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 based on an additional request from the client to open an account, a record of the opening of the corresponding personal account must be made in the Open Account Registration Book no later than the business day following the day the bank receives the client’s request about opening an account. If the client's request for opening an account contains an indication of a specific date for opening the account, a record of the opening of the corresponding personal account must be made in the Open Account Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client's request for opening accounts. The bank is obliged to have documentary evidence of receipt of the client’s request to open an account, the methods of recording which are determined by the bank in the banking rules and (or) agreement.

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

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

If one of the accounts opened under one agreement concluded between the bank and the client is closed, a record of the closure of the corresponding personal account must be made in the Open Account Registration Book 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 to close an account contains an indication of a specific date for closing the account, a record of the closure of the corresponding personal account must be made in the Open Account Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client’s application to close accounts. The bank is obliged to have documentary evidence of receipt of the client’s application to close the account, the methods of recording which are determined by the bank in the banking rules and (or) agreement.

It is not considered closure of an account to make an entry in the Open Account Registration Book about the closure of a personal account due to a change in the personal account number due to the requirements of the legislation of the Russian Federation, as well as regulations of the Bank of Russia (in particular, due to the reorganization of the client or the credit institution servicing him, changes in the procedure conducting accounting, changes in the Chart of Accounts).

Entries in the Register of Open Accounts are made in the manner established by the legislation of the Russian Federation and banking rules.

1.4. In order to organize work on opening and closing accounts, the credit institution adopts banking rules in accordance with Chapter 11 of these Instructions.

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 bank officials), establishing for them the corresponding official rights and responsibilities, with which they must be familiarized with signature.

1.5. Bank officials receive 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, based on the documents received, they check whether the client has legal capacity (capacity), and also perform other functions provided for by these Instructions, banking rules and job description. For these purposes, bank officials interact with clients and their representatives, request and receive the necessary information.

Bank officials may be authorized to identify the client, client representative, beneficiary, and 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 clause 7.10 of this Instruction, a card with sample signatures and seal impressions (hereinafter referred to as the card).

1.6. A credit institution is obliged to update information received when identifying clients, client representatives, beneficiaries and beneficial owners in the manner established by the legislation of the Russian Federation.

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

If the person applying 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(s) authorized to sign, as well as the person(s) authorized to manage funds in the account, using an analogue of a handwritten signature, codes, passwords and other means confirming the presence specified powers (hereinafter referred to as an analogue of a handwritten signature).

1.8. The bank is obliged to have copies of documents identifying the client, as well as persons whose identities 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 department code (if any) (hereinafter referred to as details of the identity document).

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

Information established by the bank before 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, clients are required to submit to the bank Required documents(copies thereof) confirming changes in this information.

1.10. The bank is obliged to systematically update information about clients that must be identified when opening an account, as well as about persons whose identities must be established when opening an account, in the manner prescribed by banking rules.

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

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

1.11.1. Copies of documents certified by a client who is a legal entity are accepted by the bank provided that a bank official (another person authorized by the bank) establishes their compliance with the original documents. A copy of the document certified by the 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 handwritten signature, the date of certification and the seal impression (if there is none, the stamp) of the client.

On a copy of a document made by a client - a legal entity, accepted by him, a bank official or another 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 impression of a seal or stamp established for these purposes by the bank.

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

1.11.2. A bank official (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 documents submitted by the client (his representative) for opening an account can be made by an official of the bank (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 the banking rules.

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

1.11.3. In the cases provided for in the banking rules, in order to open an account for 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 generated in the activity may be submitted to the bank legal entities(authorities) under whose jurisdiction the client is a legal entity.

An extract from internal documents generated in the activities of a client - a legal entity, can be certified in the manner established 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 (in its absence, the stamp) of the client - a legal entity.

An extract from documents directly related to the activities of the client - a legal entity and those formed in the activities of legal entities (authorities) under the jurisdiction (to which jurisdiction) the client - a legal entity is located, can be certified in the manner established by the legislation of the Russian Federation, or certified legal entity (authority) under whose jurisdiction the client is located, indicating the surname, first name, patronymic (if any), position of the person who certified the extract, as well as affixing his handwritten signature, date of certification and seal impression (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. To open an account, the client is required to submit the documents provided for in these Instructions, as well as other documents in cases where the legislation of the Russian Federation requires the opening of an account to be due to the availability of documents not specified in these Instructions. The Bank has the right not to require the presentation of those documents that are in the client’s legal file, formed in accordance with Chapter 10 of these Instructions.

The client's representative, persons authorized to manage funds in the account using an analogue of a handwritten signature, and persons authorized to sign are required to submit an identification document, as well as documents confirming the availability of appropriate authority.

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

the agreement stipulates that operations 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 to carry out a banking transaction are drawn up and signed by the bank;

the agreement stipulates that the management of funds in 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 using 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 located in the escrow account.

In the cases established by these Instructions, instead of a card, an album of sample signatures of persons authorized to manage funds in the account (hereinafter referred to as the album) may be presented 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 presentation.

Documents drawn up in whole or in any part on foreign language(except for identification documents individuals, issued by the competent authorities of foreign states, compiled in several languages, including Russian), are submitted to the bank with a duly certified translation into Russian.

Documents issued by the competent authorities of foreign states confirming the status of non-resident legal entities are accepted by the bank subject to their legalization in the prescribed manner or without their legalization in cases provided for 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 competent authorities of foreign states identifying individuals, provided that the individual has a document confirming the right of legal stay (residence) in the territory of the Russian Federation.

In the cases and in the manner provided for in the banking rules, a bank official (another bank employee) who has a degree (qualification) providing for the ability to perform the functions of a translator in the relevant foreign language (relevant foreign languages), has the right to carry out for use in the bank translation into Russian of documents required for submission to the bank for the purpose of opening 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 his identity document, last name, first name, patronymic (if any) and his degree (qualification).

1.14. The documents (copies thereof) collected by the bank to open an account are placed in a legal file, formed in accordance with the requirements established by Chapter 10 of these Instructions.

Documents (copies thereof) in electronic form regarding account opening issues are stored in the manner established by banking rules, in compliance with the requirements of clause 10.6 of these Instructions.

Chapter 2.
Types of accounts

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

2.2. Current accounts are opened for individuals to carry out transactions not related to business activities or private practice.

2.3. Current 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 legislation of the Russian Federation, to carry out transactions related to entrepreneurial activity or private practice. Current accounts are opened for representative offices of credit institutions, as well as non-profit organizations to carry out transactions related to achieving 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 carrying out operations with funds from the budgets of the budget system of the 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 treaty. 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 the trustee to carry out operations related to trust management activities.

2.8. Special bank accounts, including special bank accounts of bank payment agent, bank payment subagent, payment agent, supplier, merchant bank account, clearing bank account, guarantee fund account payment system, nominal account, escrow account, pledge account, special bank account of the debtor, are opened to legal entities, individuals, individual entrepreneurs, individuals engaged in private practice in the manner 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, units of the bailiff service, law enforcement agencies, and notaries are opened accordingly to the courts, units of the bailiff service, law enforcement agencies, and notaries for enrollment Money, coming into temporary disposal when they carry out activities established by the legislation of the Russian Federation and in cases established by the legislation of the Russian Federation.

2.10. Deposit accounts are opened for individuals and legal entities, respectively, to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of funds placed.

Chapter 3.
Opening a current account for an individual

3.1. To open a current account, an individual - a citizen of the Russian Federation must submit to the bank:

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

3.2. To open a current account, an individual - a foreign citizen or stateless person - must be provided with the documents specified in paragraph 3.1 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (reside) 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, individual entrepreneur, 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, a legal entity created in accordance with the legislation of the Russian Federation must submit to the bank:

b) constituent documents of a legal entity. Legal entities operating on the basis of a standard charter approved by the Government of the Russian Federation; operating on the basis of standard provisions on organizations and institutions of relevant types and types, approved by the Government of the Russian Federation, and charters developed on their basis; acting on the basis of the standard regulations and charter, submit the specified documents. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, bodies local government represent legislative and other regulatory legal acts adopted in the order established by the legislation of the Russian Federation, decisions 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 enter into 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 authority of the persons indicated in the card to manage the funds in the account, and in cases where the agreement provides for certification of the rights to dispose of the funds in the account using an analogue of a handwritten signature, documents confirming the authority of the persons, entitled to use an analogue of a handwritten signature;

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

g) a certificate of registration with a tax authority or a document issued by a tax authority in cases provided for 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 organization created in accordance with the law foreign country and located outside the territory of the Russian Federation, the following are submitted to the bank:

a) 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 on the territory of which this legal entity was created, in particular, documents confirming its state registration;

c) card (except for the cases provided for in paragraph 1.12 of these Instructions).

To open a correspondent account of a credit organization created in accordance with the legislation 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 manage funds located in the correspondent account, using an analogue of a handwritten signature, is not required, unless otherwise determined by the bank in the banking rules.

To open a correspondent account for the central (national) bank of a foreign state, the bank must submit legislative and (or) other regulatory legal acts on its legal status, an album, as well as the document provided for in subparagraph “g” of paragraph 4.1 of this document, adopted in accordance with the procedure established by the legislation of the relevant foreign state. 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 created in accordance with the legislation of the Russian Federation, to carry out transactions as its separate division (branch, representative office) the following must be submitted to the bank:

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

b) regulations on a separate division of a legal entity;

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

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

4.4. To open a current account for a legal entity created in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, for the purpose of carrying out transactions by its separate division (branch, representative office) the following must be submitted to the bank:

a) documents provided for in paragraph 4.2 of these Instructions;

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

In cases provided for by the legislation of the Russian Federation, documents are also submitted indicating that an entry has been made in the consolidated state register of representative offices of foreign companies accredited on the territory of the Russian Federation or the state register of branches of foreign legal entities accredited on 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 must submit to the bank the documents provided for in subparagraphs “d”, “e” and “g” of paragraph 4.1 of these Instructions.

To open a current account, a diplomatic and 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 division of an international organization for carrying out transactions by this separate division (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. To open a current account for an individual entrepreneur or an individual engaged in private practice in accordance with the legislation of the Russian Federation, the following must be submitted to the bank:

a) an identity document of an individual;

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

c) documents confirming the authority of the persons indicated in the card to dispose of funds in the account (if such authorities are transferred to third parties), and in the case where the agreement provides for certification of the rights to dispose of funds in the account by third parties using an analogue of a handwritten signature, documents confirming the authority of persons authorized 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 submits a document confirming the vesting of his powers (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 individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who is a foreign citizen, is presented with 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 availability 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 right of a legal entity to service at the bank.

4.10. To open a correspondent account of a credit organization established in accordance with the legislation of the Russian Federation, the documents provided for in paragraph 4.1 of this Instruction are submitted to the Bank of Russia, with the exception of the documents specified in subparagraphs “a”, “b”, “c” and “e” of paragraph 4.1 of this Instruction.

To open a correspondent account of a credit organization established in accordance with the legislation of the Russian Federation, the credit organization must submit, along with the documents specified in paragraph 4.1 of this Instruction, confirmation of the approval by the Bank of Russia of persons appointed to positions (assigned responsibilities) in accordance with the legislation of the Russian Federation. Federation is subject to agreement with the Bank of Russia, when indicating these persons on the card.

4.11. To open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the credit institution is presented in the cases established by regulations of the Bank of Russia, along with the documents specified in paragraph 4.3 of this Instruction, a message about entering information about the opening of a branch in the State Book registration of credit institutions and assigning 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 responsibilities) in accordance with the legislation of the Russian Federation is subject to agreement with the Bank of Russia, when indicating these persons on the card.

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

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

a) certificate of state registration of a legal entity;

c) card (except for the cases provided for in paragraph 1.12 of these Instructions) or album.

4.13. To open accounts for the trustee for operations related to trust management (trust management accounts), the following must be submitted to the bank:

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

b) the 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, taking into account the requirements of the legislation of the Russian Federation.

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

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

The procedure for recording this information is determined by the bank independently in its banking rules.

To open a special bank account for the debtor, the bankruptcy trustee presents an identification document, a copy of the judicial act approving the bankruptcy trustee in the debtor's bankruptcy case, and a card.

Chapter 5.
Opening of deposit accounts

5.1. To open an account for a deposit with a bank for an individual - a citizen of the Russian Federation:

a) an identity document of an individual;

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

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

5.2. To open a deposit account, an individual - a foreign citizen or stateless person - must be provided with the documents specified in paragraph 5.1 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation , if their availability is provided for by the legislation of the Russian Federation.

5.3. To open a bank deposit account for a legal entity created in accordance with the legislation of the Russian Federation:

a) certificate of state registration of a legal entity;

b) certificate of registration with the tax authority.

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

5.5. To open a deposit account with a bank for an individual entrepreneur or an individual engaged in private practice in accordance with the legislation of the Russian Federation:

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 submits a document confirming the vesting of his powers (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 are submitted to the bank, as well as a migration card and (or) a document confirming the right of a foreign citizen citizen or stateless person for stay (residence) in the Russian Federation, if their availability is provided for by the legislation of the Russian Federation.

Chapter 6.
Opening deposit accounts for courts, bailiff service units, 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 of the judicial body for which the account is opened;

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

6.2. To open a deposit account for the bailiff service departments, the following must be submitted to the bank:

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

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

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

6.3. To open a deposit account for law enforcement agencies, the following must be submitted to the bank:

a) a document on the legal status of the security authority for which the account is opened;

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

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

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

a) an identity document of an individual;

b) card (except for the cases provided for in paragraph 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 sample signatures and seal impressions

7.1. The card is presented by the client to the bank in the cases provided for in these Instructions, along with other documents necessary for opening an account.

The card can be issued in form No. 0401026 according to OKUD (All-Russian Classifier of 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 of this Instruction.

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

7.3. The bank produces the number of copies of the card required for use in work. The use of card copies obtained using duplicating equipment is permitted provided that the copying is made without distortion.

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

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

When the bank services several client accounts and provided that the list of persons authorized to sign is identical, 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 cases and in the manner provided for in banking rules, the bank is allowed to 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. In this case, it must be possible to reproduce, without distortion, a copy of the card obtained using scanning devices on paper.

7.4. Card forms are prepared by clients and the 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 authorized 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, it is allowed to indicate interlinearly the translation of the fields of the card in the languages ​​of the peoples of the Russian Federation, as well as in foreign languages.

The “Sample of seal impression” field should provide for the possibility of affixing a seal impression without going beyond the boundaries of this field.

7.5. The card submitted by a client - an individual, an individual entrepreneur, an individual engaged in private practice in accordance with the legislation of the Russian Federation, indicates the person (persons) vested with the right to sign.

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

The right to sign may belong to individuals on the basis of an appropriate power of attorney issued in cases and in the manner established by the legislation of the Russian Federation, 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) vested with the right to sign.

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

The right to sign may belong only to employees (employees) of the client - a legal entity, with the exception of cases established by paragraphs nine to eleven of this paragraph.

The head of a separate division of a client - a legal entity, if he has the appropriate powers, has the right, by his administrative act or on the basis of a power of attorney, to grant the right of signature to employees (employees) of this separate division.

The management of funds located in the accounts of a credit organization opened with the Bank of Russia, in accordance with Article 11.1 of the Federal Law “On Banks and Banking Activities,” can only be entrusted to persons approved in accordance with the procedure established by parts six to eight of this article.

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

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

The sole executive body of the management organization may act as a person authorized to sign.

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

Possible combinations of handwritten signatures of persons authorized to sign, necessary for signing documents containing the client’s order, are determined by 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 on the card as a person authorized to sign, provided that other persons have the right to sign.

7.7. To issue a card, only documents confirming the status of the persons indicated on the card are submitted to the embassy or consulate. If an international treaty ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an embassy or consulate official to certify the authenticity of 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 of the seal imprinted by the client on the card must correspond to the seal that the client has.

The temporary administration for managing a credit organization affixes a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the temporary administration for managing a credit organization.

The bankruptcy trustee (liquidator), external manager affixes an imprint of the seal used by him in carrying out bankruptcy proceedings (liquidation), external control.

7.9. The authenticity of handwritten signatures of persons authorized to sign may be certified by a notary. The bank accepts a card in which the authenticity of the signatures of all persons authorized 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 identities of the persons indicated on the card on the basis of the submitted identification documents.

7.10.2. The authorized person establishes the powers of the persons indicated in the card based on the study of the client’s constituent documents, as well as documents conferring the corresponding powers on the person.

7.10.3. The persons indicated on the card, in the presence of an authorized person, affix their handwritten signatures in the appropriate field of the card. Blank lines are marked with dashes.

7.10.4. The authorized person, in confirmation of the signatures of the persons indicated on the card in his presence, fills out the field “Place for a certification inscription attesting the authenticity of signatures” on the card in the bank premises in the manner established by clause 2.9 of Appendix 2 to these Instructions.

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

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

Submission of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the authority of the persons indicated on the card to dispose of funds in the account, as well as documents identifying the person(s) authorized to sign. The bank does not have the right to accept a new card without submitting the specified documents, except in cases where the specified documents were submitted to the bank earlier and the bank already has them.

7.12. The Bank has the right, upon a written application from the client, to make changes to 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 office”, “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 No.,” “Term of office,” “Cash checks issued” cards are determined by the bank in the banking rules.

The Bank has the right to make corrections to the fields of the card, issued in the manner established by clause 7.10 of these Instructions, when filling out 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, the text is crossed out with a thin line so that what has been crossed out can be read.

7.13. If the right to sign is granted temporarily to persons not indicated on the card, as well as in the case of temporary use of an additional seal, temporary cards issued in the manner prescribed by these Instructions are provided with the card. In this case, the “Temporary” mark is placed in the upper right corner on the front side of the card.

7.14. The front and back sides of the card are filled out in the manner prescribed by Appendix 2 to these Instructions.

7.15. For 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 or 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 termination of the bank account agreement, incoming and outgoing transactions on the client’s account are not carried out, with the exception of the operations provided for in clause 8.3 of these Instructions. Funds received by the client after termination of the bank account agreement are returned to the sender.

8.3. After termination of the bank account agreement before the expiration of seven days after receiving the corresponding written application from the client, the bank issues the remaining 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 in 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, the bank to the client notice of termination of the bank account agreement or the bank fails to receive the client’s instructions to transfer the amount within the specified period the balance of funds in another account, the bank is obliged, in accordance with paragraph two of paragraph 3 of Article 859 of the Civil Code of the Russian Federation, to credit funds to a special account with the Bank of Russia, opened in accordance with the Directive of the Bank of Russia dated July 15, 2013 No. 3026-U “On a special account in the Bank of Russia”, registered by the Ministry of Justice of the Russian Federation on August 16, 2013 No. 29423 (“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 check books with remaining unused cash checks and stubs in the manner established by the legislation of the Russian Federation.

8.5. If there are no funds in the bank account, a record of the closure of the corresponding personal account is made in the Register of Open Accounts no later than the business day following the day of termination of the bank account agreement, unless otherwise established 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 the entry of the closure of the corresponding personal account into the Register of Open Accounts.

If there are funds in 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 Open Account Registration Book no later than the business day following the day the funds are written off from the bank account.

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

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

8.6. To close the debtor's bank account during bankruptcy proceedings, the bankruptcy trustee submits an identification document, a copy of the judicial act approving the bankruptcy trustee in the debtor's bankruptcy case, 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, bank details of the recipient of the funds. If an order to transfer the balance of funds in a bank account is drawn up and signed by the bank, the card is not presented to the bank.

8.7. Upon termination of the nominal account agreement, the bank transfers the balance of funds by payment order to another nominal account of the client - the account owner or gives cash to the beneficiary or (unless otherwise provided by law or the nominal account agreement or does not follow from the essence of the relationship) transfers by payment order according to indicating the beneficiary to another account.

Unless otherwise provided by the agreement between the client-depositor and the beneficiary, upon termination of the escrow account agreement, the bank issues the balance of funds in the account to the client-depositor in cash or transfers funds to the client-depositor by payment order, or if grounds arise 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 a deposit account, deposit account

9.1. The basis for closing a deposit account is the termination of the 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 Open Accounts Registration Book is made by the bank on the day the deposit account balance becomes zero, unless otherwise established by the deposit agreement.

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

Chapter 10.
Legal matter

10.1. A legal file 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 client 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 contacts 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) identifying 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 affairs of clients, on behalf of and on whose behalf one representative acts, are determined by the bank in the banking rules.

10.2. The legal file includes:

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

agreement (agreements) of a bank account, deposit (deposit), amendments and additions to the specified agreement (said agreements), other agreements defining the relationship between the bank and the client for opening, maintaining and closing an account;

documents relating to the bank sending messages to the tax authority about opening (closing) an account;

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

expired cards;

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

Cards presented and used when servicing clients are subject to storage in a place determined by the bank independently.

10.3. When withdrawing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (resolution) of a state body, the documents received by the bank during the withdrawal (seizure) of the document (its copy) are placed in the legal file.

When drawing up one document during the withdrawal (seizure) of documents from several legal files, the document (its copy) received by the bank during the withdrawal (seizure) of documents is placed in one of the legal files; copies of the specified document certified by the bank are placed in other legal files.

When withdrawing (removing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures under the current circumstances to place in the legal file a copy of the seized document, certified in the manner established by paragraph 1.11 of these Instructions.

10.4. The bank is obliged to prevent unauthorized access to clients' legal files during their storage.

10.5. In the event of termination of service to a client in one division of the bank and his transfer for servicing to another division of the bank, the legal matter may be transferred from one division of the bank to another in the manner established by banking rules.

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

The storage period for documents (copies thereof) in electronic form relating to the relationship between the bank and the client on issues of opening, maintaining and closing an account must be no less than the storage period for the corresponding 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:

about distribution between structural divisions the credit organization's competence in the field of opening and closing accounts, including the procedure for maintaining and storing the Open Account Registration Book;

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

on the procedure for the credit institution to prepare documents used when opening and closing accounts, as well as the procedure for the credit institution to produce and certify copies of documents submitted by the client;

on the rules of document flow from the moment of receiving documents from the client (his representative) until the moment the client is informed of the account number;

on the organization of work on preparing and sending messages to the tax authority about opening or closing an account, about changing account details;

on procedures for accepting documents for opening accounts;

about the form and procedure for issuing the card;

on the procedure for obtaining and processing 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 clients about their account details;

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

about the cases and procedure for forming one legal case on several client accounts;

on the procedure for access to clients’ legal files;

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

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

on the procedure for recording information on the agreement to engage a bank payment agent (bank payment subagent), on the agreement on the implementation of 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, or collateral account.

Banking rules may include other provisions relating to the opening and closing of accounts and the procedures involved in opening and closing accounts.

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

11.3. In order to organize work on opening and closing accounts, divisions of the Bank of Russia have the right to adopt internal documents containing the provisions specified in clause 11.1 of this Instruction, in compliance with the requirements established by clause 11.2 of this Instruction.

Chapter 12.
Final provisions

12.2. Re-issuance of cards accepted by the bank before the entry into force of this Instruction is not required. In this case, documents containing the client’s order are signed by a person with the right of first signature and a person with the right of second signature (if available on the card).

Banking rules the use of card forms that were used before the entry into force of this Instruction may be established. In this case, the fields “Last name, first name, patronymic” and “Sample signature” opposite the field “Second signature” of such cards cannot be filled out.

12.3. Internal documents valid on the date of entry into force of this Instruction must be brought into compliance 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, the following shall be declared invalid:

Instruction of the Bank of Russia dated September 14, 2006 No. 28-I “On opening and closing bank accounts, deposit accounts”, 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);

Directive of the Bank of Russia dated May 14, 2008 No. 2009-U “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);

Directive of the Bank of Russia dated November 25, 2009 No. 2342-U “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 December 14, 2009 No. 15591 (“Bulletin of the Bank of Russia” dated December 23, 2009 No. 74);

Directive of the Bank of Russia dated August 28, 2012 No. 2868-U “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 Bank of Russia Instructions
dated May 30, 2014 No. 153-I
"About opening and closing
bank accounts,
deposit accounts,
deposit accounts"

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

Reverse side

Account number
(abbreviated name of the client
(account holder)
Full Name Signature example Term of office
Date of completion Seal impression sample
Signature of the client (account holder)
Place for a certification inscription confirming the authenticity of the signatures Cash checks issued
date with no. by no. date with no. by no.

Appendix 2
to the Bank of Russia Instructions
dated May 30, 2014 No. 153-I
"About opening and closing
bank accounts,
deposit accounts,
deposit accounts"

The procedure for filling out a card with sample signatures and a seal imprint

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

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

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 or representative office, the full name of the legal entity is indicated in accordance with its constituent documents and after the comma - the full name of the separate division in accordance with the regulations on the separate division approved by the legal entity;

the client - an individual indicates his full last name, first name, patronymic (if any), date of birth;

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

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

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

the 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), at which communication with the legal entity is carried out. In cases where the functions of the sole executive body of a client - a legal entity - are performed by a management organization or manager, the client additionally indicates the location of the management organization, or the address of the place of residence (registration), or the address of the place of stay. The client is an individual, individual entrepreneur, indicates the address of the place of residence (registration) or place of stay;

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

1.3. In the “tel. №” the client indicates a telephone number. It is acceptable to indicate several customer phone numbers.

1.4. In the “Bank” field, indicate the full corporate name or abbreviated corporate 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 the account has been assigned the corresponding number 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 Open Account Registration Book is granted by the bank’s administrative 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 about the provision of temporary cards, the period of time during which they are valid, the 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 back of the card are filled in in the following order.

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

the 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 regulations on the branch, representative office approved by the legal entity. If there is no abbreviated name, the full name of the client - legal entity (branch, representative office) is indicated;

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

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

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

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

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

2.2. In the “Account number” field, after making an entry about the opening of an account for a client in the Open Accounts Registration Book, the chief accountant, his deputy or another person who is granted the right to make an entry about the opening of an account for a client in the Open Accounts Registration Book, enters 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 authorized to sign are indicated.

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

2.5. The “Term of office” field is intended to control the term of office of persons authorized to sign, established on the basis of constituent documents, an administrative act of the client or a power of attorney issued by him. The cases and procedure for filling out the “Term of Office” field by the bank are determined by the bank in the banking rules.

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

2.7. In the field “Signature of the client (account owner)” the following is entered:

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

handwritten signature of the manager (sole executive body of the management organization) if the powers of the client’s sole executive body are transferred in the manner established by the legislation of the Russian Federation to the manager (management 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 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 of 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), put down a sample of the seal imprint.

The seal imprinted on the card must be clear.

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

Clients - individuals do not fill out the “Sample of seal imprint” field.

2.9. In the field “Place for a certification inscription attesting to 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 a handwritten signature with the seal (stamp) of the bank attached, determined for these purposes by the bank's administrative act.

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 clients. The field “Cash checks issued” can be issued in the form of a separate sheet (sheets) attached to the card.

Document overview

The procedure for opening and closing bank accounts, deposit accounts, 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 have been taken into account. We are talking about abolishing the institution of the control signature of an accountant. In this regard, on the card, samples of signatures of authorized persons are given in a row (without dividing into those who have the right of first and second signature).

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

The grounds for failure to submit a card with sample signatures and a seal imprint by an individual are extended to legal entities.

In addition, the new procedure is in accordance with the amendments to the Civil Code of the Russian Federation. In particular, the specifics of opening and closing a nominal account, escrow account and collateral account have been established.

When opening a nominal account or escrow account, the bank must have information about the beneficiary and the basis for his participation in the relationship under the agreement of such an account. He must also have information about the pledge holder of the collateral account. For an 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 accessible measures in the current circumstances to identify the beneficial owners.

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

Banking activities on the territory of the Russian Federation are regulated by a number of federal laws and big amount legal acts that are aimed at certain narrow banking specialties and specific operations. The main law in the banking sector is Federal Law-395-1.

General provisions 395-1 Federal Law

List of legislative acts that are fundamental in the field of regulation of banking activities:

  • FZ-351-1 - On banks and banking activities - is the fundamental law in the field of regulating the work of banks. It defines basic concepts and terms, classifies banking organizations and documents, defines the relationship between the state, banks and clients, and also establishes the procedure for registering credit institutions and their activities.
  • — regulates the activities of the country’s main financial organization, as well as its branches. The Bank of Russia establishes the national currency, monitors its stability and controls the work of all credit institutions.
  • — establishes the procedure for making money transfers and the rules for providing payment services on the territory of the Russian Federation.
  • I-153 - Instructions of the Central Bank of the Russian Federation on opening and closing bank accounts - provides the necessary documents for creating a bank account, as well as the rules for its use.
  • I-139 - Instruction of the Central Bank of the Russian Federation on mandatory banking ratios - establishes the rules for calculating mandatory banking ratios.

It is also necessary to pay attention to the Constitution of the Russian Federation, namely Articles 71, 74, 75, 83, 103, 106, which permit and limit the work of banks, as well as Article 857 of the Civil Code of the Russian Federation, which defines the concept of bank secrecy and provides for the rules for its compliance.

In addition to the above legislative acts, which are the cornerstone in the banking system of the Russian Federation, there is a large number of narrowly focused documents that regulate individual species activities of banking and credit institutions. All regulations are constantly being edited and improved in order to improve the functioning of the financial sector of the state.

Federal Law on the judicial system with current changes for 2018. Link

Read about the latest innovations in Federal Law No. 116

Brief content of Federal Law-351-1 by chapter:

  • Chapter 1 provides general provisions of the law: defines the basic terms used in the banking sector, establishes the types of financial and credit organizations, and also provides the basic rules for their functioning;
  • Chapter 2 regulates the procedure for registering credit and banking institutions, the rules for obtaining the appropriate license to carry out activities and the specifics of the liquidation of these organizations;
  • Chapter 3 lists the requirements to ensure stable operation banking system, as well as to protect the rights and interests of investors;
  • Chapter 4 establishes the rules of interbank relations and the procedure for servicing clients;
  • Chapter 5 provides for the specifics of opening and operating branches of credit institutions on the territory of foreign states;
  • Chapter 6 defines the features of making bank deposits by individuals and the rules for their compulsory insurance;
  • Chapter 7 establishes the requirements for maintaining accounting records in banking organizations and the procedure for supervising the activities of credit institutions.

The Banking Law came into force on December 2, 1990. Since its adoption, it has been supplemented and edited several times. The latest changes to Federal Law 351-1 occurred on December 31, 2017.

What changes have been made?

During the last amendment to the legislation on banks of the Russian Federation, which was introduced on December 12, 2017 by Law No. 482-FZ, the following articles were supplemented:

  • To article 8, providing for rules for disclosing bank secrecy, a provision was introduced that gives the Government of the Russian Federation the right to establish special cases for credit institutions when information intended for disclosure may not be disclosed or may be partially disclosed;
  • Article 30, which defines the relationship between banks and clients, was supplemented by a provision that provides for the conclusion of electronic agreements signed with digital signatures. Electronic documents are equivalent to paper ones, and digital signatures will be used to identify clients. This amendment will come into force on June 30, 2018.

Article 20, which provides grounds for termination of a banking license, consists of the following provisions:

  • The Central Bank of Russia has the right to revoke a license from a credit organization in the following cases:
    • the information on the basis of which the license was issued is unreliable;
    • banking operations provided for by the license are not carried out within a year from the date of its issuance;
    • significant unreliability of reporting data;
    • monthly reporting is delayed for more than 15 days;
    • carrying out banking operations that are not provided for by the license;
    • non-compliance with the requirements of regulatory acts on banking activities;
    • repeated violations of the requirements of regulatory documents of the Bank of Russia within one year;
    • failure to comply with the demands of judicial organizations to collect money from client accounts;
    • petitions for bankruptcy from the temporary administration (FZ on bankruptcy);
    • repeated delays in providing updated information to the Bank of Russia;
    • violations were not eliminated within the prescribed period;
    • violation of legislation on combating the illegal use of insider information.
  • The Central Bank is obliged to revoke the license of a credit organization in the following cases :
    • if the credit institution’s equity capital is below two percent;
    • if the organization’s own capital is below the minimum authorized capital;
    • if the credit company does not bring its own capital to the required standard in accordance with the resolution of the Bank of Russia;
    • if the organization cannot satisfy the requests of creditors;
    • if a bank holding a universal license allowed its own capital to decrease below the permissible minimum norm;
    • if a bank with a universal license, while reducing its own capital, did not reach the required amount within the prescribed period and did not change its status in accordance with the provisions of this law;
  • The decision to revoke a license is made within 15 days after receiving reliable information about the relevant grounds. The decision comes into force from the moment it is adopted and can be appealed within 30 days after its announcement.

After the license is revoked, a temporary administration is appointed to a credit or banking organization, whose task is to fulfill the company’s remaining obligations to creditors and prepare the organization for liquidation.

Article 27, which provides for the procedure for seizing and directing collection of funds and property that are in a credit institution, consists of the following provisions:

  • Seizure of financial assets or other valuables pledged or stored in a credit company is carried out only with the appropriate order of the courts as a result of a court decision;
  • If the money in an account or deposit is seized, then the company, upon receipt of the appropriate decision, immediately stops any operations with the specified account;
  • It is possible to recover funds or other valuables that are in an account or deposit with a credit company only if there is an appropriate writ of execution;
  • The credit institution and the Central Bank of Russia are not responsible for damage to property as a result of seizure or foreclosure;

Cash or valuables are confiscated only when the relevant court decision comes into force.

Amendments that relate to the activities of commercial banks

In order to resolve financial market Over the past 10 years, the number of commercial banks has decreased. Benefits of reducing the number banking organizations are as follows:

  • in the qualitative improvement of the services provided;
  • in increasing the reliability of deposits and assets;
  • in increasing competition.

However, it cannot do without negative consequences, among which:

  • expenses for compensation of losses of legal entities;
  • losses of legal entities that invest in the development of commercial organizations;
  • instability in the banking sector due to frequent amendments to legislation.

The Banking Law is regularly amended to improve services and create a healthy financial environment. Therefore, a new wave of contraction of commercial banks is expected this year. Experts predict a reduction in the number of banks to 500 units.

Download the text of the current version of the law

Federal Law of December 2, 1990 N 395-1 “On Banks and Banking Activities” can be downloaded. The text is provided in the current version from latest changes dated 12/31/2017.

CENTRAL BANK OF THE RUSSIAN FEDERATION

INSTRUCTIONS
dated May 30, 2014 N 153-I

ON OPENING AND CLOSING BANK ACCOUNTS, DEPOSIT ACCOUNTS, DEPOSIT ACCOUNTS

Based on 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 , Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, Art. 3629; N 48, Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973; N 48, Art. 6728; 2012, N 50, Art. 6954; N 53, Art. 7591, Art. 7607; 2013, N 11, Art. 1076; N 14, Art. 1649; N 19, Art. 2329; N 27, Art. 3438, Art. 3476, Art. 3477; N 30, Art. 4084; N 49, Art. 6336; N 51, Art. 6695, Art. 6699; N 52, Art. 6975; 2014, N 19, Art. 2311, Art. 2317), Federal Law “On Banks and Banking Activities” (as amended by Federal Law of February 3, 1996 N 17-FZ ) (Vedomosti of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, No. 27, Art. 357; Collection of Legislation of the Russian Federation, 1996, No. 6, Art. 492; 1998, N 31, art. 3829; 1999, N 28, art. 3459, art. 3469; 2001, N 26, art. 2586; N 33, art. 3424; 2002, N 12, art. 1093; 2003, N 27, art. 2700; N 50, art. 4855; N 52, art. 5033, art. 5037; 2004, N 27, art. 2711; N 31, art. 3233; 2005, N 1, art. 18, art. 45; N 30, art. 3117; 2006, N 6, art. 636; N 19, art. 2061; N 31, art. 3439; N 52, art. 5497; 2007, N 1, art. 9; N 22, art. 2563; N 31, art. 4011; N 41, art. 4845; N 45, art. 5425; N 50, art. 6238; 2008, N 10, art. 895; 2009, N 1, art. 23; N 9, art. 1043; N 18, art. 2153; N 23, art. 2776; N 30, art. 3739; N 48, art. 5731; N 52, art. 6428; 2010, N 8, art. 775; N 27, art. 3432; N 30, art. 4012; N 31, art. 4193; N 47, art. 6028; 2011, N 7, art. 905; N 27, art. 3873, Art. 3880; N 29, art. 4291; N 48, art. 6728, art. 6730; N 49, art. 7069; N 50, art. 7351; 2012, N 27, art. 3588; N 31, art. 4333; N 50, art. 6954; N 53, art. 7605, art. 7607; 2013, N 11, art. 1076; N 19, art. 2317, Art. 2329; N 26, art. 3207; N 27, art. 3438, art. 3477; N 30, art. 4084; N 40, art. 5036; N 49, art. 6336; N 51, Art. 6683, Art. 6699; 2014, N 6, art. 563; N 19, art. 2311, art. 2317) (hereinafter referred to as the Federal Law “On Banks and Banking Activities”), Federal Law of August 7, 2001 N 115-FZ “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (Collection of Legislation of the Russian Federation, 2001, N 33, art. 3418; 2002, N 30, art. 3029; N 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; N 49, art. 6036; 2009, N 23, art. 2776; N 29, art. 3600; 2010, N 28, art. 3553; N 30, art. 4007; N 31, art. 4166; 2011, N 27, art. 3873; N 46, art. 6406; 2012, N 30, art. 4172; N 50, art. 6954; 2013, N 19, art. 2329; N 26, art. 3207; N 44, Art. 5641; N 52, art. 6968; 2014, N 19, art. 2315, Art. 2335) (hereinafter referred to as Federal Law N 115-FZ), part two of the Civil Code of the Russian Federation (Collection of Legislation of the Russian Federation, 1996, N 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 - banks) bank accounts, deposit accounts (hereinafter - 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 referendums, accounts opened in separate divisions of credit institutions located outside the territory of the Russian Federation created in accordance with the legislation of the Russian Federation, as well as accounts opened on other grounds other than the agreement of a bank account, deposit (deposit), or deposit account.

Chapter 1. General provisions

1.1. The opening of accounts for clients is carried out by banks, subject to the clients having legal capacity (capacity).

Operations on accounts of the corresponding type (account mode) are regulated by the legislation of the Russian Federation and are carried out in the manner 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, prior to opening the 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: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

identification of the client, his representative, and beneficiary has been carried out;

reasonable and accessible measures have been taken under the current circumstances to identify beneficial owners, with the exception of cases provided for by Federal Law N 115-FZ, when identification of beneficial owners is not carried out.

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

In accordance with paragraph two of paragraph 5.2 of Article 7 of Federal Law N 115-FZ, if there is a suspicion that the purpose of opening an account is to carry out transactions for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, the credit institution in accordance with the rules internal control considers whether there are grounds for refusing to conclude an account agreement of the appropriate type.

A client may have several accounts opened on the basis of one account agreement of the appropriate type, if this is provided for in the agreement concluded between the bank and the client.

Opening of bank accounts, deposit accounts for individual entrepreneurs and legal entities registered in accordance with the legislation of the Russian Federation (with the exception of state authorities and local governments), foreign legal entities for carrying out transactions by their separate divisions (branches, representative offices) is carried out if information is available on state registration of individuals as individual entrepreneurs, on state registration of legal entities, on accreditation of branches (representative offices) of foreign legal entities, as well as information on the taxpayer identification number, reason code for registration with the tax authority, date of registration with the tax authority (hereinafter referred to as information about registration with the tax authority), contained respectively in the unified state register of individual entrepreneurs, the unified state register of legal entities and the state register of accredited branches and representative offices of foreign legal entities. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The opening by credit institutions of bank accounts and deposit accounts for foreign non-profit non-governmental organizations operating on the territory of the Russian Federation through branches is carried out if there is information about registration with the tax authority contained in the Unified State Register of Legal Entities. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

Legal relations related to the opening and closing of accounts by banks for foreign structures without the formation of a legal entity are subject to the provisions established by this Instruction in relation to legal entities created in accordance with the laws of foreign states, taking into account the peculiarities of the legal status of a foreign structure without the formation of a legal entity, determined in in accordance with her personal law. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The procedure for documenting the information specified in paragraphs seven and eight of this paragraph is determined by the credit institution in the banking rules. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

1.3. The opening of the account is completed, and the account is opened with the entry of the opening of the corresponding personal account into the Open Accounts Registration Book.

An entry on the opening of a personal account must be made in the Open Account Registration Book 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 can be made in the Register 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 based on an additional request from the client to open an account, a record of the opening of the corresponding personal account must be made in the Open Account Registration Book no later than the business day following the day the bank receives the client’s request about opening an account. If the client's request for opening an account contains an indication of a specific date for opening the account, a record of the opening of the corresponding personal account must be made in the Open Account Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client's request for opening accounts. The bank is obliged to have documentary evidence of receipt of the client’s request to open an account, the methods of recording which are determined by the bank in the banking rules and (or) agreement.

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

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

If one of the accounts opened under one agreement concluded between the bank and the client is closed, a record of the closure of the corresponding personal account must be made in the Open Account Registration Book 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 to close an account contains an indication of a specific date for closing the account, a record of the closure of the corresponding personal account must be made in the Open Account Registration Book no later than the business day following such date, but not earlier than the day the bank receives the client’s application to close accounts. The bank is obliged to have documentary evidence of receipt of the client’s application to close the account, the methods of recording which are determined by the bank in the banking rules and (or) agreement.

It is not considered closure of an account to make an entry in the Open Account Registration Book about the closure of a personal account due to a change in the personal account number due to the requirements of the legislation of the Russian Federation, as well as regulations of the Bank of Russia (in particular, due to the reorganization of the client or the credit institution servicing him, changes in the procedure accounting, changes in the Chart of Accounts).

Entries in the Register of Open Accounts are made in the manner established by the legislation of the Russian Federation and banking rules.

1.4. In order to organize work on opening and closing accounts, the credit institution adopts banking rules in accordance with Chapter 11 of these Instructions.

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 bank officials), establishing for them the corresponding official rights and responsibilities, with which they must be familiarized with signature.

1.5. Bank officials receive 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, based on the documents received, they check whether the client has legal capacity (capacity), and also perform other functions provided for by these Instructions, banking rules and job descriptions. For these purposes, bank officials interact with clients and their representatives, request and receive the necessary information.

Bank officials may be authorized to identify the client, client representative, beneficiary, and 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 clause 7.10 of this Instruction, a card with sample signatures and seal impressions (hereinafter referred to as the card).

1.6. A credit institution is obliged to update information received when identifying clients, client representatives, beneficiaries and beneficial owners in the manner established by the legislation of the Russian Federation.

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

If the person applying 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(s) authorized to sign, as well as the person(s) authorized to manage funds in the account, using an analogue of a handwritten signature, codes, passwords and other means confirming the presence specified powers (hereinafter referred to as an analogue of a handwritten signature).

1.8. The bank is obliged to have copies of documents identifying the client, as well as persons whose identities 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 department code (if any) (hereinafter referred to as details of the identity document).

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

Information established by the bank before 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 the event of a change in the information to be established when opening an account, clients are required to submit to the bank the necessary documents (copies thereof) confirming the change in this information.

1.10. The bank is obliged to systematically update information about clients that must be identified when opening an account, as well as about persons whose identities must be established when opening an account, in the manner prescribed by banking rules.

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

In the cases provided for in banking rules, copies of documents submitted by a client who is a legal entity when opening an account may be certified in the manner established by subclause 1.11.1 of this clause. In the cases provided for in banking rules, a bank official (another person authorized by the bank) can make and certified copies of documents presented when opening an account in the manner established by subclause 1.11.2 of this clause. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

1.11.1. Copies of documents certified by a client who is a legal entity are accepted by the bank provided that a bank official (another person authorized by the bank) establishes their compliance with the original documents. A copy of the document certified by the 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 handwritten signature, the date of certification and the seal impression (if there is none, the stamp) of the client.

On a copy of a document made by a client - a legal entity, accepted by him, a bank official or another 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 identification document identity, and also affixes a handwritten signature, the date of certification and an impression of a seal or stamp established for these purposes by the bank.

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

1.11.2. A bank official (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 documents submitted by the client (his representative) for opening an account can be made by an official of the bank (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 the banking rules.

An official of the bank or another person authorized by the bank who is an employee of the bank puts the mark “the copy is correct” on the copy of the document on paper and indicates his surname, first name, patronymic (if any), position or details of the identity document, and also affixes a handwritten signature, date of certification and impression 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 surname, first name, patronymic (if any), details of the identity document, and also affixes his own signature, date of certification and an impression of a 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 for 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 legal entities generated in the activities may be submitted to the bank. (authorities) under whose jurisdiction the client is a legal entity.

An extract from internal documents generated in the activities of a client - a legal entity, can be certified in the manner established 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 (in its absence, the stamp) of the client - a legal entity.

An extract from documents directly related to the activities of the client - a legal entity and those formed in the activities of legal entities (authorities) under the jurisdiction (to which jurisdiction) the client - a legal entity is located, can be certified in the manner established by the legislation of the Russian Federation, or certified legal entity (authority) under whose jurisdiction the client is located, indicating the surname, first name, patronymic (if any), position of the person who certified the extract, as well as affixing his handwritten signature, date of certification and seal impression (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. To open an account, the client is required to submit the documents provided for in these Instructions, as well as other documents in cases where the legislation of the Russian Federation requires the opening of an account to be due to the availability of documents not specified in these Instructions. The Bank has the right not to require the presentation of those documents that are in the client’s legal file, formed in accordance with Chapter 10 of these Instructions.

The client's representative, persons authorized to manage funds in the account using an analogue of a handwritten signature, and persons authorized to sign are required to submit an identification document, as well as documents confirming the availability of appropriate authority.

In cases provided for in banking rules, the card may not be presented when opening an account, provided that: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

the agreement stipulates that operations 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 to carry out a banking transaction are drawn up and signed by the bank;

the agreement stipulates that the management of funds in 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 using 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 located in the escrow account.

In the cases established by these Instructions, instead of a card, an album of sample signatures of persons authorized to manage funds in the account (hereinafter referred to as the album) may be presented 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 presentation.

Documents drawn up in whole or in any part in a foreign language (with the exception of documents certifying 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 non-resident legal entities (with the exception of a credit organization created in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation) are accepted by the bank subject to their legalization in the prescribed manner or without them legalization in cases provided for by international treaties of the Russian Federation. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

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

In the cases and in the manner provided for in the banking rules, a bank official (another bank employee) who has a degree (qualification) providing for the ability to perform the functions of a translator in the relevant foreign language (relevant foreign languages), has the right to carry out for use in the bank translation into Russian of documents required for submission to the bank for the purpose of opening 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 his identity document, last name, first name, patronymic (if any) and his degree (qualification).

1.14. The documents (copies thereof) collected by the bank to open an account are placed in a legal file, formed in accordance with the requirements established by Chapter 10 of these Instructions.

Documents (copies thereof) in electronic form regarding account opening issues are stored in the manner established by banking rules, in compliance with the requirements of clause 10.6 of these Instructions.

Chapter 2. Types of accounts

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

2.2. Current accounts are opened for individuals to carry out transactions not related to business activities or private practice.

2.3. Current 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 legislation of the Russian Federation, to carry out transactions related to entrepreneurial activity or private practice. Current accounts are opened for representative offices of credit institutions, as well as non-profit organizations to carry out transactions related to achieving 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 carrying out operations with funds from the budgets of the budget system of the 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 treaty. 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 the trustee to carry out operations related to trust management activities.

2.8. Special bank accounts, including special bank accounts of a bank payment agent, bank payment subagent, payment agent, supplier, merchant bank account, clearing bank account, payment system guarantee fund account, nominee account, escrow account, collateral account, special debtor 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 relevant type provided for by it.

2.9. Deposit accounts of courts, divisions of the bailiff service, law enforcement agencies, and notaries are opened accordingly to courts, divisions of the bailiff service, law enforcement agencies, and 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. Deposit accounts are opened for individuals and legal entities, respectively, to account for funds placed in banks in order to receive income in the form of interest accrued on the amount of funds placed.

Chapter 3. Opening a current account for an individual

3.1. To open a current account, an individual - a citizen of the Russian Federation must submit to the bank:

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

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

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

Chapter 4. Opening of bank accounts for a legal entity, individual entrepreneur, 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, a legal entity created in accordance with the legislation of the Russian Federation must submit to the bank: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

a) constituent documents of a legal entity. Legal entities operating on the basis of a standard charter approved by the Government of the Russian Federation; operating on the basis of standard provisions on organizations and institutions of relevant types and types, approved by the Government of the Russian Federation, and charters developed on their basis; acting on the basis of the standard regulations and charter, submit the specified documents. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies represent legislative and other regulatory legal acts adopted in the manner established by the legislation of the Russian Federation, decisions on their creation and legal status; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) licenses (permits) issued to a legal entity, if these licenses (permits) are directly related to the client’s legal capacity to enter into an agreement on the basis of which an account is opened; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

c) card (except for the cases provided for in paragraph 1.12 of these Instructions); (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

d) documents confirming the authority of the persons indicated in the card to dispose of funds in the account, and in cases where the agreement provides for certification of the rights to dispose of funds in the account using an analogue of a handwritten signature, documents confirming the authority of the persons, entitled to use an analogue of a handwritten signature; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

e) documents confirming the powers of the sole executive body of a legal entity. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.2. To open a current account for a legal entity created in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following must be submitted to the bank: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

(as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) documents confirming the legal status of a legal entity under the laws of the country on the territory of which this legal entity was created, in particular, documents confirming its state registration; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

(as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.2.1. To open a correspondent account of a credit organization established in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, the following must be submitted to the bank: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

a) documents provided for in subparagraphs “b” - “d” of paragraph 4.1 of these Instructions; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) documents confirming the legal status of the credit organization under the laws of the country in which the credit organization was created, in particular, documents confirming its state registration; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

c) certificate of registration with the tax authority in cases provided for by the legislation of the Russian Federation. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The Bank has the right to provide in the banking rules that when opening a correspondent account of a credit organization established in accordance with the legislation of a foreign state - a member of the Financial Action Task Force (FATF) and located in the territory of such a foreign state, as well as included in the list (register) of operating credit institutions of the relevant foreign state, the documents provided for in subparagraphs “b” and (or) “e” of paragraph 4.1 of this Instruction and (or) subparagraph “b” of this paragraph are not submitted. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a correspondent account of a credit organization created in accordance with the legislation 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 manage funds located in the correspondent account, using an analogue of a handwritten signature, is not required, unless otherwise determined by the bank in the banking rules. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a correspondent account for the central (national) bank of a foreign state, the bank shall submit to the bank legislative and (or) other regulatory legal acts on its legal status, an album, as well as the document provided for in subparagraph “c” of this paragraph, adopted in the manner established by the legislation of the relevant foreign state, if in accordance with the legislation of the Russian Federation it must be received. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.3. To open a current account for a legal entity created in accordance with the legislation of the Russian Federation, to carry out transactions as its separate division (branch, representative office) the following must be submitted to the bank:

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

b) regulations on a separate division of a legal entity;

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

d) the subclause is no longer in force. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.4. To open a current account for a legal entity created in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, for transactions by its separate division (branch, representative office), as well as a foreign non-profit non-governmental organization operating on the territory of the Russian Federation through the branch, the following are submitted to the bank: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

a) documents provided for in subparagraphs “b” - “d” of paragraph 4.1 and subparagraph “b” of paragraph 4.2 of these Instructions; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) regulations on a separate division of a legal entity or a document defining the status of a branch of a foreign non-profit non-governmental organization; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

c) documents confirming the authority of the head of a separate division of a legal entity or a branch of a foreign non-profit non-governmental organization. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.5. To open a current account, the embassy, ​​consulate, as well as other diplomatic and equivalent representation of a foreign state must submit to the bank the documents provided for in subparagraphs “c” and “d” of paragraph 4.1 of these Instructions, as well as a certificate of registration with the tax authority. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a current account, a diplomatic and 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 for an 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 “c” - “d” of paragraph 4.1 of these Instructions, as well as a certificate of registration with the tax authority, are submitted to the bank . (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a current account for a separate division of an international organization to carry out transactions by this separate division (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. To open a current account, an individual entrepreneur submits to the bank: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

a) an identity document of an individual; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) card (except for the cases provided for in paragraph 1.12 of these Instructions); (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

c) documents confirming the authority of the persons indicated in the card to dispose of funds in the account (if such authorities are transferred to third parties), and in the case where the agreement provides for certification of the rights to dispose of funds in the account by third parties using an analogue of a handwritten signature, documents confirming the authority of persons authorized to use an analogue of a handwritten signature; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

d) licenses (patents) issued to an individual entrepreneur in the manner established by the legislation of the Russian Federation for the right to carry out activities subject to licensing (regulation by issuing a patent), if these licenses (patents) are directly related to the client’s legal capacity to enter into an agreement on the basis of which the check. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a current account, an individual entrepreneur who is a foreign citizen is additionally presented with a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, if their availability is provided for by the legislation of the Russian Federation. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.8. To open a current account, an individual engaged in private practice in accordance with the legislation of the Russian Federation must submit to the bank the documents specified in subparagraphs “a” - “c” of paragraph 4.7 of this Instruction, as well as a certificate of registration with the tax authority. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a current account, an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, who is a foreign citizen, is additionally presented with a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, in the case if their presence is provided for by the legislation of the Russian Federation. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a current account, a notary or lawyer is additionally presented with a document confirming the conferment of powers on the 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, or a document certifying the registration of the lawyer in the register of lawyers, and a document confirming the establishment lawyer's office, respectively. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.9. To open a budget account for a legal entity, along with the documents provided for in subparagraphs “a”, “c” - “e” of paragraph 4.1 of this Instruction, in cases established by the legislation of the Russian Federation, a document confirming the right of the legal entity to service at the bank is submitted to the bank. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.10. To open a correspondent account of a credit organization established in accordance with the legislation of the Russian Federation, the documents provided for in subparagraphs “c” and “d” of paragraph 4.1 of this Instruction are submitted to the Bank of Russia. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

To open a correspondent account of a credit organization established in accordance with the legislation of the Russian Federation, the credit organization must submit, along with the documents specified in paragraph 4.1 of this Instruction, confirmation of the approval by the Bank of Russia of persons appointed to positions (assigned responsibilities) in accordance with the legislation of the Russian Federation. Federation is subject to agreement with the Bank of Russia, when indicating these persons on the card.

4.11. To open a correspondent sub-account for a branch of a credit institution established in accordance with the legislation of the Russian Federation, the credit institution is presented, in cases established by regulations of the Bank of Russia, along with the documents specified in paragraph 4.3 of this Instruction, a message about entering information about the opening of a branch in the Book state registration of credit institutions and assignment of a serial number, as well as confirmation of the approval by the Bank of Russia of persons whose appointment to positions (assignment of responsibilities) in accordance with the legislation of the Russian Federation is subject to agreement with the Bank of Russia, when indicating these persons on the card.

To open a correspondent sub-account, a branch of a credit institution established in accordance with the legislation of the Russian Federation shall submit to the Bank of Russia the documents provided for in subparagraphs “c” and “d” of paragraph 4.1 of this Instruction. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.12. To open a correspondent account in foreign currency or a special bank account for the Bank of Russia, a card (except for the cases provided for in paragraph 1.12 of this Instruction) or an album is presented to the credit institution. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.13. To open accounts for the trustee for operations related to trust management (trust management accounts), the following must be submitted to the bank:

a) documents specified in these Instructions for opening an account for the relevant client; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) the 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, taking into account the requirements of the legislation of the Russian Federation.

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

When opening a nominal account or escrow account, the bank must have information about the beneficiary and the basis for his participation in the relationship under the agreement of the nominal account or escrow account. The bank must have information about the pledge holder of the pledge account. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The procedure for recording this information is determined by the bank independently in its banking rules.

To open, in cases provided for by the legislation of the Russian Federation on insolvency (bankruptcy), a debtor's account, as well as to use the debtor's account, the bankruptcy trustee presents an identification document, a copy of the judicial act approving the bankruptcy trustee in the insolvency (bankruptcy) case, a card (for except for the cases provided for in paragraph 1.12 of these Instructions). (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The financial manager, to open an account for a citizen or individual entrepreneur declared insolvent (bankrupt), as well as to dispose of funds placed in the accounts and deposits of these persons, submits an identification document, a copy of the judicial act approving the financial manager to participate in the implementation procedure citizen’s property, card (except for the cases provided for in paragraph 1.12 of these Instructions). (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

4.15. The State Corporation "Deposit Insurance Agency" (hereinafter referred to as the Agency), in order to open, in cases provided for by the legislation of the Russian Federation, an account of an insurance organization declared bankrupt in foreign currency, submits to the credit institution: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

a) a copy of the decision arbitration court on declaring an insurance organization bankrupt and opening bankruptcy proceedings; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) a copy of the Agency’s order on the appointment of a representative (representatives) of the Agency to exercise the powers of the bankruptcy trustee of the insurance organization; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

c) documents provided for in subparagraphs “c” and “d” of paragraph 4.1 of these Instructions. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

Chapter 5. Opening accounts for deposits

5.1. To open an account for a deposit with a bank for an individual - a citizen of the Russian Federation:

a) an identity document of an individual;

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

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

5.2. To open a deposit account, an individual - a foreign citizen or stateless person - must be provided with the documents specified in paragraph 5.1 of these Instructions, as well as a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation , if their availability is provided for by the legislation of the Russian Federation.

5.3. The opening of a deposit account for a legal entity created in accordance with the legislation of the Russian Federation is carried out if the bank, in accordance with paragraph 1.2 of this Instruction, has information about the state registration of the legal entity, as well as information about registration with the tax authority. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

5.4. To open a deposit account for a legal entity created in accordance with the legislation of a foreign state and located outside the territory of the Russian Federation, documents are submitted to the bank confirming the legal status of this legal entity under the legislation of the country on the territory of which this legal entity was created, in particular , documents confirming its state registration, and in cases provided for by the legislation of the Russian Federation, also a certificate of registration with the tax authority. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

5.5. To open a deposit account for an individual entrepreneur, a document certifying the identity of the individual must be submitted to the bank. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

5.5.1. To open a bank deposit account for an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the following must be submitted: (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

a) an identity document of an individual; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

b) certificate of registration with the tax authority. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The notary additionally submits a document confirming the granting of powers to the 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. The lawyer additionally submits a document certifying the lawyer’s registration in the register of lawyers, as well as a document confirming the establishment of a lawyer’s office. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

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, in addition to the documents specified in paragraphs 5.5 and 5.5.1 of these Instructions, respectively, a migration card and (or) a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, if their availability is provided for by the legislation of the Russian Federation. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

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 of the judicial body for which the account is opened;

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

6.2. To open a deposit account for the bailiff service departments, the following must be submitted to the bank:

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

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

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

6.3. To open a deposit account for law enforcement agencies, the following must be submitted to the bank:

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

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

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

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

a) an identity document of an individual;

b) card (except for the cases provided for in paragraph 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 sample signatures and seal impressions

7.1. The card is presented by the client to the bank in the cases provided for in these Instructions, along with other documents necessary for opening an account.

The card can be issued in form N 0401026 according to OKUD (All-Russian Classifier of 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 of this Instruction.

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

7.3. The bank produces the number of copies of the card required for use in work. The use of card copies obtained using duplicating equipment is permitted provided that the copying is made without distortion.

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

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

When the bank services several client accounts and provided that the list of persons authorized to sign is identical, 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 cases and in the manner provided for in banking rules, the bank is allowed to 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. In this case, it must be possible to reproduce, without distortion, a copy of the card obtained using scanning devices on paper.

7.4. Card forms are prepared by clients and the 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 authorized to sign, as well as in the field "Account N" in the case provided for in paragraph 7.3 of these Instructions.

When making a card, it is allowed to indicate interlinearly the translation of the fields of the card in the languages ​​of the peoples of the Russian Federation, as well as in foreign languages.

The "Sample of seal impression" field should provide for the possibility of affixing a seal impression without going beyond the boundaries of this field.

7.5. The card indicates the person(s) vested with the right to sign. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

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

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

Paragraph four. - Lost power. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

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

The right to sign may belong only to employees (employees) of the client - a legal entity, with the exception of cases established by paragraphs nine to eleven of this paragraph.

The head of a separate division of a client - a legal entity, if he has the appropriate powers, has the right, by his administrative act or on the basis of a power of attorney, to grant the right of signature to employees (employees) of this separate division.

The management of funds located in accounts of a credit organization opened with the Bank of Russia, in accordance with Article 11.1 of the Federal Law “On Banks and Banking Activities,” can only be entrusted to persons approved in accordance with the procedure established by parts six to eight of this article.

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

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

The sole executive body of the management organization may act as a person authorized to sign.

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

Possible combinations of handwritten signatures of persons authorized to sign, necessary for signing documents containing the client’s order, are determined by 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 on the card as a person authorized to sign, provided that other persons have the right to sign.

7.7. To issue a card, only documents confirming the status of the persons indicated on the card are submitted to the embassy or consulate. If an international treaty ratified in accordance with the procedure established by the legislation of the Russian Federation provides for the right of an embassy or consulate official to certify the authenticity of 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 of the seal imprinted by the client on the card must correspond to the seal that the client has.

The temporary administration for managing a credit organization has the right to affix a seal made in accordance with the legislation of the Russian Federation, which determines the procedure for the activities of the temporary administration for managing a credit organization. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

The bankruptcy trustee (liquidator), external manager has the right to affix the seal used by him in the implementation of bankruptcy proceedings (liquidation), external management. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

7.9. The authenticity of handwritten signatures of persons authorized to sign may be certified by a notary. The bank accepts a card in which the authenticity of the signatures of all persons authorized 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 identities of the persons indicated on the card on the basis of the submitted identification documents.

7.10.2. The authorized person establishes the powers of the persons indicated in the card based on the study of the client’s constituent documents, as well as documents conferring the corresponding powers on the person.

7.10.3. The persons indicated on the card, in the presence of an authorized person, affix their handwritten signatures in the appropriate field of the card. Blank lines are marked with dashes.

7.10.4. The authorized person, in confirmation of the signatures of the persons indicated on the card in his presence, fills out the field “Place for a certification inscription attesting the authenticity of signatures” on the card in the bank premises in the manner prescribed by clause 2.9 of Appendix 2 to these Instructions.

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

In case of replacement or addition of at least one signature and (or) replacement (loss) or termination of use of the seal, the imprint of which is affixed to the card, change of the surname, name, patronymic of the person indicated in the card, in cases of change of the name, legal form of the client - legal entity or in the event of early termination (suspension) of the powers of the client’s management bodies in accordance with the legislation of the Russian Federation, the client submits a new card. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

Submission of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the authority of the persons indicated on the card to dispose of funds in the account, as well as documents identifying the person(s) authorized to sign. The bank does not have the right to accept a new card without submitting the specified documents, except in cases where the specified documents were submitted to the bank earlier and the bank already has them.

7.12. The bank has the right, at the written request of the client, to make changes to the fields “Location (place of residence)”, “tel. N” of the card.

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

Cases when it is allowed to make changes to the fields “Location (place of residence)”, “tel. N”, “Bank”, “Bank mark”, “Account N”, “Term of office”, “Cash checks issued” of the card are determined bank in banking rules.

The Bank has the right to make corrections to the fields of the card, issued in the manner established by clause 7.10 of these Instructions, when filling out 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, the text is crossed out with a thin line so that what has been crossed out can be read.

7.13. If the right to sign is granted temporarily to persons not indicated on the card, as well as in the case of temporary use of an additional seal, temporary cards issued in the manner prescribed by these Instructions are provided with the card. In this case, the “Temporary” mark is placed in the upper right corner on the front side of the card.

7.14. The front and back sides of the card are filled out in the manner prescribed by Appendix 2 to these Instructions.

7.15. For 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 or 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 clause 5.2

8.2. After termination of the bank account agreement, incoming and outgoing transactions on the client’s account are not carried out, with the exception of the operations provided for in clause 8.3 of these Instructions. Funds received by the client after termination of the bank account agreement are returned to the sender.

8.3. After termination of the bank account agreement before the expiration of seven days after receiving the corresponding written application from the client, the bank issues the remaining 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 in 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, the bank to the client notice of termination of the bank account agreement or the bank fails to receive the client’s instructions to transfer the amount within the specified period balance of funds to another account, the bank is obliged, in accordance with paragraph two of paragraph 3 of Article 859 of the Civil Code of the Russian Federation, to credit funds to a special account with the Bank of Russia, opened in accordance with the Directive of the Bank of Russia dated July 15, 2013 N 3026-U “On a special account with the Bank of Russia", registered by the Ministry of Justice of the Russian Federation on August 16, 2013 N 29423 ("Bulletin of the Bank of Russia" dated August 28, 2013 N 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 check books with remaining unused cash checks and stubs in the manner established by the legislation of the Russian Federation.

8.5. If there are no funds in the bank account, a record of the closure of the corresponding personal account is made in the Register of Open Accounts no later than the business day following the day of termination of the bank account agreement, unless otherwise established 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 the entry of the closure of the corresponding personal account into the Register of Open Accounts.

If there are funds in 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 Open Account Registration Book no later than the business day following the day the funds are written off from the bank account.

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

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

8.6. To close the debtor's bank account during bankruptcy proceedings, during the sale of the property of a citizen, including an individual entrepreneur declared insolvent (bankrupt), the bankruptcy trustee (financial manager) presents an identification document, a copy of the judicial act approving the bankruptcy trustee in the case of insolvency (bankruptcy) (on the approval of a financial manager to participate in the procedure for the sale of a citizen’s property), a written application for closing a bank account indicating the details of the bank account to which the balance of funds in the account is to be transferred, the details of the recipient’s bank. If an order to transfer the balance of funds in a bank account is drawn up and signed by the bank, the card is not presented to the bank. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

8.7. Upon termination of the nominal account agreement, the bank transfers the balance of funds by payment order to another nominal account of the client - the account owner or gives cash to the beneficiary or (unless otherwise provided by law or the nominal account agreement or does not follow from the essence of the relationship) transfers by payment order according to indicating the beneficiary to another account.

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

Chapter 9. Closing a deposit account, deposit account

9.1. The basis for closing a deposit account is the termination of the 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 Open Accounts Registration Book is made by the bank on the day the deposit account balance becomes zero, unless otherwise established by the deposit agreement.

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

Chapter 10. Legal matter

10.1. A legal file 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 client 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 contacts 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) identifying 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 affairs of clients, on behalf of and on whose behalf one representative acts, are determined by the bank in the banking rules.

10.2. The legal file includes:

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

agreement (agreements) of a bank account, deposit (deposit), amendments and additions to the specified agreement (said agreements), other agreements defining the relationship between the bank and the client for opening, maintaining and closing an account;

documents relating to the bank sending messages to the tax authority about opening (closing) an account;

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

expired cards;

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

Cards presented and used when servicing clients are subject to storage in a place determined by the bank independently.

10.3. When withdrawing (seizure) of a document (its copy) in cases established by the legislation of the Russian Federation, on the basis of a decision (resolution) of a state body, the documents received by the bank during the withdrawal (seizure) of the document (its copy) are placed in the legal file.

When drawing up one document during the withdrawal (seizure) of documents from several legal files, the document (its copy) received by the bank during the withdrawal (seizure) of documents is placed in one of the legal files; copies of the specified document certified by the bank are placed in other legal files.

When withdrawing (removing) a document (its copy) from a legal file, the bank is obliged to take all necessary and possible measures under the current circumstances to place in the legal file a copy of the seized document, certified in the manner established by paragraph 1.11 of these Instructions.

10.4. The bank is obliged to prevent unauthorized access to clients' legal files during their storage.

10.5. In the event of termination of service to a client in one division of the bank and his transfer for servicing to another division of the bank, the legal matter may be transferred from one division of the bank to another in the manner established by banking rules.

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

The storage period for documents (copies thereof) in electronic form relating to the relationship between the bank and the client on issues of opening, maintaining and closing an account must be no less than the storage period for the corresponding 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 the distribution of competence in the field of opening and closing accounts among the structural divisions of a credit institution, including the procedure for maintaining and storing the Open Account Registration Book;

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

on the procedure for the credit institution to prepare documents used when opening and closing accounts, as well as the procedure for the credit institution to produce and certify copies of documents submitted by the client;

on the rules of document flow from the moment of receiving documents from the client (his representative) until the moment the client is informed of the account number;

on the organization of work on preparing and sending messages to the tax authority about opening or closing an account, about changing account details;

on procedures for accepting documents for opening accounts, including the procedure for documenting information on state registration of individual entrepreneurs, legal entities registered in accordance with the legislation of the Russian Federation (except for state authorities and local governments), on accreditation of branches (representative offices) of foreign legal entities, as well as documenting information about registration with the tax authority of these persons and foreign non-profit non-governmental organizations operating in the territory of the Russian Federation through branches; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

about the form and procedure for issuing the card;

on the procedure for obtaining and processing 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 clients about their account details;

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

about the cases and procedure for forming one legal case on several client accounts;

on the procedure for access to clients’ legal files;

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

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

on the procedure for recording information on the agreement to engage a bank payment agent (bank payment subagent), on the agreement on the implementation of 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, and about the pledgee of the collateral account. (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

Banking rules may include other provisions relating to the opening and closing of accounts and the procedures involved in opening and closing accounts.

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

11.3. In order to organize work on opening and closing accounts, divisions of the Bank of Russia have the right to adopt internal documents containing the provisions specified in clause 11.1 of this Instruction, in compliance with the requirements established by clause 11.2 of this Instruction.

Chapter 12. Final provisions

12.1. This Instruction is subject to publication in the "Bulletin of the Bank of Russia" and comes into force on July 1, 2014.

12.2. Re-issuance of cards accepted by the bank before the entry into force of this Instruction is not required. In this case, documents containing the client’s order are signed by a person with the right of first signature and a person with the right of second signature (if available on 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 “Sample signature” opposite the field “Second signature” of such cards cannot be filled out.

12.3. Internal documents valid on the date of entry into force of this Instruction must be brought into compliance 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, the following shall be declared invalid:

PROCEDURE FOR COMPLETING THE CARD WITH SAMPLE SIGNATURES AND SEAL IMPRESSIONS

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

1.1. In the "Customer (account holder)" field:

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 or representative office, the full name of the legal entity is indicated in accordance with its constituent documents and after the comma - the full name of the separate division in accordance with the regulations on the separate division approved by the legal entity;

the client - an individual indicates his full last name, first name, patronymic (if any), date of birth;

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

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

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

the client - a legal entity indicates the address at which communication with the person performing the functions of the sole executive body of the legal entity is carried out. The client is an individual, individual entrepreneur, indicates the address of the place of residence (registration) or place of stay; (as amended by Directive of the Central Bank of the Russian Federation dated November 14, 2016 N 4189-U)

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

1.3. In the "tel. N" field, the client indicates a telephone number. It is acceptable to indicate several customer phone numbers.

1.4. In the "Bank" field, indicate the full corporate name or abbreviated corporate 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 the account has been assigned the corresponding number 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 Open Account Registration Book is granted by the bank’s administrative 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 about the provision of temporary cards, the period of time during which they are valid, the 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 back of the card are filled in in the following order.

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

the 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 regulations on the branch, representative office approved by the legal entity. If there is no abbreviated name, the full name of the client - legal entity (branch, representative office) is indicated;

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

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

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

Filling out 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, as provided for in the agreement between the bank and the client.

2.2. In the “Account N” field, after making an entry about the opening of an account for a client in the Open Accounts Registration Book, the chief accountant, his deputy or another person who is granted the right to make an entry about the opening of an account for a client in the Open Accounts Registration Book, enters 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 authorized to sign are indicated.

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

2.5. The "Term of office" field is intended to control the term of office of persons authorized to sign, established on the basis of constituent documents, an administrative act of the client or a power of attorney issued by him. The cases and procedure for filling out the “Term of Office” field by the bank are determined by the bank in the banking rules.

2.6. In the "Date of completion" field, the client indicates the day, month and year of issuing the card.

2.7. In the field "Signature of the client (account owner)" the following is entered:

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

handwritten signature of the manager (sole executive body of the management organization) if the powers of the client’s sole executive body are transferred in the manner established by the legislation of the Russian Federation to the manager (management 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 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 field “Sample of seal imprint”, clients - legal entities, individual entrepreneurs, individuals engaged in private practice in accordance with the legislation of the Russian Federation, have the right to put down a sample of the seal imprint that they will use. (as amended by the Directives of the Central Bank of the Russian Federation)

2.9. In the field “Place for a certification inscription attesting 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 a handwritten signature with the seal (stamp) of the bank attached, determined for these purposes by the bank's administrative act.

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 clients. The field “Cash checks issued” can be issued in the form of a separate sheet (sheets) attached to the card.

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

On July 1, 2014, the Bank of Russia Instruction dated May 30, 2014 came into force.?153-I?On opening and closing bank accounts, deposit accounts, deposit accounts?In addition, by this time a number of changes to general civil legislation concerning the procedure for maintaining bank accounts had also been adopted. In this regard, the Agency?VEP? a number of events were held.

Open webinars for banks according to the requirements of Instruction 153-I

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

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

The new requirements are also reflected in the program “Large Bank Tests”. Have courses been developed for banking specialists? ?Opening and closing bank accounts, deposit accounts, deposit accounts? and “Drawing up a card of sample signatures and seal impressions?”, which reflect in a convenient and accessible form all the main points relating to this topic, with a special emphasis on the latest changes in legislation. The tests aimed at testing the knowledge of specialists regarding opening and closing bank accounts have also changed. Are they the ones that allow us to assess the level of knowledge and degree of training of banking specialists? to work under 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 new requirements of the Bank of Russia, namely? the need to develop, by October 1, 2014, internal 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 the Bank of Russia Instruction? 153-I, but also other regulatory documents that have come into force Lately. This is, first of all, the Federal Law of June 28, 2014 ?173-FZ?On the peculiarities of financial transactions with foreign citizens and legal entities..?, as well as amendments to the Civil Code of the Russian Federation and the Federal Law of 08/07/2001? 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism."

What do we offer? The procedure for opening and closing bank accounts for clients? legal entities, individual entrepreneurs and individuals engaged in private practice? and?Regulations for registration and certification of cards with sample signatures and seal impressions? 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, significantly simplifying work and reducing the time for developing a regulatory framework. These documents are presented in another Agency product? VEP? - “Large banking library?”


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