1. Subject of the contract. burning position
1.1. According to this agreement, the Bank is required to accept and secure the depositors for the account, instruct the Client, the funds, to order the Client's orders for the repayment and the payee of the principal sums for the account and to carry out other operations for the account.
1.2. The Bank has the right to win over the cash balance, guaranteeing the Client's right to freely dispose of these funds.
1.3. The Bank does not have the right to appoint and control directly the choice of the Client's assets and establish other rights that are not transferred by the law of exchange and the right to dispose of a penny on the authorities' court.
1.4. The bank of goiters is vydkriti rahunok (designate the type of rahunka) To the client on the offensive minds: no more "rock".
2. Condemnation of the right to order a penny, which is on the rahunka
2.1. The rights of osіb, zdіysnyuyut vіdіnі the name of the Client, ordering about the repayment of that type of money from the rakhunka, zavіdchuuyutsya by the Client on the way to the Bank of the coming documents, forwarded by law, banking rules and this agreement: .
2.2. The Client has the right to issue orders to the Bank about the debiting of expenses from the rahunka for the benefit of third parties, the zocrema tied to the vicons by the Client of his goiter in front of these persons. The bank accepts the order for the purpose of arranging in them the written form of the necessary data, which allows, upon presentation of the identifiable person, to be able to identify the person, as I may have the right to this presentation.
2.3. According to this agreement, it is allowed to assign the rights of order in penny sums, which are electronically secured by payment of other documents with multiple analogues of a handwritten signature, codes, passwords and other documents, which are confirmed, that the order is given special approval.
3. Bonds to the Bank
The goiter bank is:
3.1. zdіysnyuvat for the Client operations, transferring for rahunkіv tse view by law, vstanovleny vіdpovіdno to the new banking rules and zastosovuvannymi in banking practice zvichayami business turnover;
3.2. to secure pennies, which were placed on the Client's account, no later than the day following the day of arrival of the valid payment document to the bank;
3.3. according to the order of the Client, it is necessary to see or repurchase the Client's money from the account of the Client no later than the day following the date of arrival of the valid payment document to the bank, as other lines are not transferred by law, and apparently by the new banking rules.
4. Lending to the rahunka
4.1. Depending on the agreement, the Bank may make payments for the bank account, regardless of the amount of money, in order to credit the bank account. In this case, the Bank is respected in such a way that it has given the Client a loan for a certain amount until the day such payment is made.
4.2. The rights and obligations of the parties related to lending accounts are governed by the rules on position and credit (Chapter 42 of the Civil Code of the Russian Federation).
5. Payment of fees to the Bank for the implementation of operations for the account
5.1. The client pays services to the Bank for zdijsnennya operations from a penny, which is for a rahunka, in such a size: .
5.2. Payment for services to the Bank, transferred by clause 5.1.
be contracted by the Bank after the completion of the skin quarter with the client's money, which is on the rahunka.
6. Vіdsotki for koristuvannya Bank penny Koshta, scho to be on the rahunka
6.1. For koristuvannya with coins, which are on the Client's account, the Bank pays hundreds of dollars, the sum of which is secured on the account.
6.2. The amount of money will be secured for the account after the end of the calendar month.
6.3. Amounts paid by the Bank for the following amount: .
7. Zalіk zustrіchnyh vymog Bank and Client for rahunka
7.1. Pennies help the Bank to the Client, connected with crediting the bank account and payment of services to the bank, as well as help the Client to the Bank to pay a sum of money for the fee, the pennies are paid by the bank.
7.2. The appointment room could be set up by the Bank. Bank of goiter to inform the Client about the execution of the deposit in order and in the following terms: .
8. Submit write-off of koshtіv from rahunka
8.1. The write-off of expenses for the account is charged by the Bank depending on the order of the Client.
8.2. Without the order of the Client, write-offs of expenses, which are on the account, are allowed for the decisions of the court, in cases established by law, social and offensive cases: .
8.3. For the presence on the account of the expenses, the amount of which is sufficient for the satisfaction of all of them, presented to the account, the write-off of these expenses from the account is due in order of the order of the order of the order of the Client and other documents for the write-off (calendar charge).
8.4. In case of insufficiency of koshtіv on the rahunka, the satisfaction of all presentations could be written off the koshtіv to be carried out at the offensive chervostі:
Nasampered - written off for vikonavchimi documents, so that they transfer the money or see the koshtіv from the rakhunka for the satisfaction of being able to blow the shkodi, zapodіyanoї life and health, and also could be able to tighten the alimentіv;
At a friend’s place - write-offs for vikonavchi documents, which are repaid or paid for expenses for rozrakhunkivs for payment of additional assistance and payment for work with persons who work for an employment contract, including for a contract, for payment of a winery for an author's agreement;
At the third line - write-offs for payment documents, which transfer payments to the budget, that is the position of the budget funds;
At the fourth line - written off for the wikonavchi documents, which transfer the satisfaction of other penny riches;
At the end of the line - write-offs are carried out for other payment documents in the order of the calendar line.
Written-off koshtіv z rahunka for wimogi, scho to lie down to one line, to see through the order of the calendar chervostі nekhodzhennya dokumentіv.
9. Reimbursement to the bank for the delay in insurance and non-primed write-offs of pennies
9.1. The time of the non -freedom Zarakhovanni on Rahunovki Koshtiv, the Kliynta, the subtamine with the bank of the zobovi owing for the Klita Zarakhuvati Sumu on the rachunok 399, the same, the same, the same, the same, the same, the same.
9.2. The Bank guarantees the confidentiality of bank account, account transactions and statements about the Client.
9.3. Information about operations and rahunki can be given only to the Client himself or to his representatives, and to other persons, including the sovereign bodies of those landowners, - including those who are in order and in order, transferred by law.
9.4. At the time of the announcement by the Bank of statements to establish banking secrecy, the Client may have the right to sue the Bank for a full blown charge, and for violations, transferred by law, also compensation for moral damage.
10. Final provisions
10.1. The exchange of the rights of the Client for orders with penny kosh, which are placed on a rahunka, is not allowed, for a guilty plea, the imposition of an arrest on a rahunok for decisions of the court, or the suspension of operations for a rahunka in the cases, peredbachennyh law.
10.2. This agreement is being negotiated for the Client's application at any time.
10.3. The Bank has the right to exercise the right to terminate this agreement with the following:
If the sum of penny koshtіv, which is saved for the Client's rahunka, will appear lower in the offensive sum: rubles and even such a sum will not be inspired by the stretch of a month from the day ahead of the Client;
For the duration of the operations from the first rahunka stretched out to the rock.
10.4. The surplus of money on the account is seen by the Client, otherwise, for this reason, it will be repaid for another account no later than this day after the removal of the Client’s written statement.
10.5. Rozirvannya tsgogo agreement є pіdstavoy for zakrittya rahunka Client.
10.6. This agreement is stored in the primirniki and is gaining rank from the yogo signed by the parties to the agreement.
11. REQUISITES AND SIGNATURES OF THE PARTIES
Bank
- Legal addresses:
- Postal address:
- Phone fax:
- IPN/KPP:
- Rosrahunkovy rahunok:
- Bank:
- Correspondent rahunok:
- BIK:
- Signature:
Client
- Legal addresses:
- Postal address:
- Phone fax:
- IPN/KPP:
- Rosrahunkovy rahunok:
- Bank:
- Correspondent rahunok:
- BIK:
- Signature:
Vіdkrittya rahunka. The bank lays down a bank agreement with a client, who has come up with such a proposition, on the minds, deafened by the bank for the same mind. Tsі umovi vyvinnі vypovіdati vіmogam zakonіv i bankіvskim rules.
Under the bank agreement (both in rubles and in foreign currencies) the bank:
· goiter is to accept and zarakhovuvati on rahunok, vodkritiy klientu, koshti, scho to come to yogo melancholy;
· goiter is required to follow the order of the client about the repayment and to see the sums of money for the account and to carry out other operations for the account;
· you can win money on the rahunka, at the same time guaranteeing the client the opportunity to freely order the coins that are on the rahunka;
· there is no right to appoint and control directly by the client the pennies, which are on the yogo account, to establish, otherwise, by the law and the agreement on the exchange of yogo, the right to order by the authorities on the authority of the court (crime of the order of the accounts of the budget in different rіvnіv, normative regimes have been established).
In fact, there are typical forms of contracts of a bank account, call for revenge on the main vimogi to contracts of this kind. The bank may, at the discretion of the client, add to the mind or change the standard agreement. In addition, the parties shall put down (at the letter form) addendums, which are considered as invisible parts of the main contract.
The client specifies at the contract its own name in accordance with the setting documents. Abbreviated abbreviation can be vikoristan only after inserting a new name.
Contract includes:
– Preamble to the treaty
– Order
– Rights and obligations to the bank- One of the most important points in the contract is the mind about the lines of the operations carried out for the rachunk. Vіdpovіdno to st. 849 of the Civil Code of the Russian Federation, the bank's claims must be seen or repaid from the bank account of the client's pennies no later than the day following the date of arrival of the valid payment document to the bank, as other terms are not transferred by law, as seen by the bank rules and the contract.
– Rights and obligations of the client
– Other mind– divided into the contract “Your mind” at the discretion of the parties, there may be extensions dodatkovo favor of the parties.
– Dodatkovі please before the contract
The agreement is signed by the parties after the bank has accepted all the necessary documents for issuing the document and collects the formalities from the date of its signing (as the agreement itself does not include a different term). The correctness of the package of documents submitted by the client is checked by the bank on the basis of the norms of legislation and could help the Central Bank.
Rahunok to the client is submitted on the basis of a legal letter to the bank on the application of the client.
Contract of a bank account (with a credit for budget accounts):
· It is concluded, as a rule, by a term for the first time from the moment of the start of ceremoniality and is automatically extended to the next term, since after the end of the term, the other side did not announce the new term;
· it can be broken at the request of the client at any hour, and for the sake of the bank - the court order at the time:
If the sum for the account is lower for the minimum amount, transferred by banking rules or by agreement, and it is not confirmed by the stretching of the month from the day of the written transfer to the bank about it;
For the duration of the operation from the client’s account, it will be extended to the fate, as it is not otherwise transferred by the contract.
The bank, according to the client, establishes the minimum amount of excess cash on the bank account (for the credit of budgetary accounts), and also determines the term, after which, in case of different daily operations, the bank can demand in the court order to open the agreement on the bank account. Substantiated by the agreement of the bank account, they can be stricken with a goiter, transferred to Chapter 26 of the DC.
Rosіrvannya agreement bankіvskogo rahunka є pіdstavoy zakrittya rahunka client.
Notification by the bank of the tax inspection about the return of the account to the client . If the bank informs the client of any kind of rahunka, it will be negligently stretched out for 5 working days to overpower the taxable body, which, having seen the client’s finalization about setting it up, or proving the acceptance of yogo namiru’s rahunok, podomlennya about vіdkrittya rahunka.
Registration of a rahunka for changing the legal status of the organization. When changing the legal status of a legal entity, or at the link with the її reorganization (angry, admission, rozpodіl, seen, reorganized), the client is shown a new account. At which bank a new package of documents is submitted, necessary to confirm the type of account.
Formation of a package of documents for the hour of the client’s confirmation of the number of views of the accounts.
Liability to the bank for violating the rules for the conduct of rozrahunkovo-payment transactions . At the vipads of the non -freedom Zarakhvannya on the Klihta Groshi Rahuki, they were over the yogo address, an incorrect write -off by the bank of the Rakhunka, and such an innocent of the Kliynta about the outbreak of the abstract of the kobin io -liable for the pico znakhodzhennya client on the day of vykonannya penny goiter of the rate of the bank vіdsotka (or the yogo vіdpovіdnoї part) for the skin day of the stitching, which is not otherwise established by law or by the contract. Rozmіr vіdpovіdalnosti bank for damaging his goiter is restored for the good of the parties.
Opening the agreement and closing the bank account . The agreement of the bank account may be opened and the bank closes the account of a legal entity for the benefit of the client - at any hour, and at its own initiative - on the basis of a court decision.
In the event of an appeal to the court with a call for the settlement of a bank account agreement, the bank, as a positive cry, to the sovereign mito, to establish 20 legislators of the established minimum allowances for payment of labor.
The excess of money on the account, which is closed, is visible to the client or to the offender, or for the same reason, to be transferred to another account (to another bank) no later than 7 days after the withdrawal of the client’s letter of application. At the time of the offender’s appointments, the extra charge after the decision of the court, according to the strict rules, is secured for the special account of the account “Other debtors and creditors”.
The key function of the financial institutions is the unprepared rozrahunka. It is impossible to overestimate the importance of this operation, the bank system's shards have a modern look, well, for this purpose, it was formed, to secure the security of that reliable money. The agreement on the banking regulation and the regulation of the legislation will ensure that the regulation of mutual frosts is properly regulated.
The essence of law
Banks and financial institutions are established as intermediaries of their own kind between executives and holders of payments, for example:
- ruling subjects;
- the chiefs of goods and services and their caregivers;
- tax payers and fiscal authorities;
- participants of post-contract civil law.
In this way, a non-prepared bank account is a tool for arranging and write-offs of funds, conducting and arranging rozrakhunkiv, zocrema - credit and deposit operations.
The agreement of such a plan is to be agreed upon before the arrival, the shards of your mind are installed by the financial regulations of the standard agreement. Vіn mozhe buti stowage is more than a way for the client to come to the minds of the minds of the smokers. You can't promptly edit to the text of the document, or to the last eight paragraphs. If the favor of “like є” її is not in power, it is less likely to be forced to follow the rules of the establishment and turn to another.
The agreement is bilateral, the bank notes and the bank, and the client is given mutual bindings. Meta - organization of rozrachunkovy operations of the client.
The contribution of that rahunok: why is it different?
The agreement of a bank deposit and the agreement of a bank account cannot be swindled. The stench vibrates for a low sign.
- The first one means the transfer of the exchanged sum from the bank to the bank of assignments of the term. Another conveys the possibility of the client, if you want to zarahuvati and take the sum for the ruling court, right up to the resetting of the account.
- The increase in income received by the client from the placement of funds under the agreement of a non-prepared account, for the deposit, is purely symbolic.
- Making out the first client does not pay for the service of the apartment.
- The agreement of the bank deposit is real, on the vіdmіnu vіd the agreement rahunka. For this arrangement, the client is responsible for raising the necessary sum of pennies. If you know all the costs at once, then the agreement is entered into, and the deposit is closed.
- The agreement on the contribution is one-to-one goiter. The client of granting no rights: to pay the deposit and the overdue credits.
Please members
Sides please є:
- From one side - financially install. Ring out the sovereign commercial banks. Which role can be played by non-banking credit organizations. It's true, you can't take away a license to serve rahunkіv physical osіb, this can be done exclusively with legal ones.
- From the other side - clients (supporting banking services):
- juridical individuals of all forms of authority, rіznovidіv and organizational and legal forms;
- physical individuals: the bulk of the Russian Federation, foreigners and individuals without bulkiness, on legal bases, they change the bills of the Russian Federation.
Please, nature is such that offending parties are endowed with mutual rights and obligations. Ale, in the cities, there may be a third party, as there may be an increase in the time of the client's quarters at the disposal of the cats.
Pennies are the most liquid among all types of mine. Moreover, it is easier to reveal them. Therefore, if there is a question about the animal or about the praise of the court about the security, I will call, and the blow will cost us the pennies in front of us.
In this manner, the specialty of a bank deposit lies in the fact that the approved bodies of the sovereign power can actually act as a third party of legal authority, which they swear from the new, although they did not take part in the settlement of the contract. The primus frying house can be developed in two forms:
- operations;
- arrest koshtiv.
Item please
Іstotnі mind please mayut but uzgodzhenі parties. What is enough, so we can arrange an agreement in vvazhavsya. Among obov'azkovyh minds, one can see the following:
- The subject of please - operations with a penny, like the bank can goiter to carry out on the client's behalf. Tse:
- zarahuvannya unprepared retellings, what to come;
- tvіr mizhbankіvskih rozrahunkіv іz any structures;
- carrying out collection of pennies, rozrahunkovyh documents;
- cash service;
- saving and transferring to the preparation of bones.
- How the ordering bank accepts the following documents:
- checks;
- payment assistance and handover;
- letters of credit.
- Vartist services financial install. You can transfer commission for:
- serving a non-prepared rahunka;
- pererakhuvannya koshtіv on be-yakі rahunki, krіm podtkіv;
- taking pennies;
- acceptance of preparation to a bank account from the account of business or in case of physical conditions, with advance insurance on the account.
- Terms of service of the client, zocrema - processing of payment documents. As if there is not enough money for the rahunka, the instructions for writing off the money are not collected, but saved.
The peculiarity of the bank agreement is that, due to the appearance of orders, which are necessary, they are wound up in such a blackness:
- compensation for children's health and alimony;
- payment of external help;
- salary that is paid up to state funds of social insurance;
- pay for the decisions of the court;
- other orders.
- Financial sanctions that will be imposed to the participants in order to destroy their minds.
- procedure for opening the contract.
Other homeownership
Whether or not the supplementary provisions are obligatory for the parties, as long as it was made before the contract. For example, they are transferred, so dodatkovі think:
- the possibility of crediting for the lack of money for a salary and the price of such services;
- the right of the bank to write off pennies for the repayment of the client in front of him for other goiters;
- arrahuvannya financial regulation of the amount of money of the client.
Theoretically, whether you are smart, somehow, at the thought of one side, it is necessary to make it right, to become a sutta (clause 1, article 432 of the DC of the Russian Federation). True agreements of the bank account type. The financial regulations are reluctant to make any changes before it for a specific client.
Tsіkavo, that the term is not necessary mind please, you can be stringless.
Homeownership
Packing please beforehand carrying out folding negotiations. Tse zumovleno yoga suspіlnoyu nature. Financial regulations expand the types of minds for the skin type of rachunkiv, from such practices. The text of the contract, the rates, the payment for the credit / closing and the services of the rachunks are not only available for public access to the skin bank, but they are reminded of all the calls for additional advertising slander. That potential client is left with less to come to the proposition.
The DC of the Russian Federation could not avenge notarial recognition or state registration of this agreement. To this end, the legal norms of Article 161 of the DC of the Russian Federation are being expanded by it, the need to select a simple letter form for the sake of legal relations between themselves and the people of the community. Її destruction of the burden of indecision please. Want to say it is important. The service agreement for the folded and volume rahunka is small, but the homeownership for all the parameters is small.
There are two ways to draw up bank agreements with clients:
- traditional, which conveys to the special officer the confirmation of the rules and the signing of the right as a single document;
- writing - a way to exchange documents.
At the same time, the client submits an application, with a glance of public law, an offer, de vin:
- stverzhuє that knowledge of the minds of the right is suitable for them;
- ask for a copy of the original document, as well as a proper report of the originals and copies of the necessary documents.
The procedure for laying down the obov'yazkovo transfer of the need to remove the allowable letter from the manager of the file (departments) of the financial office is established on the client's application. Keruyuchiy, krіm іnshgo, looks over and reverifies the package of documents given by the applicant. Compliment means acceptance (acceptance) of the proposition of the applicant.
Submission of documents
Execution of bank agreements for the transfer of the necessary documents to the potential client.
For a legal entity, notarized by a body that produced the originals:
- two cards from the signatures of the representatives' confirmations;
- transcripts from the IDRYL, seen no earlier than one calendar month before the date of submission;
- declare a sufficient form of how to win the EDS or other analogs of a public signature, digital payment guarantees;
You also need copies of:
- registration certificate;
- the statute of other regulatory documents;
- certificate of admission to the appearance of the territorial body of the FNR;
- licenses or special permits, as if the stench can be brought to the rachunkiv, which are opened;
- documents confirming the renewal of practitioners assigned to the card with signatures, for example - the protocol of the high-profile meetings of participants in the TOV about the recognition of the director and the order about the entry of yoga to the plantation;
- statements to Rosstat about the assignment of codes;
- all the fillings of the passport sides and statements about the IPN of the signatory.
Individual application is given:
- cards of signatures, certified by a notary;
- copies of all the back pages of the passport, certificates of state registration, registrations from the USRIP, statements about the assignment of IPN.
A physical person submits a copy of:
- all completed sides of the passport;
- statements about the assignment of IPN.
Please please
Art. 859 "Razіvannya bankіvskogo rahunka agreement" established that the service can be fixed by the financial regulation unilaterally for one hour:
- vіdsutnіst ruhu koshіv protyag two rokіv;
- zero chi negative balance.
Legally, the favor is respected more than once, as the bank has notified the client in a letter about such a name, and the rest of the established rank did not react, and did not bring money to the account for two months from the moment of advance.
Please, please, you can be pinned to court order. We call at the right to enter the financial regulations, we give advice - the client.
A positive solution can be only wine, for example:
- the amount of money that is saved for rent is lower than the boundary limit set by the law, banking rules or by the agreement that is being opened;
- the client will be notified about the transfer of bank service interruption not less than the last calendar month before the day of the anniversary with a summons to the court, but without robbing a diy shodod overturning the cost;
- operations for the rachunka were a daily stretch of fate.
Number of coins are transferred to the client or to the approved representative as a preparation, or they are rescheduled for another bank account for the first investigation for a period of seven days from the moment the bank accepts the confirmation. Even so, it didn’t happen after two months of informing the client about the closing of the bank account, the financial institution refinanced the sum for the specialization of the bank account to the Bank of Russia.
The agreement of the bank account is opened at the request of the client in an unguarded manner. With too much money, the client can order it for the ruling court. Razіvannya service agreement rozrahukovskogo rahunka tyagne at home yogo zakrittya.
Sanctions to be imposed before the financial establishment
Trapplyaetsya and so, scho not the client, but the financial institution breaks the contract. Vidpovіdalnіst the bank of the minds' destruction pleases zagalnym and special provisions of the civil, state and administrative law.
Vіdpovіdno to zagalnih polozhen, be it a violation of the contract, the burden of financial sanctions, transferring Art. 393 of the Central Committee. Bank goiter to cover the counteragent's bribes, the reason for which was yogo illegal deeds and lack of deeds.
Damaged from the side of the financial institution can lie at the offensive:
- stitching accepting pennies for an unprepared rahunok, which was given to the client, which is being served;
- illegal write-off of coins;
- non-conforming order of the client about the transfer of pennies to another rahunok or see the preparation.
On the bank suddenly lie goiter to turn back the sum and pay hundreds of dollars in accordance with the procedure established by Art. 395 Central Committee of Ukraine.
Banking activity is carried out in a reasonable manner. Therefore, in times of obvious, rude mass violations of legislation and banking rules, the financial regulations have established a risk of licenses.
Agreement on banking settlement - for this reason, by virtue of the fact that the bank is going to goit, it is possible to accept and secure the depositors for the account, to pay the client (the accountant of the account), the cost, to follow the order of the client about the repayment, and to see the amount of money from the account and to carry out other operations for the Ukrainian bank ) .
The bank can win over the account of the money, guaranteeing the right of the client to freely dispose of these funds.
The Bank has no right to:
- designate and control directly win the client’s costs
- to install otherwise not peredbacheni by law and by agreement of the banking settlement of the obmezhennia of the right to order a penny on the ruling court.
These rules are also enforced before other credit organizations pid the hour of laying them down to the bank account agreement up to the last permit (licenses).
The essence and meaning of the agreement of the banking settlement
The agreement of the banking settlement is the central favor in the organization and formalization of the bank accounts legal osіb and individual subprinciples. Arrange for a banking rahunka, laid out by the bulky people, widened wide. A reviewed agreement - extensions of the fees for untrained payments, which are charged from the account of one individual for the account of the other, as well as the payment for the account of the preparation. There are cats on the bank account, which, in fact, not with the same speeches, but with the goiter's rights to win the bank. Tsim agreement on the bank account is being reviewed, for example, on a savings agreement.
More details
We hoped for the rozrahunkovy rahunok of the client, the penny bank is ordered by the greed of the client and of his will. At the same time, the bank has the right, as a bank deposit agreement, to win the client's money for its activities, paying, for the highest rule, vіdsotki and guaranteeing the client's right to freely dispose of these funds.
The bank of claims shall lay down an agreement on a bank account with a client, who has entered into a proposition to open accounts on the bank’s naked banks for the purpose of arranging accounts in a different kind of minds, according to the law publicity of this agreement. Banking rules signify and documents that are necessary for filing a bank account.
The exchange of the client's rights to order a penny, which is not allowed on the rahunka, krim
- Laying an arrest on koshti, scho to be on a rahunka, otherwise
- priuspinennya operations for rachunka in vipadki, peredbachenyh law.
Crime provisions of the Civil Code, vіdnosini, pov'yazanі z bankіvskiy rakhunkom, are regulated by the Law "On banks and banking activities". The following should also be taken to the respect of Decree to the Plenum of the Supreme Arbitration Court of the Russian Federation on April 19, 1999. N 5 "About the acts of feeding the practice of reviewing disputes, arranging for settlements, victories and arranging bank agreements" (VVAS RF. 1999. N 7).
For its legal nature agreement of the banking settlement:
- consensual (giving rise to civil rights and obedience from the reach of the parties please; the transmission of the speech of the other parties is coming;
- vіdpayny (sustrіchne nadannya vyglyadі pay);
- bilateral (causing goiter on both sides).
Subjects of the bank account agreement
Vymogi to the subject warehouse to the bank deposit agreement similar to the parties to the bank deposit agreement. Prior to the subject of the bank agreement, the following shall lie:
- bank, which has the right to grant a permit (license), seen in the order established by law, as well as
- other credit organizations, scho priymayut vіdpovіdno to the law contribution (deposit) vіd physical and juridical osіb;
- clients (whether they are legal individuals or bulky people).
Form of a bank account agreement
The form of the agreement of the banking settlement is subject to the formal rules of registration of the favors (sound, letters).
Іtotnoy umovoy contract bankіvskogo rahunka є yogo subject:
- Give the bank a deposit (acceptance) of cash on the client’s account and charge it to the remaining various types of banking operations: transfer of cash to another account, rozrahunkovo-cash services only.
Bank of goiter is to impose for the client all operations, transferred for bank account in the same way by the law, established by the previous banking rules and zastosovuvaniy in banking practice related to business turnover. The bank guarantees confidentiality of the banking account and bank deposit, account transactions and statements about the client.
Depending on the obligatory bank transactions that the client hopes for, bank accounts are divided into the following:
- rozrahunkovі,
- current
- special (budgetary, pozikovі toshcho).
Obov'yazki to the bank under the bank account agreement
- place an agreement on a bank account with a client, who has signed the proposition of opening accounts on the bank’s naked account for the purpose of arranging accounts of any mind (publicity of the agreement);
- accept and zarahovuvati the intercessors for the rahunok, vіdkriy to the client (the hairdresser of the rahunka), koshti;
- to order the client's order about the repayment of that cashier's account and other transactions for the account not later than the day following the day of arrival to the bank of a valid payment document, as the shortest term is not transferred by the bank account agreement.
Ordering the bank about writing off the money is given in letter form(for example, for the help of a payment order), which allows you to identify a person, for example, you have the right to such order. In the last hour of a wide expansion, the rights of disposing of penny sums, which are on the account, by electronic means of payment and other documents with multiple analogues of a handwritten signature, codes, passwords (for example, the "Internet-bank" system) are being collected.
Without ordering the client, write-offs of koshtiv, which are on the account, are allowed
- for the decisions of the court, as well as
- in cases established by law or transferred by agreement between the bank and the client.
Bonds of the client under the bank account agreement
- zasvіdchuvat rights osіb, yakі zdіysnyuyut vіd іnіnі іmenі kієnієnієnі prоrаhuvannya і vіdachu koshtіv z rahunku slyakhom podavlennya bank dokumentіnіh, predbachennyh statute, vstanovleny vіdpovіdno nоgo bankіvskimi rules ta bankіvskogo rahunku agreement.
About write-offs of koshtіv, є on a rahunka, without ordering a client diva. sheet of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 8
About the procedure for contracting by the creditor of extortion by the borrower sums, if the claim procedure is transferred by the contract, div. sheet of the Presidium of the Supreme Arbitration Court of the Russian Federation, dated 25 June 1996 N 6
The write-off of the costs from the client's account is determined by the order of the order of the rest. Prote for the insufficiency of the costs of the DC of the Russian Federation establishes the following (fullness) of write-offs to the suvor (art. 855). The callousness of the write-off was motivated by the improvement of the social significance of payments and the need to pay for the health of the population.
Submit the opening of the bank account agreement (Article 859 of the Central Committee of Ukraine):
- client's application, Zroblene at any time;
- decision of the court for the call to the bank in the case, if the amount of pennies that are saved for the client’s account, will appear lower than the one transferred by the banking rules or by the bank account agreement (as such, such an amount will not be supported by the extension of the bank’s advance established by law at the hour of the day);
- decision of the court for the call to the bank at times, if the operation for the client's account is within a day of the hour established by law, as otherwise not transferred by the contract.
The time for 2 Rocks Groshovikh Koshtiv on Rahuki Kliynta, the operations of the Rahuka Bank, having transmitted Klihta at the letter, not rejecting the Groshovikh on the Yogo Rakhunov, the right of the Vikononi Treaty of the Bank Rachu,
2.75
The agreement of the bank account is practically formalized, sound, in two ways: by folding and signing the agreement as a single document; without a document. Validity of the bank account agreement as a single document signed by the parties means the validity of the agreement. Submission by the client of a statement about the issuance of a rahunka is an offer, and a written letter of approval to the bank is an acceptance. Such an order may be given as a visual document, and the client's statement about the release of the account. At paragraph 1 of Art. 846 of the DC of the Russian Federation it is appointed that the account may be declared not only to the client, but to his appointment. Tse means that the agreement of a bank account can be laid both on the greed of the client, and on the greed of a third individual (Article 430 of the Central Committee). In clause 2 of the article, the rule about binding the bank to put the bank account agreement on the client's behalf, for a vinnyatk vpadkіv, peredbachenih by law or established by the old bank rules.
Legislation has standards that transfer obligations to the bank to advise the client on the settlement of the contract in the first instance. According to the agreement of the bank account, the bank is required to accept and secure the depositors for the account, to pay the client (the bank account manager) the cost, to order the clients about the repayment of the money and to carry out other operations from the account. The bank can win over cash, guaranteeing the right of the client to freely dispose of these funds.
The execution of the bank account agreement is concluded by way of folding and signing the agreement as a single document. The instructions of the Central Bank of the Russian Federation were issued. For the filing of a rozrahunka, in-line or budgetary account, you should submit the following documents to the bank: an application for a rachunka, a copy of the decision on the organization’s creation or an establishing agreement, a signature card and a signet card. Crimea, documents are submitted to the bank: about registration with a taxable authority, about registration as a payer of insurance payments on obov'yazkove medical insurance.
Yakshcho pripriєmets zdіysnyuє their activity without the establishment of a legal person, rozrahunkovy and other rahunki vіdkrivayutsya on yogo im'ya. The rahunok can also be used as a warning against the fury of the third individual. The right to be ordered by a legal entity of a physical person can be represented by a power of attorney.
Vlasnik rahunka and її the creditor has the right to include before the contract of death, giving a declaration about the direct write-off of the due sums. At the same time, the payer of the goiter needs to send a letter to the bank about what I think about my income on such a write-off.
At the contract on the rozrakhunkovo-cash service, the service is transferred to both parties for the non-conformity of taking wine from the goiter. For example, the bank claims for untimely chi incorrectly debiting money from the client's account and securing by the bank sums due to the client.
The client bears responsibility for the authenticity of the documents that are submitted for review and management of the operations of any person; for the recent cash forecast for the future quarter; violation of the terms of payment for services given by the bank; for non-refundable preparations, booked by the bank for a new one per day, appointments with the applicant, then.
The agreement fixes the amount of fines for skin damage from transferred injuries as from one side, and from the other side. At the contract, the order of resolution of disputes is transferred, the terms yoga di and especially chi dodatkovі mind.