Bank deposit in the civil code of the Russian Federation. Bank deposit in the civil code of the Russian Federation Deposit of the Civil Code of the Russian Federation article 834

Official text:

Article 834. Bank deposit agreement

1. Under a bank deposit agreement, one party (the bank) has accepted what has been received from the other party (depositor) or received for it sum of money(deposit), undertakes to return the deposit amount and pay interest on it under the conditions and in the manner provided for by the agreement.

2. A bank deposit agreement, in which the depositor is a citizen, is recognized as a public contract (Article 426).

3. The rules on the bank account agreement (Chapter 45) apply to the relationship between the bank and the depositor on the account into which the deposit is made, unless otherwise provided by the rules of this chapter or follows from the essence of the bank deposit agreement.

Legal entities do not have the right to list those in deposits cash to other persons.

4. The rules of this chapter relating to banks also apply to other credit institutions that accept, in accordance with the law, deposits from legal entities.

Lawyer's comment:

A deposit is cash in Russian currency or foreign currency(), placed in banks or credit institutions by legal entities or individuals. A bank deposit agreement, by its legal nature, is a type of loan agreement (), since funds are transferred by the depositor, who is a creditor, to the debtor bank. However, under the loan agreement, the borrower, after the transfer of funds to him, becomes their owner, whereas within the meaning of paragraph 1 of Art. 834 of the Civil Code of the Russian Federation, there are no proprietary relations between the bank and the client.

The bank deposit agreement is real and paid. The bank's obligations to return the deposit amount with accrued interest arise from the bank only after the depositor has deposited funds into a deposit account opened in his name with a bank or other credit institution. This agreement is compensated because under any circumstances the bank is obliged to pay interest to the depositor. Recognition of a bank deposit agreement, to which a citizen is a party, as public means the bank’s obligation to enter into such an agreement with any citizen on the same conditions provided for this category of deposit, and a prohibition on establishing any benefits or restrictions for individual citizens.

The conclusion of a bank deposit agreement between the bank and the client is formalized by the opening of a so-called deposit account for the latter. A deposit account is a type of bank account, therefore, in many ways, the rules for opening and maintaining it are the same as the rules for opening and maintaining other accounts opened in banks and other credit institutions. Thus, to open a deposit account in a bank, the client must submit the same documents as for opening a current (current currency) account of a legal entity or a current account of an individual.

In accordance with Article 1 of the Banking Law, in addition to banks, there are non-banking credit organizations who have the right to exercise individual species banking operations provided for by the above Law, on the basis of a license issued by the Central Bank. Attracting deposits is one of the types of banking operations that can be carried out by non-bank credit organizations if they receive a special license. Within the meaning of paragraph 4 of Article 834, it is to such non-bank credit organizations that accept deposits from legal entities that the rules of Chapter 44 of the Civil Code of the Russian Federation should be applied.

Legal entities do not have the right to transfer funds in deposits to other persons.

4. The rules of this chapter relating to banks also apply to other credit institutions that accept deposits from legal entities in accordance with the law.

Article . The right to attract funds into deposits

1. The right to attract funds as deposits has to banks that have been granted such a right in accordance with a permit (license) issued in the manner established in accordance with the law.

2. In case of acceptance of a contribution from a citizen by a person who does not have the right to do so, or in violation of the procedure established by law or adopted in accordance with it banking rules, the depositor may demand immediate return of the deposit amount, as well as payment of interest on it, provided for in Article 395 of this Code, and compensation in addition to the amount of interest for all losses caused to the depositor.

If such a person accepts funds from a legal entity under the terms of a bank deposit agreement, such an agreement is invalid ().

3. Unless otherwise established by law, the consequences provided for in paragraph 2 of this article also apply in the following cases:

attracting funds from citizens and legal entities by selling them shares and other securities, the issue of which has been declared illegal;

attracting citizens' funds into deposits against bills of exchange or other securities, excluding their receipt by the deposit holders on demand and the exercise by the depositor of other rights provided for by the rules of this chapter.

Article . Bank deposit agreement form

1. A bank deposit agreement must be concluded in writing.

The written form of a bank deposit agreement is considered to be complied with if the deposit is certified by a savings book, a savings or deposit certificate, or another document issued by the bank to the depositor that meets the requirements provided for such documents by law, the banking rules established in accordance with it and business customs applied in banking practice .

2. Failure to comply with the written form of a bank deposit agreement entails the invalidity of this agreement. Such an agreement is void.

Article . Types of deposits

1. A bank deposit agreement is concluded on the terms of issuing the deposit on demand (demand deposit) or on the terms of returning the deposit after the expiration of the period specified in the agreement (time deposit).

The agreement may provide for the making of deposits on other conditions for their return that do not contradict the law.

2. Under a bank deposit agreement of any type, the bank is obliged to issue the deposit amount or part thereof upon the first request of the depositor, with the exception of deposits made by legal entities on other return conditions provided for by the agreement.

The condition of the agreement on the citizen’s renunciation of the right to receive a deposit upon first demand is void.

3. In cases where a time deposit or another deposit, other than a demand deposit, is returned to the depositor at his request before the expiration of the term or before the occurrence of other circumstances specified in the bank deposit agreement, interest on the deposit is paid in an amount corresponding to the amount of interest paid by the bank on demand deposits, unless the agreement provides for a different interest rate.

4. In cases where the investor does not require a refund of the amount term deposit upon expiration of the term or amount of the deposit made on other terms of return - upon the occurrence of circumstances provided for by the agreement, the agreement is considered extended on the terms of a demand deposit, unless otherwise provided by the agreement.

Article . Interest on deposit

1. The bank pays the depositor interest on the deposit amount in the amount determined by the bank deposit agreement.

If there is no provision in the agreement on the amount of interest to be paid, the bank is obliged to pay interest in the amount determined in accordance with paragraph 1 of Article 809 of this Code.

2. Unless otherwise provided by the bank deposit agreement, the bank has the right to change the amount of interest paid on demand deposits.

If the bank reduces the interest rate, the new interest rate is applied to deposits made before informing depositors about the interest reduction, after a month from the date of the corresponding notification, unless otherwise provided by the agreement.

3. The amount of interest on a deposit made by a citizen, determined by a bank deposit agreement, on the terms of its issuance after a certain period or upon the occurrence of circumstances provided for by the agreement, cannot be unilaterally reduced by the bank, unless otherwise provided by law. Under an agreement of such a bank deposit concluded by a bank with a legal entity, the amount of interest cannot be unilaterally changed, unless otherwise provided by law or agreement.

Article . The procedure for calculating interest on deposits and their payments

1. Interest on the amount of a bank deposit is accrued from the day following the day it was received by the bank until the day it is returned to the depositor, inclusive, and if it is written off from the depositor’s account for other reasons, until the day it is written off, inclusive. (as amended by Federal Law No. 22-FZ dated March 21, 2005)

2. Unless otherwise provided by the bank deposit agreement, interest on the amount of the bank deposit is paid to the depositor upon his request at the end of each quarter separately from the deposit amount, and interest unclaimed during this period increases the amount of the deposit on which interest is accrued.

When the deposit is returned, all interest accrued up to that time is paid.

Article . Ensuring return of deposit

1. The return of citizens' deposits by the bank is ensured through compulsory deposit insurance carried out in accordance with the law, and in cases provided for by law, by other means. (as amended by Federal Law dated December 23, 2003 N 182-FZ)

2. The methods by which the bank ensures the return of deposits of legal entities are determined by the bank deposit agreement.

3. When concluding a bank deposit agreement, the bank is obliged to provide the depositor with information about the security of the return of the deposit.

4. If the bank fails to fulfill the obligations stipulated by law or the bank deposit agreement to ensure the return of the deposit, as well as in the event of the loss of the security or deterioration of its conditions, the depositor has the right to demand from the bank the immediate return of the deposit amount, payment of interest on it in the amount determined in accordance with paragraph 1 of the article 809 of this Code, and compensation for damages caused.

Article . Depositing funds by third parties into the depositor's account

Unless otherwise provided by the bank deposit agreement, the deposit account is credited with funds received by the bank in the name of the depositor from third parties, indicating the necessary information about his deposit account. In this case, it is assumed that the depositor has agreed to receive funds from such persons by providing them with the necessary information about the deposit account.

Article . Deposits in favor of third parties

1. The deposit may be made to the bank in the name of a certain third party. Unless otherwise provided by the bank deposit agreement, such a person acquires the rights of a depositor from the moment he presents the first claim to the bank based on these rights, or expresses to the bank in another way his intention to exercise such rights.

Indication of the name of the citizen () or the name of the legal entity () in whose favor the deposit is made is an essential condition of the relevant bank deposit agreement.

A bank deposit agreement in favor of a citizen who has died at the time of conclusion of the agreement, or a legal entity that does not exist at that time is void.

2. Before a third party expresses an intention to exercise the rights of a depositor, a person who has entered into a bank deposit agreement may exercise the rights of a depositor in relation to the funds deposited by him into the deposit account.

3. The rules on an agreement in favor of a third party () apply to a bank deposit agreement in favor of a third party, unless this contradicts the rules of this article and the essence of the bank deposit.

Article . Passbook

1. Unless otherwise provided by agreement of the parties, the conclusion of a bank deposit agreement with a citizen and the deposit of funds into his deposit account are certified by a savings book. A bank deposit agreement may provide for the issuance of a personal savings book or a bearer savings book. A bearer savings book is security.

The savings book must indicate and be certified by the bank the name and location of the bank (), and if the deposit is made to a branch, also its corresponding branch, the account number of the deposit, as well as all amounts of funds credited to the account, all amounts of funds, debited from the account, and the balance of funds in the account at the time of presentation of the savings book to the bank.

Unless a different state of the deposit is proven, the deposit data indicated in the savings book is the basis for settlements on the deposit between the bank and the depositor.

2. The issuance of a deposit, the payment of interest on it and the execution of the depositor’s orders to transfer funds from the deposit account to other persons are carried out by the bank upon presentation of a savings book.

If registered savings book lost or rendered unsuitable for presentation, the bank, upon application of the depositor, issues him a new savings book.

Restoration of rights under a lost bearer savings book is carried out in the manner prescribed for bearer securities (Article 148).

Article . Savings (deposit) certificate

1. A savings (deposit) certificate is a security that certifies the amount of a deposit made to the bank and the right of the depositor (certificate holder) to receive upon expiration deadline the amount of the deposit and the interest stipulated in the certificate in the bank that issued the certificate or in any branch of this bank.

2. Savings (deposit) certificates can be bearer or registered.

3. In case of early presentation of a savings (deposit) certificate for payment by the bank, the deposit amount and interest paid on demand deposits are paid, unless the terms of the certificate establish a different interest rate.

1. Under a bank deposit agreement, one party (the bank), which has accepted the amount of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and in the manner provided for by the agreement . Unless otherwise provided by law, at the request of a citizen depositor, the bank, instead of issuing a deposit and interest on it, must transfer funds to the account specified by the depositor.

2. A bank deposit agreement, in which the depositor is a citizen, is recognized as a public agreement ().

Unless otherwise provided by law, legal entities do not have the right to transfer funds in deposits to other persons.

4. The rules of this chapter relating to banks also apply to other credit institutions that accept deposits from legal entities in accordance with the law.

Commentary on Article 834 of the Civil Code of the Russian Federation

1. A bank deposit agreement is an agreement under which one party (the bank), having accepted the amount of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it on the terms and conditions in the manner prescribed by the contract.

The terms “deposit” and “deposit” are thus considered synonymous and mean the amount of money received by the bank from the depositor or for the depositor. In accordance with Art. 36 of the Banking Law, deposit is cash in foreign currency Russian Federation or foreign currency placed by individuals for the purpose of storing and generating income. However, a contribution (deposit) can be placed not only by an individual, but also by a legal entity.

2. To conclude a bank deposit agreement, the depositor submits to the bank the documents provided for by Instruction of the Central Bank of the Russian Federation N 28-I. A deposit account is opened after the client has been identified in accordance with the Anti-Money Laundering Law.

3. According to the bank deposit agreement, the bank is obliged to return the deposit amount and pay interest on it. The depositor bears no counter-obligations. Thus, the contract is real, compensated and one-sided. If the investor is a citizen, then the agreement is also recognized as public and Art. 426 Civil Code.

In accordance with paragraphs. 1 - 2 of the Supreme Court Resolution No. 7 on legal relations for the provision of financial services(including under a bank deposit agreement, as not related to the implementation by consumers entrepreneurial activity) the Law on the Protection of Consumer Rights applies to the extent that does not contradict special legislation. It should be taken into account that some provisions of this Law contradict the essence of the bank deposit agreement and cannot be applied to it. To relations arising from a bank deposit agreement with the participation of a citizen, the general rules of the Law on the Protection of Consumer Rights on the right of citizens to provide information, on compensation for moral damage, on alternative jurisdiction and exemption from payment should be applied state duty when going to court. The legal consequences of violations of the terms of such an agreement are determined by civil and special banking legislation (see: explanations “On some issues related to the application of the Law of the Russian Federation “On the Protection of Consumer Rights”, approved by Order of the MAP of Russia dated May 20, 1998 N 160 // BNA 1999. N 2).

In accordance with clause 4.5 of Central Bank Regulation No. 39-P, the bank does not have the right to give preference to the shareholders (participants) of the bank over other clients of the bank, i.e. establish other conditions for raising funds (higher interest rate, more frequent period capitalization (accrual) of interest). All bank clients place funds on the same terms and have the right to obtain from the bank information about the types and conditions of deposits, and about the terms of currently valid deposit agreements.

4. Legal nature A bank deposit agreement is defined ambiguously in the literature. Point 3 comment. Art. gives grounds to consider it a type of bank account agreement, since it allows the rules on the bank account agreement to be applied to the relationship between the bank and the depositor. Nevertheless, it seems that the said norm provides for the application of the law by analogy, which is permissible not only for those that are identical in nature, but also for analogous, similar relations (Article 6 of the Civil Code). The similarity of these agreements is that the deposit can be accepted by opening an account. But this account is not a type of bank account, the definition of which is given in Art. 11 NK.

A deposit account is opened for individuals and legal entities to account for funds placed with credit institutions in order to receive income in the form of interest accrued on the amount of funds placed. The basis for opening such an account is the conclusion of a bank deposit agreement.

It is prohibited to apply the law by analogy in the following cases: contradiction to the norms of the law or the essence of the bank deposit agreement. Thus, it is not allowed to transfer funds on deposit to other persons if the depositor is a legal entity. This prohibition can be explained by the possibility of transferring funds when concluding another agreement - a bank account. Individuals are not required to have a bank account, so there is no such prohibition for them.

5. By general rule Only banks can attract funds into deposits. Clause 4 of Art. 834 gives the right to accept deposits not only to banks, but also to other credit institutions. This norm is currently not actually in effect, since banking legislation does not allow non-bank credit organizations to raise funds on deposit. In accordance with clause 1.4 of the Instruction of the Central Bank of the Russian Federation dated April 26, 2006 N 129-I “On banking operations and other transactions of settlement non-bank credit institutions, mandatory standards of settlement non-bank credit institutions and the specifics of the Bank of Russia’s supervision of their compliance” (Vestnik Banka Russia. 2006. N 32) settlement non-bank credit organizations do not have the right to attract funds from individuals and legal entities on deposits.

2. A bank deposit agreement, in which the depositor is a citizen, is recognized as a public contract (Article 426).

Legal entities do not have the right to transfer funds in deposits to other persons.

4. The rules of this chapter relating to banks also apply to other credit institutions that accept deposits from legal entities in accordance with the law.

Comments on Article 834 of the Civil Code of the Russian Federation

1. The bank deposit agreement emerged from the banking variety of the loan agreement, in which the depositor was the lender and the bank was the borrower.

2. Bank depositors can be individuals and legal entities - both residents and non-residents of the Russian Federation.

In accordance with paragraph 2 of Art. 26 of the Civil Code of the Russian Federation, minors aged 14 to 18 years have the right to independently, without the consent of parents, adoptive parents and trustees, make deposits in credit institutions and dispose of them.

3. Deposits can be made both in rubles and in foreign currency.

The procedure for making deposits in foreign currency by residents and non-residents and ruble deposits of non-residents is regulated by the Law on currency regulation. In particular, it provides that residents have the right to open deposits in foreign currency without restrictions in authorized banks (subclause 2, clause 3, article 9), also in banks located on the territories of foreign states that are members of the Organization for Economic Co-operation and Development (OECD ) or Development Groups financial measures Anti-Money Laundering (FATF). In accordance with the procedure established by the Central Bank, until January 1, 2007, residents can make deposits into foreign banks and other countries. Currency restrictions in the latter case can only be expressed in compliance with the rule on the preliminary registration of such a deposit. Resident legal entities have the right to carry out, without restrictions, currency operations with funds credited to deposits outside the territory of the Russian Federation, with the exception of currency transactions between residents. Resident individuals have the right, without restrictions, to carry out currency transactions not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited to deposits opened in banks outside the Russian Federation (Article 12). On the territory of the Russian Federation, non-residents have the right to open, in the manner established by the Central Bank of Russia, bank deposits in foreign currency and the currency of the Russian Federation only in authorized banks (Article 13).

4. Since a bank deposit agreement with a citizen is public (Article 426 of the Civil Code of the Russian Federation), the bank does not have the right to refuse to accept a deposit under the following conditions: a) according to the constituent documents and license, the bank has the right to carry out savings transactions; b) acceptance of the deposit will not lead to a violation of the law and mandatory economic standards established by the Central Bank; c) the bank has not suspended further acceptance of deposits from the public for economic or other reasons; d) the bank has the necessary production and technical capabilities to accept deposits (available tellers, spacious operating rooms, etc.); e) there are no other reasons that deprive the bank of the opportunity to accept the deposit. If, in the presence of the listed circumstances, the bank refused to accept the deposit, the citizen has the right to file a claim in court to force him to conclude a bank deposit agreement on the terms that are offered to other depositors of this bank, as well as to recover losses caused by the bank’s evasion from concluding this agreement. From Art. 426 of the Civil Code of the Russian Federation it follows that the court can refuse to satisfy such a claim only in one case: the credit institution did not have the opportunity to accept the deposit. At the same time, Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 6/8 provides that it is on commercial organization(V in this case- the bank) has the burden of proving the absence of such an opportunity.

5. From clause 1 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 7 it follows that from December 20, 1999 (the time of publication of the Federal Law “On Amendments and Additions to the Law of the Russian Federation “On the Protection of Consumer Rights” dated November 17, 1999”), relations regulated legislation on the protection of consumer rights may arise from a bank deposit agreement in which the depositor is a citizen.

6. Acceptance of a deposit is accompanied by the opening of a deposit account. Therefore, the relevant rules on the bank account agreement apply to the relationship between the bank and the depositor, unless otherwise provided by the rules of Chapter. 44 and does not follow from the essence of the bank deposit agreement. For example, a bank deposit agreement concluded with a legal entity (as opposed to a bank account agreement) does not allow settlement transactions for goods (work, services). Therefore, the rules on calculations contained in Chapter. 45 of the Civil Code of the Russian Federation should not apply to legal relations under a bank deposit agreement concluded with a legal entity. A depositor - a legal entity cannot give the bank an instruction to transfer the deposit amount to the account of a third party. This provision does not deprive the depositor of the opportunity to cede to a third party his right to claim against the bank for payment of the deposit under an assignment agreement, unless, of course, such an agreement is concluded in order to circumvent this prohibition (Article 10 of the Civil Code of the Russian Federation). (See also: Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 29, 2000 N 6041/97 (Bulletin of the Supreme Arbitration Court of the Russian Federation, 2000, No. 6).) The legal regime of a bank deposit agreement concluded with a citizen is almost no different from the legal regime of a bank account agreement. For example, paragraph 2 of Art. 843 of the Civil Code of the Russian Federation allows for a limited list of settlement transactions to be performed on citizens’ deposits, namely the transfer of funds from the deposit account to other persons. It follows that with regard to citizens’ deposits it is allowed to carry out bank transfers. However, in this case, such transfers represent one of possible options return of the deposit as directed by the client. It is allowed to transfer funds to a citizen’s deposit, carried out at the initiative of third parties (Article 841 of the Civil Code of the Russian Federation). Carrying out collection operations on citizens' deposits contradicts the legal and economic nature of a bank deposit. In particular, undisputed or unaccepted write-off of funds should not be allowed for citizens’ deposits (Clause 2 of Article 854 of the Civil Code of the Russian Federation), incl. in cases established in the agreement between the depositor and his counterparty (clause 2 of Article 847 of the Civil Code of the Russian Federation).

7. The fixed-term bank deposit agreement is an adhesion agreement, the terms of which, in accordance with clause 1 of Art. 428 of the Civil Code of the Russian Federation are determined by the bank in standard forms (clause 4 of the Resolution of the Constitutional Court of the Russian Federation dated February 23, 1999 N 4-P “In the case of verifying the constitutionality of the provisions of part two of Article 29 of the Federal Law of February 3, 1996 “On Banks and banking"in connection with complaints from citizens O.Yu. Veselyashkina, A.Yu. Veselyashkin and N.P. Lazarenko" (SZ RF, 1999, No. 10, Art. 1254)).

8. In accordance with Art. 30 of the Banking Law, clients have the right to open any number of deposit accounts they need in any currency.

9. The obligation to return the deposit must be fulfilled by the bank in accordance with the terms of the agreement and taking into account the requirements of clause 3 of Art. 834 and art. 861 Civil Code of the Russian Federation. The return of the deposit to an individual can be made either in cash or by bank transfer. Moreover, the depositor can give an order to transfer the deposit amount to the account of a third party. The bank has the right to return the deposit amount to a legal entity - depositor only by transferring it to one of the current accounts belonging to this client. To the demands of depositors to the bank for the issuance of deposits limitation of actions does not apply (Article 208 of the Civil Code of the Russian Federation).

In practice, the problem arose of determining the currency of payment when returning a deposit made by a depositor in foreign currency. During banking crisis some banks began to return to their depositors not foreign currency, but its ruble equivalent, calculated on the date of payment. To justify their actions, they made reference to Art. 140 of the Civil Code of the Russian Federation, according to which the only legal tender on the territory of the Russian Federation is the ruble. That is, banks refused to return deposits in foreign currency, offering “legal tender” instead. This position is unfounded. According to paragraph 3 of Art. 317 of the Civil Code of the Russian Federation, the use of foreign currency, as well as payment documents when making payments on the territory of the Russian Federation for obligations, is permitted in cases, in the manner and on the conditions determined by law or in the manner established by it. Cases of using foreign currency for making payments on the territory of the Russian Federation are determined by currency legislation. In accordance with sub. 2 p. 3 art. 9 of the Law on Currency Regulation, residents have the right, without restrictions, to carry out currency transactions related to depositing funds into bank deposits and receiving funds from residents’ bank deposits (on demand and for a certain period). Consequently, if the parties have lawfully agreed on settlements in a certain foreign currency and their voluntary fulfillment of such an obligation does not contradict currency legislation, the court, at the request of the plaintiff, must collect the corresponding debt in this foreign currency (clause 10 of the Review of Review Practice arbitration courts disputes related to the application of legislation on currency regulation and exchange control, approved information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 2000 N 52. (Bulletin of the Supreme Arbitration Court of the Russian Federation, 2000, N 7)). If a bank deposit agreement is concluded in a foreign currency, the proper fulfillment of the bank’s obligation will consist in returning to them the deposit amount in foreign currency. Therefore, the rule about legal means of payment in this case is not applicable, because does not cancel the principle of proper fulfillment of the obligation. Courts of general jurisdiction share a similar point of view. The Resolution of the Presidium of the Moscow City Court dated May 25, 2000 concluded that the bank must fulfill its obligation to return the deposit in the currency in which the deposit was made (Bulletin of the Armed Forces of the Russian Federation, 2000, No. 11).

10. The bank’s currency obligation to return the deposit can be replaced by a ruble obligation only in one case.

In accordance with Art. 20 of the Law on Banks, from the moment a credit organization’s license to carry out banking operations is revoked, the credit organization’s obligations in foreign currency are taken into account in rubles at the Central Bank exchange rate in effect on the day the credit organization’s license was revoked. From the meaning of the decision of the Supreme Court of the Russian Federation in the case dated December 2, 1999 No. Civil Code RFPI99-551 (Bulletin of the Supreme Court of the Russian Federation, 2000, No. 7) it follows that the norm of Art. 20 of the Banking Law regulates only the procedure accounting currency liabilities of the bank after the revocation of its license. However, the Law does not contain a rule on the amount of payments to bank creditors based on the exchange rate on the day the license is revoked for obligations arising from a bank deposit. Meanwhile, as a result of the revocation of a license, a credit institution loses not only ruble, but also foreign currency banking license. Therefore, it cannot make payments to investors in foreign currency. Therefore, returns of deposits should be made only in rubles.

The question of the exchange rate on the basis of which the ruble equivalent of the bankrupt bank's foreign currency debt to depositors should be calculated can be resolved on the basis of clause 1 of Art. 4 of the Bankruptcy Law. They stipulate that the composition and size monetary obligations, expressed in foreign currency, are determined in rubles at the rate established by the Central Bank of Russia on the date of introduction of each bankruptcy procedure following the deadline for fulfillment of the corresponding obligation.

11. In accordance with paragraph 1 of Art. 64 of the Civil Code of the Russian Federation, the requirements of citizen depositors during the liquidation of banks or other credit institutions must be satisfied first of all.

12. In case of untimely return of the deposit, the bank may be held liable by the depositor under Art. 395 of the Civil Code of the Russian Federation. However, arbitration practice allows the accrual of interest provided for only on the amount of the principal debt (i.e., on the amount of the deposit). Interest for the use of other people's funds should not be accrued on the amount of interest for the use of the deposit, unless otherwise provided by law (Resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02.10.98 N 6638/97 and dated 05.19.98 N 129/98).

In case of violation of the conditions for timely return of the deposit, the depositor has the right to receive compensation for deposits in the manner specified established by law on deposit insurance, and inform the deposit insurance agency about the facts of the bank’s delay in fulfilling its obligations on deposits (Article 7 of this Law).

13. Paragraph 4 of the commented article allows for the possibility of concluding bank deposit agreements not only by banks, but also by other non-bank credit organizations. In accordance with Art. 1 of the Law on Banks, a non-bank credit organization has the right to carry out certain Bank operations, permissible combinations of which are established by the Central Bank. Of all the known types of non-bank credit organizations, only non-bank depository and credit organizations enjoy the right to attract deposits from legal entities in accordance with the Regulation of the Central Bank of Russia dated September 21, 2001 N 153-P “On the peculiarities of prudential regulation of the activities of non-bank credit organizations engaged in deposit and credit operations"(Bulletin of the Bank of Russia, 2001, No. 60).

Non-bank credit organizations are not entitled to attract deposits individuals. Since the entry into force of Federal Law No. 181-FZ dated December 23, 2003 “On introducing amendments and additions to the federal law“On Banks and Banking Activities” (Law of the Russian Federation, 2003, No. 52 (Part I), Article 5033) in force since December 27, 2003, the right to attract funds from individuals as deposits is granted only to those banks that simultaneously meet two conditions : have the appropriate license from the Central Bank and participate in the deposit insurance system for individuals in accordance with the Law on Deposit Insurance (see commentary to Article 835).

14. In accordance with Art. 1128 of the Civil Code of the Russian Federation, citizens’ deposits in banks can be bequeathed either to general procedure, or by making a testamentary disposition in writing in the branch of the bank in which this account is located (see commentary to Article 1128).

2. A bank deposit agreement, in which the depositor is a citizen, is recognized as a public contract (Article 426).

Unless otherwise provided by law, legal entities do not have the right to transfer funds in deposits to other persons.

4. The rules of this chapter relating to banks also apply to other credit institutions that accept deposits from legal entities in accordance with the law.

Comments to Art. 834 Civil Code of the Russian Federation

1. A bank deposit agreement is a type of loan agreement (Article 807 of the Civil Code), in which the lender is the depositor and the borrower is the bank. Investors can be all subjects of civil law.

2. Since a bank deposit agreement with a citizen is public (Article 426 of the Civil Code), the bank does not have the right to refuse to accept a deposit under the following conditions: a) according to the constituent documents and license, the bank has the right to carry out savings operations; b) acceptance of the deposit will not lead to a violation of the law and mandatory economic standards established by the Central Bank of the Russian Federation; c) the bank has not suspended further acceptance of deposits from the public for economic or other reasons; d) the bank has the necessary production and technical capabilities to accept deposits (available tellers, spacious operating rooms, etc.); e) there are no other reasons that deprive the bank of the opportunity to accept the deposit. If the above circumstances exist and the bank refuses to accept the deposit, the citizen has the right to file a claim in court to compel the conclusion of a bank deposit agreement on the terms offered to other depositors of this bank, as well as to recover losses caused by the bank’s evasion from concluding this agreement. The right of a bank to refuse to accept a client’s deposit may be provided for by law or other legal act.

When concluding an agreement, the bank does not have the right to give preference to some depositors over others, for example, to charge a higher interest rate on the deposits of bank employees (compared to the deposits of other citizens). However, this rule applies only to deposits transferred under the same conditions. The bank has the right to differentiate its interest rates depending on the duration of the agreements, the amount of deposits and the conditions for their return. In this regard, it is permissible to establish different interest rates on deposits of legal entities and citizens, since in practice the terms of agreements with these depositors differ significantly.

In accordance with clause 2 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 7, legal relations under a bank deposit agreement are subject to the Law on the Protection of Consumer Rights. We can only talk about the application general rules Law on the Protection of Consumer Rights, since the special provisions of Chapters 2 and 3 of this Law regarding the sale of goods and performance of work (provision of services) contradict the essence of the bank deposit agreement.

3. Acceptance of a deposit is accompanied by the opening of a deposit account. Therefore, the relevant rules on the bank account agreement apply to the bank’s relations with depositors, unless otherwise provided by the rules of Chapter. 44 and does not follow from the essence of the bank deposit agreement. For example, a bank deposit agreement (as opposed to a bank account agreement) does not allow settlement transactions for goods (work, services). Therefore, the rules on calculations contained in Chapter. 45, should not apply to legal relations under a bank deposit agreement.

Upon expiration of the deposit agreement with the depositor - a legal entity, the deposit amount must be returned to him by bank transfer or, in provided for by law cases, in cash. However, a depositor who is a legal entity does not have the right to give the bank an instruction to transfer the deposit amount to the account of a third party. This provision does not deprive the depositor of the opportunity to cede to a third party his right to claim against the bank for payment of the deposit under an assignment agreement, unless, of course, such an agreement is concluded with the aim of circumventing this prohibition (Article 10 of the Civil Code). A bank deposit agreement concluded with a citizen also cannot provide for the possibility of transferring the deposit amount to the accounts of third parties, since such an action should be considered as settlement transaction. The inclusion of such a condition in a bank deposit agreement turns it into a bank account agreement.

In accordance with Art. 30 of the Banking Law, clients have the right to open any number of deposit accounts they need in any currency.

4. Paragraph 4 allows for the possibility of concluding bank deposit agreements not only by banks, but also by other credit institutions. Articles 1 and 13 of the Banking Law stipulate that for this it is necessary to have the appropriate license from the Central Bank of the Russian Federation. However, the rules for issuing a license to attract deposits from both individuals and legal entities are such that they exclude the issuance of such a license to non-bank credit organizations (banks with a limited range of operations) (Article 36 of the Law on Banks, telegrams of the Central Bank of the Russian Federation dated 02.21.94 N 47 -94; dated 12/27/94 N 221-94; dated 01/12/96 N 5-96). Thus, at present, non-bank credit institutions do not have the ability to attract deposits at all. Therefore, in practice, the norm in question is not applied.