Agreement for opening an account and cash management services. Sample completed bank account agreement Sample completed bank account agreement

SAMPLE OF FILLING OUT AN AGREEMENT FOR A CURRENT (Settlement) BANK ACCOUNT AND FOR CASH SETTLEMENT SERVICES

current (settlement) bank account and on settlement and cash services №3012298000347

Open Joint-Stock Company Savings Bank Belarusbank, hereinafter referred to as the Bank, represented by Deputy. Director of branch 529/285 Tatyana Pavlovna Lukashevich, acting on the basis of power of attorney No. 245 dated June 15, 2004, on the one hand, and the Closed Joint Stock Company "AlVeNa-INFO", hereinafter referred to as the "Client", represented by general director Savich Zhanna Dmitrievna, acting on the basis of the Charter, on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Client instructs, and the Bank, for a fee, undertakes to open a current (settlement) account for storage for each type of currency Money, crediting to the account of funds received in favor of the Client, as well as for settlement and cash services of the Client in accordance with this agreement and the current legislation of the Republic of Belarus.

1.1-1. The Client instructs, and the Bank assumes obligations to carry out currency exchange transactions in accordance with this agreement and the current legislation of the Republic of Belarus.***

1.2. The Client grants the Bank the right to use temporarily free funds located on his current (settlement) account opened in accordance with this agreement (hereinafter referred to as the account), and the Bank pays interest for storing the balance of funds in the account, determined by this agreement.

1.3. Provision of other services not related to opening and maintaining an account***, foreign exchange transactions*** and cash settlement services (lending, factoring, leasing, deposits, trust transactions, transactions with individuals and other services) are carried out by the Bank on based on separate agreements.

2. OBLIGATIONS OF THE PARTIES

2.1. The Bank undertakes:

2.1.1. Open an account after the Client provides all, provided for by law Republic of Belarus documents for its opening.

2.1.2. Provide settlement and cash services to the Client and carry out all settlement and cash transactions in the manner and within the time limits provided for by the legislation of the Republic of Belarus and this agreement.

2.1.3. Carry out operations according to the current (settled) bank account within one banking day, unless otherwise established by the legislation of the Republic of Belarus or this agreement.

2.1.3 Carry out currency exchange transactions (including transfers with purchase, sale, conversion, credit with purchase, conversion) in accordance with the legislation of the Republic of Belarus and on the terms provided for in this agreement.

2.1.4. Receive payment documents from the Client within the time established by the Bank for working with clients (hereinafter referred to as the banking day) and in accordance with the client service schedule. The Client's orders are accepted for execution if there are funds in the Client's account.

2.1.5. Execute the Client's settlement documents received during the banking day before _, on the same banking day; accepted after the expiration of a banking day on the next banking day, unless a different deadline for its execution is indicated in the settlement document.

2.1.6. Carry out transactions from the Client's account within the limits of funds in the account at the beginning of the banking day in compliance with the order of payments established by the legislation of the Republic of Belarus. Funds received into the Client’s account during the banking day, including through the BISS system, can be used by the Client if this does not lead to a violation of the order of payments established by the legislation of the Republic of Belarus.

2.1.7. Debit funds from the Client's account only on his instructions (instructions) or with his consent. The indisputable procedure for writing off funds from the Client’s account is carried out in cases provided for by the legislation of the Republic of Belarus.

2.1.8. Receive cash proceeds directly from the Client during banking hours at the cash desk (evening cash desk) with crediting to the account on the same banking day; on the same banking day for revenue received before 13:00, and on the next banking day for revenue received after 13:00; no later than the second banking day from the date of receipt of revenue by branches that do not have a modem connection).

2.1.9. Issue to the Client or his representative statements and documents confirming transactions on his accounts on the next banking day from the moment the Client applies. Documents received from other banks shall be transferred to the Client as they arrive at the Bank.

2.1.10. Provide the Client with an extract from the Tariffs of remuneration for the Bank's services, valid on the date of conclusion of the agreement (Appendix No. 1 to this agreement) and inform the Client about changes in tariffs by announcing on the information stand at the Bank's establishment indicating the document that introduces changes to the tariffs and the date of introduction them into action.

2.1.11. Establish for the Client the amount of cash settlements between legal entities, individual entrepreneurs, the procedure and terms for depositing cash, the cash balance limit, the procedure for using cash from the proceeds received at the Client’s cash desk, in accordance with the current legislation of the Republic of Belarus on the basis of applications submitted by the Client within the time limits specified in clause 2.2.2.

2.1.12. Ensure the safety of funds entrusted by the Client and the possibility of their unhindered disposal by the Client or a person authorized by him, taking into account current legislation of the Republic of Belarus and the terms of this agreement.

2.1.13. Ensure the confidentiality of information about economic activity the Client and maintain bank secrecy on transactions made on the Client’s account, except for cases provided for by the legislation of the Republic of Belarus.

2.1.14. When the Client provides a written instruction (instruction) to the Bank, charge and collect a penalty from the Client’s account for settlement documents not paid on time.

2.1.15. Upon a written request from the Client, search for amounts not received into his account, on a paid basis in accordance with the current tariffs of the Bank.

2.1.16. Issue cash to wages scholarships, pensions, benefits, income of entrepreneurs for the 1st half of the month on the 16th, for the 2nd half of the month on the 01st.

2.1.17. Adopt a permanent payment order Client, issued in accordance with the requirements of the legislation of the Republic of Belarus. Funds are debited from the Client's account under a standing payment order in full if there are and sufficient funds in the Client's account and, if not in the file, to an off-balance sheet account " Settlement documents, not paid on time” of unfulfilled settlement documents.

Deposit is money placed in banks by citizens and organizations. Legal nature In a bank deposit agreement, the legal doctrine recognizes a borrowed obligation (the debtor, that is, the bank, is obliged to pay for the use of the depositor’s money, accruing interest).

The deposit agreement with citizens is public, and therefore is concluded by the bank with all citizens on equal conditions. Relations are formalized in writing (Article 836 of the Civil Code of the Russian Federation) in one of the following forms:

as a single document signed by the parties;
savings book or certificate;
another document issued by the bank and meeting the requirements of the law.

What, according to the bank deposit agreement, the bank has the right to and what is obliged to do

After the client deposits money into the account, the bank has the obligation to:

to return the deposited funds within the agreed period;
payment of interest due in the amount established by the agreement, if all conditions were met by the investor.

At the same time, the bank has the right to reduce the amount of interest if the depositor has not fulfilled his obligations, for example, closed the deposit and withdrew money ahead of schedule, including in the event that the client does not claim the money after the end of the extended agreement (see the decision of the magistrate of court district No. 26 of the Samara region dated 01/23/2015 in case No. 2-2/15).

Issues of proper fulfillment of obligations by a bank are subject to the general norms of the Civil Code of the Russian Federation, detailed information which can be obtained by reading the articles Fulfillment of obligations under a contract in accordance with the Civil Code of the Russian Federation and Improper fulfillment of obligations - a concept.

Bank account agreement: relationship with bank deposit

Relations arising during the execution of a bank account agreement are regulated by Chapter. 45 of the Civil Code of the Russian Federation. At the same time, its rules apply to legal relations on the account to which the deposit is credited (clause 3 of Article 834 of the Civil Code of the Russian Federation).

Bank deposit is used to save and increase your capital, and the bank account agreement has the main purpose of performing non-cash transactions, such as:

admission and enrollment;
translations;
write-offs;
other operations.

This nature of the contract allows us to classify it as a contract for the provision of services for a fee.

So, sample bank deposit agreement can be developed in the form of a single document signed by the parties, as well as in the form of a passbook or certificate. A bank deposit is actually a loan of money by a bank from a depositor; a bank account agreement is concluded for non-cash transactions with money. At the same time, the rules on the bank account agreement are subsidiarily applied to the depositor’s account.

in a person acting on the basis, hereinafter referred to as " Bank", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Client", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. The Subject of the Agreement. General provisions

1.1. Under this agreement, the Bank undertakes to accept and credit funds received to the account opened for the Client, to carry out the Client’s orders to transfer and withdraw the corresponding amounts from the account and to carry out other operations on the account.

1.2. The Bank has the right to use the funds available in the account, guaranteeing the Client’s right to freely dispose of these funds.

1.3. The Bank does not have the right to determine and control the direction of use of the Client’s funds and establish other restrictions not provided for by law on his right to dispose of funds at his own discretion.

1.4. The Bank undertakes to open an account (indicate the type of account) for the Client under the following conditions: no later than “” year.

2. Certification of the right to dispose of funds in the account

2.1. The rights of persons carrying out orders on behalf of the Client for the transfer and withdrawal of funds from the account are certified by the Client by providing the Bank with the following documents, provided by law, banking rules and this agreement: .

2.2. The Client has the right to give instructions to the Bank to write off funds from the account at the request of third parties, including those related to the Client’s fulfillment of its obligations to these persons. The Bank accepts these orders provided that they contain in writing the necessary data that allows, upon presentation of the corresponding request, to identify the person entitled to submit it.

2.3. This agreement permits certification of disposal rights sums of money, electronic means of payment located on the account and other documents using analogues of a handwritten signature, codes, passwords and other means confirming that the order was given by an authorized person.

3. Responsibilities of the Bank

The Bank undertakes:

3.1. perform for the Client operations provided for accounts of this type by law, banking rules established in accordance with it and business customs applied in banking practice;

3.2. credit the funds received to the Client’s account no later than the day following the day the relevant payment document is received by the bank;

3.3. by order of the Client, issue or transfer funds from the Client’s account no later than the day following the day the relevant payment document is received by the bank, unless other deadlines are provided for by law and banking rules issued in accordance with it.

4. Account crediting

4.1. In accordance with this agreement, the Bank can make payments from the account, despite the lack of funds, that is, credit the account. In this case, the Bank is considered to have provided the Client with a loan in the appropriate amount until the day such payment is made.

4.2. The rights and obligations of the parties related to crediting an account are regulated by the rules on loans and credit (Chapter 42 of the Civil Code of the Russian Federation).

5. Payment of the Bank’s expenses for performing transactions on the account

5.1. The Client pays for the Bank's services for performing transactions with funds in the account in the following amount: .

5.2. The fee for the Bank's services provided for in subclause 5.1.

collected by the Bank at the end of each quarter from the Client’s funds in the account.

6. Interest on the Bank’s use of funds on the account

6.1. For the use of funds on the Client’s account, the Bank pays interest, the amount of which is credited to the account.

6.2. The interest amount is credited to the account after the end of the calendar month.

6.3. Interest is paid by the Bank in the following amount: .

7. Offsetting counterclaims of the Bank and the Client on the account

7.1. The Bank's monetary claims to the Client related to crediting the account and payment for bank services, as well as the Client's claims to the Bank for payment of interest for the use of funds are terminated by offset.

7.2. The offset of these claims is carried out by the Bank. The Bank is obliged to inform the Client about the offset made in the following order and within the following terms: .

8. Reasons for debiting funds from the account

8.1. The Bank debits funds from the account based on the Client’s order.

8.2. Without the Client's order, debiting funds on the account is permitted by court decision in cases where established by law, as well as in the following cases agreed upon by the parties: .

8.3. If there are funds on the account, the amount of which is sufficient to satisfy all the requirements presented to the account, the debit of these funds from the account is carried out in the order of receipt of the Client’s orders and other documents for debiting (calendar priority).

8.4. If there are insufficient funds in the account to satisfy all requirements, funds are written off in the following order:

First of all - write-off executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the collection of alimony;

Secondly, write-offs according to executive documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working under employment contract, including under the contract, payment of remuneration under the author's agreement;

Thirdly, write-offs based on payment documents providing for payments to the budget and extra-budgetary funds;

In the fourth place - write-off according to executive documents providing for the satisfaction of other monetary claims;

Fifthly, write-offs are made for other payment documents in calendar order.

Debiting funds from the account for claims related to one queue is carried out in the calendar order of receipt of documents.

9. Responsibility of the bank for delays in crediting and unjustified write-off of funds

9.1. In cases of untimely crediting of funds received to the Client’s account or their unjustified debiting from the account by the Bank, the Bank is obliged, at the Client’s request, to credit the appropriate amount to the account, as well as pay interest on this amount and compensate for losses in accordance with Article 395 of the Civil Code of the Russian Federation.

9.2. The Bank guarantees the secrecy of the bank account, account transactions and information about the Client.

9.3. Information about transactions and accounts can only be provided to the Client himself or his representatives, and to other persons, including government agencies and them officials, - exclusively in cases and in the manner prescribed by law.

9.4. If the Bank discloses information constituting a bank secret, the Client has the right to demand from the Bank full refund damages caused, and in cases provided for by law - also compensation for moral damage.

10. Final provisions

10.1. Restriction of the Client's rights to dispose of funds in the account is not permitted, except in cases of seizure of the account by a court decision or suspension of operations on the account in cases provided for by law.

10.2. Genuine contract terminated upon application by the Client at any time.

10.3. The Bank has the right to demand termination of this agreement in the following cases:

When the amount of funds stored in the Client’s account is lower than the following amount: rubles and if such amount is not restored within a month from the date of warning the Client about this;

If there are no transactions on this account during the year.

10.4. The balance of funds in the account is issued to the Client or, at his direction, is transferred to another account no later than seven days after receiving the corresponding written application from the Client.

10.5. Termination of this agreement is the basis for closing the Client's account.

10.6. This agreement is drawn up in copies and comes into force from the moment it is signed by the parties to the agreement.

11. DETAILS AND SIGNATURES OF THE PARTIES

Bank

Legal address:
Mailing address:
Phone fax:
INN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

Client

Legal address:
Mailing address:
Phone fax:
INN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

Main legal document, which regulates the conditions for using any bank accounts or services, is an agreement. At the same time, each financial institution constantly optimizes this document in every possible way, making it optimal and more unified. The Sberbank bank account agreement also has its own characteristics.

Why is a contract needed?

According to the terms of servicing a bank account, Sberbank accepts payments, carries out debit transactions, and sets service rates. Information about the latter, as a rule, is an appendix to the main text of the agreement.

Before signing the contract, the client is obliged to familiarize himself with it, and if something is unclear, it is better to clarify these circumstances. If the client’s conditions are satisfied, the document is signed: first by the client, then by an authorized person of the bank, and the seal of the financial institution is affixed. After which the client’s copy is handed over to him.

What are the features of Sberbank agreements

Sberbank was one of the first financial institutions began to apply the universal agreement in banking practice banking services. The main goal was to simplify document flow and create a single document that could be used across the entire line of retail products.

This agreement consists of two parts:

public terms of service of Sberbank, they can still be found on the institution’s website.

This is a fairly voluminous document: together with appendices, it occupies 71 pages.

For ease of use, the agreement consists of 9 sections and has the following structure:

An integral part of the agreement are 5 annexes:

conditions for using plastic cards;
conditions for using remote banking services;
a memo on safety rules when using the institution’s services remotely;
rules of electronic interaction;
regulations for the provision of individual safes for rent.

The sample Sberbank bank account agreement itself can be downloaded directly from the bank’s website.

What services are regulated by the contract?

This document regulates the provision of the following types of banking services:

How to conclude

In order to conclude a universal agreement with Sberbank, you just need to come to the nearest bank branch with an identification document and write a statement in the established form.

A mandatory requirement is that the client has an international debit card. plastic card V Russian rubles. If individual at the time of signing the document does not own this card, then by default a ruble card is opened for free Maestro card Momentum.

Along with the card, the client is given access to Sberbank Online Internet banking and the Mobile Bank mobile service system.

An individual does not have to use all the services provided for in the terms of the agreement: the goal is to simplify the execution of these transactions if necessary. After all, in order for the client to be able to use the service in the future, he only needs to write a corresponding application, after which it will be activated.

Important points

It is also worth noting that Sberbank can unilaterally change the terms of the agreement, but in order for them to come into force, it must notify the client no later than 10 days before the moment when they should take effect.

To notify, the bank can use different communication channels: its website, the client’s email, letter, etc. If the client is not satisfied with the new terms of service, he can write a statement demanding to terminate the agreement.

The duration of the contract is not specified, that is, it is valid until one of the parties decides to terminate it. The agreement can be terminated early only if the client does not have valid products provided by this agreement and has no debt to the bank.