Doesn't occur. Therefore, the legislator does not consider the deposit as a type of loan, but distinguishes it as an independent agreement.

Concept of contract bank deposit(deposit). By bank deposit agreement one party (the bank), which accepted the sum of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it under the conditions and in the manner stipulated by the agreement.

According to paragraph 3 of Art. 834 of the Civil Code of the Russian Federation, the rules on the bank account agreement apply to the relationship between the bank and the depositor on the account to which the deposit is made, unless otherwise provided by the rules of Chapter 44 of the Civil Code of the Russian Federation or does not follow from the essence of the bank deposit agreement.

Legal characteristics of a bank deposit agreement. The bank deposit agreement is real (considered concluded at the moment of transfer of the deposit amount to the bank), compensated and unilateral (obligations arise only for one party - the bank, and rights only for the depositor). A bank deposit agreement in which the depositor is a citizen is recognized as a public contract.

Essential terms of the bank deposit agreement. The only essential condition in a bank deposit agreement is the subject.

Subject of the bank deposit agreement. The subject of the agreement is funds (deposit). The amount of money making up the deposit can be expressed in rubles or foreign currency. The depositor can transfer it in cash or in non-cash form. At the same time, the depositor's right to the funds transferred to the bank as a deposit is not a proprietary right, but a right to demand the return of money and payment of interest due.

Classification of deposits is possible on various grounds: by the range of subjects - deposits individuals and deposits of legal entities; depending on the term - demand deposits and time deposits. In the Instruction of the Savings Bank of the Russian Federation “On the procedure for the implementation by institutions of the Savings Bank Russian Federation operations on deposits of the population » the following types of deposits are distinguished: winning, pension, targeted for children, conditional, fixed-term with monthly payment income, license plates, etc.

Term of the bank deposit agreement. The contract can be concluded for a certain period or with the condition “on demand”. Accordingly, deposits are divided into two main types: time deposit (on the terms of return after the expiration of the period specified in the agreement) and demand deposit (on the terms of issuing the deposit upon the depositor’s first request).

The agreement may provide for the making of deposits under other conditions for their return that do not contradict the law (clause 1 of Article 837 of the Civil Code of the Russian Federation). These include conditional deposits, payments for which are made in the event of the occurrence of certain circumstances specified in the agreement. In other words, a conditional deposit is a bank deposit agreement concluded under a condition (for example, suspensive - reaching the age of majority).

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.

In cases where a personal savings book is lost or rendered unusable, 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.

Savings (deposit) certificate is a security that certifies the amount of the 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. Savings (deposit) certificates can be bearer or registered.

Certificate - type term deposit. 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 (Article 844 of the Civil Code of the Russian Federation).

As already noted, the written form of a bank deposit agreement can be certified by other documents issued by banks to depositors. So, in Lately the use of citizen deposits has become widespread in banking practice plastic cards, which allow, under the conditions specified in the bank deposit agreement, to carry out settlement transactions, just like with a savings book. The procedure for issuing such cards, as well as the rules for carrying out settlement transactions using them, are established by the Bank of Russia.

Obligations of the bank under the bank deposit agreement.

Since the bank deposit agreement is unilaterally binding and the obligated party is the bank, its contents constitute the obligations of the latter, which correspond to the rights of the depositor.

Under the bank deposit agreement, the bank is obliged to:

1. Conclude a bank deposit agreement with any citizen who applies.

This obligation arises from the recognition of a bank deposit agreement, to which a citizen is a party, as public. In this regard, firstly, the bank does not have the right to give preference to one depositor over another with regard to concluding this agreement (except for cases expressly established by law or other legal acts); secondly, the price of deposit services, as well as other terms of the bank deposit agreement, must be set the same for all depositors (except for cases where the law or other legal acts allow the provision of benefits for certain categories); thirdly, a bank’s refusal to enter into a bank deposit agreement if it has the opportunity to provide deposit services to a consumer citizen is not allowed.

The conclusion of a bank deposit agreement between the bank and the client is formalized by the latter opening a so-called deposit account, which is a type of bank account.

If the bank unjustifiably refuses to enter into an agreement, the depositor has the right to:

• go to court with a request to compel you to enter into an agreement;
• demand the application of a measure of liability (compensation for losses caused by evasion from concluding a contract).

At the same time, due to the reality of this agreement, the citizen depositor does not have the right to demand the forced conclusion of a bank deposit agreement, and the bank cannot be recognized as unreasonably evading its conclusion in the absence of evidence of depositing a sum of money into the deposit.

2. Accrue and pay interest on the deposit amount on the terms and in the manner provided for in the agreement.

The conditions for interest on deposits, as well as the procedure for their calculation and payment, were discussed above.

If the bank discloses information constituting a bank secret, the client whose rights have been violated has the right to demand the application of liability measures (compensation for losses; compensation for moral damage, if this entailed a violation of his non-property

For demand deposits, the bank has the right to unilaterally change (reduce or increase) the interest rate

Subject of the agreement bank deposit are the actions of the bank to return the deposit amount to the depositor along with the stipulated interest. The deposit can be made both in rubles and in foreign currency. As a general rule, the subject of a bank deposit agreement is its only essential condition. An exception is a bank deposit agreement concluded in favor of a third party by making a deposit into a newly opened account (Article 842 of the Civil Code of the Russian Federation). The essential terms of such an agreement should be considered the subject and name (title) of the person in whose favor the contribution is made

Under for a period of a bank deposit agreement, the term for the return of the bank deposit should be considered. A term can be defined by referring to a specific date, time period or event that must occur (time deposits). The period for fulfilling the bank's obligation can be determined only by the moment of demand (demand deposits). Considering the paid nature of the bank deposit agreement, the bank deposit agreement must contain interest clause , accrued on the deposit amount. However, the absence of this condition in a specific contract does not lead to its invalidity. IN in this case The bank is obliged to pay interest in the amount of the bank interest rate (refinancing rate) existing at the place of residence (location) of the depositor on the day the bank pays the depositor the amount of his deposit (clause 1 of Article 838, Article 809 of the Civil Code of the Russian Federation).

rates for the use of the depositor's funds, unless otherwise provided by the agreement. The decision to reduce the amount of interest, firstly, is subject to notification to the depositor, secondly, can only apply to deposits made before the depositor receives this message from the bank, and, thirdly, comes into force only after a month from the date of notification to the depositor. Clause 3 of Art. 838 of the Civil Code of the Russian Federation does not allow the possibility of a unilateral reduction by the bank of the amount agreed with the citizen depositor interest rate on a time deposit. In accordance with Part 3 of Art. 29 of the Law on Banks, a bank does not have the right to unilaterally change fixed-term bank deposit agreements concluded with citizens in terms of reducing the term of the agreement; reducing interest rates; increasing or establishing commission fees for transactions.

Some banks use several interest rates in bank deposit agreements. Since the law does not prohibit the use of multiple interest rates under one agreement, this practice is not contrary to law.

From paragraph 4 of Art. 837 of the Civil Code of the Russian Federation it follows that in cases where the depositor does not require the return of the amount of a time deposit upon expiration of the term or the amount of the deposit made on other terms of return, upon the occurrence of the circumstances provided for by the agreement, the agreement is considered extended on the terms of a demand deposit. One of the conditions for a demand deposit is a lower interest rate compared to time deposits. Since clause 4 of Art. 837 of the Civil Code of the Russian Federation does not specify which investors are in question, i.e. the basis for the conclusion that it applies to all investors, including individuals. Hence, clause 4 art. 837 Civil Code of the Russian Federation is that by law which authorizes the bank reduce interest rate on time deposits. In this case, the rule of paragraph 3 of Art. 838 Civil Code of the Russian Federation, Part 3, Art. 29 of the Law on Banks is not violated, since the case of reducing the interest rate is established by law, i.e., the Civil Code of the Russian Federation.

A credit institution cannot unilaterally change (reduce or increase) the interest rate stipulated in the certificate, established when issuing the certificate.

02.01.2019

A typical banking transaction is a bank deposit or bank account agreement. It is often believed that this is one type of contract, especially since they have similar general features of design and content. Thus, in both agreements, a bank account is opened for the depositor (bank client).

Funds received from the depositor are not stored in this account, but are only taken into account. From it, at the client’s direction, the bank makes the appropriate calculations. This serves as the basis for the statement that the provisions of the bank account agreement apply to bank deposit agreements. However, this is where their similarities end; contracts are considered independent civil legal agreements.

Treaty differences Differences the said agreements are as follows. 1. Bank deposit relationships can be legally formalized in two ways: by opening an account for a client-depositor into which the client’s funds will be deposited; by issuing to the client securities(this could be a savings or certificate of deposit). 2. The concept of a bank account includes different kinds accounts. Therefore, the rules on the bank account agreement are applicable to the relationship between the bank and the depositor on the account to which the deposit was made, unless something else is provided for in the bank deposit agreement and does not contradict it. In accordance with the bank deposit agreement, one party (the bank), accepting a sum of money (deposit) received from the other party (depositor), undertakes the obligation to return this amount and pay interest on it in the manner and in accordance with the conditions stipulated agreement. The contract is real, since upon its conclusion the deposit is transferred to the bank, and it is also compensatory and unilaterally binding. If a citizen acts as a depositor, the bank deposit agreement is recognized as public. Parties and form of agreement The parties to such an agreement are the bank (sometimes another credit organisation), as well as an individual or legal entity, which is called a depositor. In order to accept deposits, the bank must have a license to attract funds on deposits. This is determined by paragraph 2 of Article 136 of the Law “On Banks and banking" The Law also stipulates that a bank deposit agreement is the only form of attracting deposits. Only banks that have been operating for at least two years have the right to attract funds for deposits from individuals. A bank deposit agreement must be concluded in writing. In case of non-compliance with the form, the deposit agreement is considered void. However, the written form can be considered complied with not only when the parties sign a single document, but also in cases where the contribution is certified savings book, deposit or savings certificate, other document that meets banking rules, legal requirements and business customs. Main elements of the contract Subject of the agreement. It talks about the amount accepted, the obligation to pay interest and the availability of the necessary license. Rights and obligations of the parties. IN general outline talks about the rights and obligations of the bank and the depositor. Contract time. The beginning and end of the contract are indicated. Responsibility of the parties. It talks about the bank's liability for delays in accrual and payment of interest, for failure to fulfill obligations to return the deposit amount. Dispute resolution. It is said that disputes are resolved through negotiations between the parties. Addresses and Bank details sides Types of bank deposits The main division of deposits into types is provided for in Article 837 of the Civil Code of the Russian Federation and is determined by the period for their return. According to this criterion, deposits can be poste restante or urgent. Also, deposits can be divided according to the personality of the depositors into: deposits of individuals; deposits of legal entities. In addition, deposits can be made in favor of the investor himself And for the benefit of third parties. C spruce appointment contributions can be for the birth of a child or for him to reach a specific age, for marriage, pension and others. Rights and obligations of the parties to a bank deposit agreement After the depositor transfers a specific deposit amount to the bank, he receives the right to demand the return of this amount and payment of certain interest. The bank undertakes to return the deposit amount to the depositor and pay interest on this amount in the amount established by the agreement. Interest is paid to the depositor for using it in cash. The parties determine the amount of interest in accordance with bank tariffs, which depend on the term and amount of the deposit. Even if such a condition is absent, the contract is not gratuitous. The interest rate in this case is determined based on discount rate bank interest that exists at the place of residence of the depositor. The bank charges interest from the next day after the deposit is received by the bank until the day it is returned to the depositor or written off for other reasons. In accordance with paragraph 2 of Article 837 of the Civil Code of the Russian Federation, the bank must issue the deposit or part of it upon the first request of the depositor, regardless of the type of bank deposit agreement (demand or fixed-term). At the time of concluding the agreement, the bank must provide the depositor with information on how the return of the deposit will be ensured. It should be borne in mind that ensuring the return of the deposit is different for citizens and legal entities. Methods for ensuring the return of deposits of legal entities are determined by the agreement itself. Deposits of citizens in accordance with the Federal Law “On insurance of deposits of individuals in banks of the Russian Federation” are subject to compulsory insurance. Sample bank deposit agreement AGREEMENT bank deposit Date of conclusion of the contract __________ Place of conclusion of the contract _________ ___________ (name of bank or other credit organization), license Central Bank Russian Federation No. __ dated “___” ____________, hereinafter referred to as the “Bank”, represented by __________ (full name, position), acting on the basis of __________ (charter, regulations, power of attorney), and ___________ (full name of the citizen, passport details), hereinafter referred to as the “Depositor”, collectively referred to as the “Parties”, have entered into this Agreement as follows: 1. THE SUBJECT OF THE AGREEMENT 1.1. The Bank accepts the deposit amount made by the Depositor in the amount of _____ rubles for a period of ___ from _______ to ________ inclusive. 1.2. The Bank undertakes to return the deposit amount upon expiration of the period specified in clause 1.1 of this Agreement and pay interest on it in the manner established by this Agreement. 1.3. The conclusion of this Agreement and the deposit of funds into the Depositor's account on the deposit are certified by a savings book or other document issued by the Bank to the Depositor that meets the requirements provided for such documents by law. 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1. The Bank undertakes: 2.1.1. Accrue and pay to the Depositor monthly (quarterly, in another order) no later than the _____ day of each month interest on the deposit amount, based on the rate of ___% per annum. 2.1.2. The bank is obliged to ensure the return of the deposit by compulsory insurance in ____ for the amount of _____ rubles. 2.1.3. Familiarize the Depositor with the terms and conditions of deposit insurance. 2.1.4. Issue to the Depositor a document certifying the fact of making a deposit. 2.1.5. In case of early withdrawal of the deposit, give the Depositor the amount of the deposit and interest on it in accordance with clause 3.2 of this Agreement. 2.1.6. All transactions on the deposit should be carried out in accordance with the Bank’s procedure for identifying the Depositor’s identity. 2.2. The investor undertakes: 2.2.1. Notify the Bank in writing of your request for early return of the deposit amount (including in the case of an automatically extended deposit period in accordance with clause 3.3 of this Agreement) no later than ___ banking days before the return date. 2.3. The investor has the right: 2.3.1. Receive the deposit amount and accrued interest on the deposit at any time during the deposit period. 2.3.2. At your discretion, at any time, extend the deposit term by concluding an additional agreement, which is an integral part of this Agreement. 3. CONDITIONS AND PAYMENT PROCEDURE 3.1. Interest on the deposit is accrued from the day following the day it is received into the account until the day preceding its return to the Depositor. Interest not claimed within this period increases the amount of the deposit on which interest is accrued. 3.2. In case of early return of the deposit, interest on it is paid at the rate of ____ demand deposit rate in force at the Bank at the time of early return of the deposit, minus interest previously paid in accordance with this Agreement. 3.3. After the expiration of the period specified in clause 1.1 of this Agreement, if the deposit is not claimed by the Depositor and there were no additional instructions from the Depositor to extend the term of the deposit, this period is automatically extended for the period specified in clause 1.1 of this Agreement, on the terms provided for in clause 3.4 of this Agreement. A similar extension of the deposit term occurs in the event of subsequent failure by the Depositor to claim the deposit at the end of the extended deposit period. 3.4. When extending the deposit term in the manner provided for in clause 3.3 of this Agreement, as well as on behalf of the Depositor, interest on the deposit is accrued and paid as follows: 3.4.1. The amount of the deposit, as well as accrued but unpaid interest kept in the Bank for more than the period specified in clause 1.1 of this Agreement, is accrued and paid based on the interest rate ____ of the deposit in force at the Bank at the time of extension of the deposit term. 3.4.2. Interest is paid: - with automatic renewal - with the frequency specified in paragraphs. 2.1.1 of this Agreement; - when signing an additional agreement - with the frequency specified in the additional agreement; — in case of return of the deposit to the Depositor before the expiration of the period for which the deposit term was extended, interest on the deposit amount, as well as on previously accrued but unpaid interest, is paid at the rate of ____ demand deposit rate in force at the Bank at the time of return, minus interest previously paid in accordance with this Agreement. 4. WARRANTIES OF THE PARTIES 4.1. The bank guarantees the return of the deposit and interest on it with all property that, according to the legislation of the Russian Federation, can be foreclosed on. 4.2. The Bank guarantees the Depositor the secrecy of the deposit and information about the Depositor, except for cases provided for current legislation Russian Federation. 4.3. The Bank cannot unilaterally change the amount of interest on the deposit during the deposit period specified in clause 1.1 of this Agreement. 5. RESPONSIBILITY OF THE PARTIES 5.1. If the Bank violates its obligations to return the deposit and pay interest specified in this Agreement, the Bank undertakes to pay the Depositor a penalty in the amount of: — ___% of the amount of actually overdue debt for each day of delay if the deposit was made in foreign currency (the penalty is paid in Russian rubles at the rate of the Central Bank of the Russian Federation on the day of payment); — ___% of the amount of actually overdue debt for each day of delay if the deposit was made in Russian rubles. 6. DISPUTE RESOLUTION 6.1. Disputes arising regarding the execution of this agreement shall be resolved by the Depositor and the Bank through negotiations. If it is impossible to reach mutual agreement, these disputes are resolved in court in the manner established by the legislation of the Russian Federation. 7. OTHER CONDITIONS 7.1. In all other respects that are not expressly provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. 7.2. All changes and additions to this Agreement must be in writing and signed by both Parties. 7.3. This Agreement has been drawn up in two copies, one of which is kept by the Depositor, the second by the Bank. Both copies have equal legal force. 8. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES Bank:___________ Investor: _______ SIGNATURES OF THE PARTIES Bank:___________ Investor: _______ Download a sample bank deposit agreement According to the bank account agreement, the bank is obliged to accept and credit incoming funds to the account that is opened for the client, to carry out the client’s orders to issue and transfer the corresponding amounts from the account and to carry out other operations on the account. By its legal nature, a bank account agreement is compensated, bilateral, consensual and public. The bank, being an organization established to conduct banking operations, does not have the right to refuse a client (with minor exceptions) to conclude a bank account agreement. The terms of the agreement are the same for all bank clients. Parties to the agreement The parties to the bank account agreement are referred to as “bank” and “client”. A bank is a legal entity that carries out Bank operations as an exclusive activity. Banking operations can also be carried out by non-bank credit organizations, but the list of operations they carry out is limited. In order to carry out banking operations, any credit institution must have a license from the Bank of Russia containing a list of permitted operations. Main sections of the agreement Subject of the agreement, rights and obligations of the parties. It talks about opening a current account for a client, as well as the responsibilities of the bank and the client. Responsibility of the parties. The issues of the bank's responsibility to the client for the correctness and timeliness of account transactions and compliance with bank secrecy are revealed. As well as the client’s responsibility for the accuracy of documents. Contract time. It is indicated that the agreement is valid from the moment of its signing, and its expiration date is also indicated. Additional terms and conditions. This section talks about the conditions for terminating the contract at the request of each party. Dispute resolution. Disputes and disagreements under the contract are resolved through negotiations, and if impossible, through arbitration. Addresses and bank details of the parties Rights and obligations of the parties The bank has the right to use funds that are in the client’s account. For this, he pays the client interest, the amount of which may not be specified. If there is no agreement on the amount of interest, then it must correspond to the interest that the bank pays on demand deposits. Having concluded a bank account agreement, the bank must open an account for the client within the period specified in the agreement. In the future, the bank’s responsibilities include performing transactions on the account that are determined by the parties in the bank account agreement. All operations on bank account comprise two groups: crediting funds to the account and debiting them from the account. The bank's responsibilities include crediting funds received to the client's account. They can be received from the client himself (cash deposit into the account, transfer from another account); on behalf of the client (issuing a payment request or other document for collection); without the client’s instructions (money from his counterparties). The bank is obliged to write off funds from the account on behalf of the client. He can instruct the bank to transfer funds: to another account; to your counterparties; to the budget and extra-budgetary funds. The basis for writing off funds can be bills, payment orders, checks. The bank is also obliged to: credit money to the client’s account the next day after the bank receives the payment document. Shorter terms are determined by the bank account agreement. keep records of money in the client’s account, as well as all transactions on the account carried out by him. maintain the secrecy of the bank account, client information and account transactions. The account owner must, within 10 days after receiving the statements, notify the bank in writing of the amounts that were erroneously recorded as a credit or debit to the account. If no objections are received from the client within the specified time frame, the transactions performed and the balance in the account are considered confirmed. Types of bank accounts Depending on the volume of settlement transactions, accounts can be settlement, current and special (budget, currency, deposit, loan). By object, accounts can be ruble and foreign currency. Depending on the composition of the subjects of the agreement, accounts are divided into interbank and client. For the use of technical means that formalize the relationship of the parties to the contract, it is possible to distinguish card accounts. Bank cards can be used to open settlement, current and some special accounts. Conditions required for termination of the contract The bank account agreement may be terminated at any time at the request of the client. Unless something else is provided for in the agreement, when there are no funds or transactions on this account in the client’s account for two years, the bank has the right not to fulfill the bank account agreement, but only by warning the client about this in writing. The agreement is considered terminated two months after the bank sends a warning if funds have not been received into the client’s account during this time. In connection with the bank’s demand, the bank account agreement may be terminated by the court in the following cases: if the amount of funds held in the client's account becomes lower minimum size, which is provided for by the contract or banking rules, if the client does not recover such an amount within a month after warning the bank; if there are no transactions on this account during the year, unless something else is provided for in the agreement. The remaining funds in the account are issued to the client or, at his direction, are transferred to another account no later than seven days after receiving a written application from the client. Sample bank account agreement AGREEMENT bank account Date of conclusion of the contract _________ Place of conclusion of the contract ________ __________ (name of the bank), license of the Central Bank of the Russian Federation N ___ dated “___” ________ ___, hereinafter referred to as the “Bank”, represented by ___________ (full name, position), acting on the basis of ___________ (Charter, regulations, powers of attorney) on the one hand, and __________ (name of the organization), hereinafter referred to as the “Client”, represented by _________ (full name, position), acting on the basis of ___________ (Charter, regulations, power of attorney, passport), on the other hand, collectively referred to as the “Parties ", have entered into this agreement as follows: 1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS 1.1. The Bank opens a current account N ___ for the Client and undertakes to accept and credit funds received to the account, carry out the Client’s orders to transfer and withdraw the corresponding amounts from the account and carry out other operations on the account in accordance with the current legislation of the Russian Federation. 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 _________ account (specify the type of account) no later than __ after the Client submits to the Bank an application for opening a bank account with mandatory attachments for opening a bank account, which is considered as an offer and the Bank performs implied actions to open an account, which are considered as acceptance . 2. CERTIFICATION OF THE RIGHT TO MANAGE MONEY WITH 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 submitting the following documents to the Bank: _______. 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 the right to dispose of sums of money, located on the account, electronic means of payment 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 3.1. The Bank undertakes: 3.1.1. Perform for the Client operations provided for for accounts of this type by law, banking rules established in accordance with it and business customs applied in banking practice. 3.1.2. Credit funds received to the Client's account no later than the day following the day the Bank receives the relevant payment document. 3.1.3. By order of the Client, issue or transfer the Client's funds from the account no later than the day following the day the Bank receives the relevant payment document, unless other deadlines are provided for by law and banking rules issued in accordance with it. 4. ACCOUNT CREDIT 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 of such payment. 4.2. The rights and obligations of the parties related to crediting the account are governed by the rules on loans and credit established by the legislation of the Russian Federation. 4.3. Lending under this Agreement is carried out on the following terms: 4.3.1. The loan amount (limit) is _____ rubles. 4.3.2. Return period credit funds — _______. 4.3.3. The procedure for returning loan funds is ______. 4.3.4. Interest for using credit funds is ________. 5. PAYMENT OF BANK EXPENSES FOR COMPLETION ACCOUNT OPERATIONS 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 clause 5.1 of this agreement is charged by the Bank after ____ (every month, every quarter, etc.) from the Client's funds in the account. 6. INTEREST FOR USE OF BANK FUNDS, ON 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. The interest amount is credited to the account after ______. 6.2. The interest specified in clause 6.1 of this agreement is paid by the Bank in the following amount: ________. 7. SETTLEMENT OF COUNTER CLAIM OF THE BANK AND CLIENT ACCOUNT 7.1. The Bank's monetary claims to the Client related to crediting the account and payment for the Bank's 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. GROUNDS FOR WRITTING MONEY FROM THE ACCOUNT. WRITTEN-OFF SEQUENCE 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 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 requirements presented to the account, these funds are written off from the account in the order in which the Client's orders and other documents for write-off are received (calendar priority). 8.4. If there are insufficient funds in the account to satisfy all demands placed on it, funds are written off in the order prescribed by law. 9. RESPONSIBILITY OF THE BANK FOR DELAY OF CREDITS AND UNREASONABLE WRITTEN OF MONEY 9.1. In cases of untimely crediting of funds received to the Client’s account or their unjustified debiting by the Bank from the account, as well as failure to comply with the Client’s instructions to transfer funds from the account or to issue them from the account, the Bank is obliged, at the Client’s request, to perform the corresponding operation, as well as to pay for this amount interest in the amount of ___% for each day of delay and reimburse losses in the part not covered by interest. 10. BANK SECRET 10.1. The Bank guarantees the secrecy of the bank account, account transactions and information about the Client. 10.2. 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 order, provided by law. 10.3. 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. 11. FINAL PROVISIONS 11.1. 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. 11.2. Genuine contract is considered changed if the Bank has received the Client’s application to terminate the agreement or close the account. The Bank's obligation to lend is terminated, and the Client, in accordance with the terms of this Agreement, must return the actually received loan amount and pay interest for use. 11.3. If there are no funds in the Client’s account and no transactions on this account within two years, the Bank has the right to refuse to fulfill the bank account agreement by notifying the client in writing. This agreement is considered terminated after two months from the date the Bank sent such a warning, if funds have not been received to the Client’s account within this period. 11.4. Upon termination of the agreement, 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. 11.5. Termination of this agreement is the basis for closing the Client's account. Termination of the bank account agreement and closure of the account occur simultaneously. 11.6. This agreement has been drawn up in two copies, one of which is kept by the Bank, the second by the Client. Both copies have the same legal force. 11.7. All changes and additions to this agreement are made in writing signed by each of the Parties. 11.8. On all issues not regulated by this agreement, the Parties are guided by the current legislation of the Russian Federation. 11.9. All disputes and disagreements will be resolved by the Parties through negotiations. If the Parties do not come to an agreement, the materials on this conflict are submitted to the court for consideration in accordance with the current legislation. 11.10. This agreement comes into force from the moment the Bank receives from the Client an application to open a bank account and the documents provided for in clause 2.1 of this agreement. 12. ADDRESSES AND BANK DETAILS OF THE PARTIES

Today, a bank deposit (deposit) is the simplest and most reliable tool for saving and accumulating funds. It is the reliability and ease of use that make it so popular among the population. However, despite its apparent simplicity, a deposit, like any financial instrument, has its own characteristics and characteristics, ignorance of which can lead to dire consequences. Therefore, in this article we will tell you what a bank deposit is, what types of deposits can be found in Russian banks and what conditions they are characterized by.

Definition of contribution

Deposits are funds of the population, enterprises and organizations transferred to the bank for storage at interest and on the terms determined by the bank deposit agreement.

In Russia, all relationships between a depositor and a credit institution are built on the basis of a bank deposit agreement, which in turn is regulated civil code RF (Chapter 44). Not all banks can attract funds into deposits, but only those that have been granted such a right by a special license issued by the Central Bank of the Russian Federation.

Deposits in Russian banks can be opened by both citizens of the Russian Federation - from the moment they reach the age of 14, and Foreign citizens Moreover, a bank deposit agreement can be concluded in favor of a third party.

Types of bank deposits in the Russian Federation

It is worth noting that in accordance with the Civil Code of the Russian Federation The bank cannot unilaterally change the term of the agreement and the interest rate on a term deposit.

On the reliability of deposits in Russian banks

As follows from the definition, a deposit is a financial instrument used to save funds and receive interest income, therefore, its reliability (the probability of losing invested funds) and liquidity, i.e. opportunity to quickly return money.

The reliability of bank deposits is guaranteed by the state and is regulated by the Federal Law “On insurance of deposits of individuals in banks of the Russian Federation”. According to the law of the Russian Federation, in the event of bankruptcy of a credit institution, the depositor is guaranteed to receive insurance compensation for his savings. Currently, the maximum amount of insurance compensation for deposits (accounts) of individuals, including individual entrepreneurs, amounts to 1.4 million rubles. That is, when placing funds on a bank deposit, you need to understand that there is a risk of losing funds in excess of the amount insurance compensation(over 1.4 million rubles).

Repayment bank deposit is ensured by Article 837 of the Civil Code of the Russian Federation, which states that 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 a client - an individual. note, if the agreement states that the depositor waives the right to receive the deposit upon request, this condition is considered void. The only thing a credit institution can do in the event of a deposit being returned upon request is to recalculate the accrued interest at a lower rate.

Alternative ways to save and accumulate funds

In conclusion, let's look at alternative ways savings and cash savings offered Russian banks. Currently, there are two ways to store your savings that are closest to deposits, but at the same time different from them: savings certificates and unallocated metal accounts (OMA).

Savings certificates are a written certificate from the bank about the placement of funds by the depositor, certifying the depositor's right to receive the deposit amount and interest upon expiration of the agreed period. They can be used by both physical and legal entities. The denomination of the certificate can only be Russian ruble. All certificates are urgent, and their main advantage is high stakes that are offered to clients. There is only one drawback - bearer certificates are not covered by the deposit insurance program.

Another alternative savings product is a deposit into precious metals, better known as an impersonal metal account - compulsory medical insurance. Enrollment in compulsory medical insurance and issuance can be carried out directly in precious metals or in money (in this case, the bank buys/sells metal for rubles or currency at current rate). Profitability of this financial instrument depends on changes in the value of the metal, and, accordingly, if the rate of compulsory medical insurance falls, it will generate a loss. In addition, this method of saving is not covered by the deposit insurance system.

An individual means funds in Russian or foreign currency that are placed by him in a bank for the purpose of storing and receiving income in the form of interest (clause 1 of Article 834 of the Civil Code of the Russian Federation).

A bank deposit agreement must be concluded in writing and reflect the conditions on the amount of the deposit, the currency of the deposit, the procedure for calculating interest, the procedure and terms for returning the deposit, and others.

1. Bank deposit amount- this is the total amount of money deposited by the depositor into the bank, on which interest is charged.

Note! Mandatory state insurance of bank deposits of individuals covers deposits in one bank in the amount of no more than 700 thousand rubles. (Clause 2 of Article 11 of the Law of December 23, 2003 N 177-FZ).

2. Bank deposit term represents a period of time, measured in days, months or years, during which a depositor's funds are held by the bank.

Depending on the period of depositing funds into the bank, deposits are divided into two main types: demand and time deposits. Demand deposits are not subject to a term and are issued to the depositor on demand, while time deposits are issued after the expiration of the period specified in the agreement (clause 1 of Article 837 of the Civil Code of the Russian Federation).

3. Deposit currency. Banks can place deposits in rubles and foreign currency (Article 36 of Law No. 395-1 of December 2, 1990). The mixed contribution is the so-called multicurrency deposit, according to which the deposit of funds, as well as the return of the deposit, can be made in various currencies of the client’s choice. Such deposits allow the client to receive additional income due to currency fluctuations.

In addition, funds can be deposited in precious metals, for which a special metal account is opened for the investor. The profitability of such a deposit depends on market quotes for precious metals.

4. Interest on deposit. The agreement must reflect the interest rate on the deposit, expressed as a percentage per annum. - this is the income of the depositor paid to him by the bank for the temporary use of funds placed in the deposit, calculated as a percentage of the deposit amount for a certain period of time.

The interest rate can be fixed or floating, that is, dependent on changes in a variable value provided for in the agreement, for example, the refinancing rate of the Bank of Russia.

Note. The refinancing rate of the Bank of Russia can be found on its official website.

Interest on a deposit can be calculated in two ways:

• on the initial deposit amount without taking into account interest accrued on it (method simple interest);
• on the deposit amount taking into account previously accrued interest (capitalized interest method).

Note! The amount of interest on time deposits cannot be reduced by the bank unilaterally (clause 3 of Article 838 of the Civil Code of the Russian Federation). For demand deposits, the bank has the right to unilaterally change the interest rate, unless this is prohibited by the deposit agreement (clause 2 of Article 838 of the Civil Code of the Russian Federation).

5. Procedure for returning the deposit. If the depositor does not require the return of the term deposit amount upon expiration of the term, the agreement is considered extended on the terms of a demand deposit, unless otherwise provided by the agreement (Clause 4 of Article 837 of the Civil Code of the Russian Federation).

If a time deposit is returned to the depositor upon his request before the expiration of the term, interest on it is paid as on demand deposits, unless otherwise provided by the agreement (Clause 3 of Article 837 of the Civil Code of the Russian Federation).

The return of the deposit to the depositor may be conditioned by the occurrence of some event, for example, the child in whose name the deposit was opened reaches the age of majority. Such a condition must be provided for in the contract.

Note! Typically, interest rates on demand deposits are lower than on time deposits. Thus, if a time deposit is returned prematurely, there is a risk of losing part of the income on the deposit in the form of interest.

6. Replenishment and partial use of deposit funds. A bank deposit agreement may provide for the right of the depositor to replenish the deposit or partially spend it.

Note! Partial withdrawal of funds from the deposit is usually possible up to a minimum amount down payment established for this type of deposit. If, when spent, the balance becomes less than the minimum amount of the down payment, the deposit agreement will be considered terminated early.

7. Additional services of the bank or third parties. When concluding a bank deposit agreement, the bank may offer the depositor to use it additional services or services of third parties which may entail additional expenses. An example of this type of service could be a life insurance agreement between a depositor and an insurance company or an agreement for the provision of brokerage (dealer) services for transactions on the stock market.

Note! The bank cannot condition the conclusion of a bank deposit agreement mandatory purchase other goods or services (clause 2 of article 16 of the Law of 02/07/1992 N 2300-1).