BANK DEPOSIT
(Deposit agreement) is an agreement whereby one party (the bank), has accepted the request by the other party (depositor) or entered a sum of money for it (deposit), shall repay the amount of the deposit and pay interest on it to the conditions and procedures, stipulated in the contract.
The agreement is a real, one-sided and compensated. Contract BV, in which the depositor is a citizen is a public contract.
Subject of the contract - the amount of money (deposit) expressed in Russian rubles or foreign currency. Receiving contributions (in cash or non-cash) is accompanied by the opening of a deposit account. After contributing to the bank acquires ownership of it, and the depositor, in turn, acquires the right of claim to the bank for the return of the deposit amount and interest thereon at the same time any obligation owed to the bank he did not
arise.
Contract parties - the bank and the depositor. Depositor may be any legal or natural persons. The bank or other credit institution must have a license to carry out banking operations,
providing for their right to raise funds on deposit.
Depending on the established agreement about the return of deposits, they are divided into demand deposit (issue of deposits upon demand) and fixed deposit (deposit refund after a certain period of the contract). Contract may provide for the introduction of deposits on other return conditions are not contrary to law. Contract may provide for the introduction of deposits on other conditions for their return, but not contrary to the law. Among them conditional deposits, payment for which is made in certain circumstances, the conditions specified in the contract.
The contract must be concluded in written form in two copies. contract form is considered to be observed if contributing certified passbook savings or deposit certificate
or other document issued by the bank to the depositor that they meet the requirements stipulated by the law for such documents, established in accordance with banking rules and applied in the banking business practices. Failure to comply with the written form of the contract BV is nonexistent and the contract is null and void.
Given the onerous nature of BV treaty obligation of the bank - to pay the depositor interest. Their size is usually set in the contract. Interest shall be calculated from the day following the day of receipt of the deposit amount to the bank, until the day preceding the repayment of the depositor or its write-off from the account of the depositor on other grounds.
If the contract provides otherwise, the bank on demand deposits shall be entitled to unilaterally change the interest rate for the use of investor funds. The bank's decision to increase the interest rate comes into force in accordance with its order and can not be brought to the attention of the depositor, and after a month apply to deposits.
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