Legal encyclopedia. Letter B

BANK ACCOUNT

- agreement, under which the bank undertakes to accept and credit incoming to the account opened to the client (the account holder), funds, to execute the client's orders for transfer and issue of the corresponding amounts from the account and for conducting other operations on the account (clause 1, Article 845 of the Civil Code of the Russian Federation ).

The contract is compensated,

Consensual, since it is not at the moment of crediting funds to the account, but at the moment when the parties reach an agreement on all the essential terms of the contract.

Parties to the contract - the bank, including another credit organization that holds a license, and the client (the account holder). As a client, any legal and natural persons, including minors, can act. The bank is obliged to conclude a bank account agreement with a customer who has applied to open an account for the conditions announced by the bank for opening accounts of this type, meeting the requirements provided for

The law and the banking rules established in accordance with it.

The Bank has no right to refuse to open an account, except in cases when such a refusal is caused by the absence of the bank's ability to accept for banking services or is allowed by law or other legal acts.

Subject of the agreement - funds held in the client's bank account with which the transactions specified in the contract are performed.

Account types:

1) settlement, open to all commercial organizations for the performance of any transactions provided for in the bank account agreement;

2) current, which is opened for some institutions in the absence of their commercial activities;

3) budgetary, opening to the subjects who have the right to dispose of budgetary funds;

4) the current foreign currency account opening for the transfer of foreign exchange earnings;

5) correspondent, which opens in the settlement and cash centers.

For the BS agreement, a simple

Written form. To open an account, customers must submit to the bank the following documents: application for opening an account; Constituent documents; A card with samples of signatures of the head and the chief accountant.

The content of the contract is

Set of rights and obligations of the bank and the client. The main duties of the bank are: storage of bank secrecy and proper execution of operations on the account. Banking operations are actions that the bank commits on behalf of the client. These include: the acceptance and crediting of funds that flow to the client, the execution of the client's orders for transfer of funds from the account, the issuance of cash from the account, crediting of the account, accounting bills. If there is no money in the account, the bank should not fulfill the client's instructions, but in the bank account agreement of any kind the parties have the right to include the condition of the bank granting a loan in case of temporary absence of funds on the client's account (overdraft).

The duties of the client are observance of banking rules when performing operations on the account and payment of bank expenses for the performance of operations on the account (if provided for

Contract).

Responsibility for failure to perform or improper performance of obligations under the BS contract is reciprocal.