Commercial law. Concept and forms of non-cash payments (lecture notes)

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Commercial law. Concept and forms of non-cash payments (lecture notes)

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LECTURE No. 58. The concept and forms of cashless payments

In commercial activities between entities, it is customary to use non-cash forms of payment. Non-cash payments are banking operations that consist in the transfer of conditional monetary forms from the payer's account to the recipient's account, bypassing the direct exchange of cash between them. Non-cash settlements are carried out through credit institutions or the Bank of Russia on accounts opened on the basis of a bank account agreement or a correspondent account (subaccount) agreement, unless otherwise established by law and not stipulated by the form of payment used. Non-cash payments are made between legal entities in the amount of more than 60 thousand rubles. Each enterprise, organization can have only one current account. A current account is opened for all enterprises, regardless of the form of ownership, operating on the principle of commercial settlement and having the status of a legal entity. The owner of the current account manages his funds on the account, acts as an independent payer of payments due from him to the budget, has the right to enter into other relations with the bank. A current account is opened by an organization or institution that is not engaged in commercial activities. Current accounts are opened by public organizations. The independence of the owner of the current account is severely limited: he can manage the funds only in accordance with the estimates of the higher organization. To open a current account, you must submit the following documents:

1) an application for opening a current account;

2) a copy of the memorandum of association;

3) a copy of the articles of association;

4) a document confirming the powers of the head;

5) a document confirming the powers of the chief accountant;

6) two cards with samples of signatures of officials of the organization and seal imprints;

7) certificate of tax registration.

The main types of transactions carried out with non-cash payments are:

1) the order of the payer (client or bank) to write off funds from his account and transfer them to the account of the recipient of funds;

2) an order from the recipient of funds (collector) to write off funds from the payer's account and transfer them to the account indicated by the recipient of funds (collector).

Forms of non-cash payments are:

1) payment orders;

2) payment requests;

3) settlements under a letter of credit;

4) settlements for collection;

5) settlements by checks;

6) in other forms (for example, by credit cards).

Forms of non-cash payments are chosen by bank customers independently and are provided for in contracts they conclude with their counterparties.

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