Banking audit. Deposit operations of legal entities, document flow, possible violations (the most important)

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Banking audit. Deposit operations of legal entities, document flow, possible violations (the most important)

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24. Deposit operations of legal entities, document flow, possible violations

Legal entities can place their temporarily available funds in deposit accounts with a commercial bank in order to generate additional income. However, legal entities cannot transfer funds held in deposits to other persons.

The accounts of deposits of state enterprises and organizations reflect transactions only for the accounting of deposits. It is prohibited to provide legal entities with the opportunity to actually open additional current accounts: agreements for the provision of deposits must stipulate the period for the bank to use temporarily free funds of legal entities, and must not provide for the unimpeded spending of credited funds at the client’s direction. Thus, legal entities should not be able to conduct transactions regardless of the presence of claims to the current account in violation of the order of payments, use the account to accumulate funds that do not belong to them, and then spend them on various transactions.

For legal entities, banks can offer the following types of deposits:

1) open - funds invested in a bank account.

Among this type of deposits there are:

a) demand deposits, for which there are no restrictions on amounts, periods of storage of funds and their issuance must be made upon the first request of the depositor;

b) time deposit opened for a specific period;

c) quasi-term deposit without a specific storage period;

2) closed;

3) safe.

Deposits from legal entities are accepted in a non-cash manner. Enterprises and organizations submit a payment order to their bank, on the basis of which funds are credited. When opening a deposit, an agreement is concluded with the client in two copies, one of which remains in the bank, and the other with the client. To open a deposit account in a bank, the client must submit a certificate to the bank about registering the account with the Tax Inspectorate. Interest on the deposit is paid at the end of its term. They can be paid through the cash register or by bank transfer. Closing a legal entity's deposit account also occurs in a non-cash manner.

The most common violations of the procedure for conducting deposit operations are:

1) Lack of internal documents regulating the procedure for conducting deposit operations.

2) The absence in the bank deposit agreement of the required details of the deposit amount, interest rate, term of attraction, as well as the inclusion in the agreement of a condition that contradicts banking legislation and regulations of the Central Bank of the Russian Federation.

3) Attracting funds into deposits in the presence of restrictions or a ban on deposit operations.

4) The timing of recording funds on balance sheet accounts does not correspond to the period established in the deposit agreement.

5) Failure to transfer the balance of funds on the deposit account to the demand account at the end of the agreement (in the absence of an additional agreement or clause in the deposit agreement on automatic prolongation).

6) Absence of a deposit agreement with the depositor's personal account.

7) Untimely and incorrect calculation of interest on the deposit.

8) Formation of funds in the deposit accounts of clients of legal entities by depositing cash into the cash desk of a credit institution or paying interest and deposit amounts to legal entities in cash.

Author: Shevchuk D.A.

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