Banking law. Bank account (most important)

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Banking law. Bank account (most important)

Lecture notes, cheat sheets

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40. Bank account

When concluding a bank account agreement, a bank account is opened for the client or the person indicated by him on the terms agreed by the parties. Under the bank account agreement, the bank undertakes: to accept and credit funds received to the account opened by the client (account holder); fulfill the client's instructions on transferring and issuing the appropriate amounts from the account and performing other operations on the account.

The following types of accounts are distinguished: settlement, current, deposit (deposit), currency, budget, loan, card (special card account), etc.

Bank:

1) is obliged to conclude a bank account agreement with a client who has applied with an offer to open an account on the conditions announced by the bank for opening accounts of this type, corresponding to the requirements provided for by law and banking rules established in accordance with it;

2) is not entitled to refuse to open an account, the performance of relevant transactions for which is provided for by law, the bank's constituent documents and the permission (license) issued to it, except in cases where such a refusal is caused by the bank's inability to accept banking services or is allowed by law or other legal acts and determine and control the directions of use of the client's funds and establish other restrictions not provided for by law or the bank account agreement on his right to dispose of the funds at his own discretion;

3) can use the funds available on the account, guaranteeing the right of the client to freely dispose of these funds.

The bank is obliged to perform operations for the client provided for accounts of this type by law, banking rules established in accordance with it and business practices applied in banking practice, unless otherwise provided by the bank account agreement (credit, issue or transfer).

The debiting of funds from the account is carried out by the bank on the basis of the client's order and without the client's order - it is allowed by a court decision, as well as in other cases established by law or provided for by an agreement between the bank and the client.

Cash requirements:

1) a bank to a client related to crediting an account (Article 850 of the Civil Code of the Russian Federation) and payment for bank services (Article 851 of the Civil Code of the Russian Federation);

2) as well as the client to the bank on the payment of interest for the use of funds (Article 852 of the Civil Code of the Russian Federation), - are terminated by offset (Article 410 of the Civil Code of the Russian Federation), unless otherwise provided by the bank account agreement.

The credit institution bears property liability for improper performance of operations on the account. There are the following types of violations of the bank account agreement: untimely crediting of funds received by the client to the account; unreasonable debiting by the bank of funds from the account; failure to comply with the client's instructions to transfer funds from the account; failure to comply with the client's instructions to withdraw funds from the account. In all these cases (in the presence of these violations), the bank is obliged to pay interest on this amount in the manner and in the amount provided for in Art. 395 of the Civil Code of the Russian Federation, that is, based on the refinancing rate of the Central Bank of the Russian Federation for each day of delay.

The bank account agreement can be terminated on the initiative of: a credit institution (court decision) and a client (at any time).

The balance of funds on the account is issued to the client or, at his instruction, transferred to another account no later than seven days after receiving the corresponding written application from the client.

Termination of the bank account agreement is the basis for closing the client's account.

Author: Belousov D.S.

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