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Civil law. Part II. Rights and obligations of the parties under a bank account agreement (the most important)

Lecture notes, cheat sheets

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87. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE BANK ACCOUNT AGREEMENT

Bank Responsibilities:

a) receive and credit funds received to the account;

b) to fulfill the client's instructions on the transfer and issuance of amounts from the account and to carry out other operations on the account;

at) execute the client's instructions to debit funds from the account at the request of third parties, including those related to the client's fulfillment of its obligations to these persons, provided that the instructions contain the necessary data to identify the person entitled to submit a claim;

d) perform operations for the client, provided for accounts of this type by law, banking rules and business customs;

d) credit the funds received to the client's account no later than the day, next. after the day of receipt of the corresponding payment document by the bank;

f) issue by order. client or transfer funds from the client's account no later than the day, next. after the day of receipt of the corresponding payment document by the bank;

g) pay interest for the use of the client's funds, crediting them to his account within the terms stipulated by the agreement;

with) to write off funds from the account on the basis of the order. client;

and) to write off funds in case of their insufficiency on the client's account to satisfy all the requirements presented to him in the next. sequence: in the 1st turn - according to the performer. documents providing for the transfer or withdrawal of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony;

▪ in the 2nd - by execution. documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working under an employment contract, for the payment of remuneration to the authors of the results of intellectual activity;

▪ in the 3rd - according to payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment contract, as well as for contributions to extra-budgetary funds;

▪ in the 4th - according to payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the 3rd stage;

▪ in the 5th - by execution. documents providing for the satisfaction of other monetary claims;

▪ in the 6th - according to other payment documents in calendar order.

Bank rights: use the funds available on the account, guaranteeing the right of the client to freely dispose of these funds; charge the client a fee for transactions with the funds in his account after each quarter from the client's funds in the account.

The Bank is not entitled: refuse to open an account for the client, to perform relevant operations on the cat. provided by the law, the constituent documents of the bank and the permission (license) issued to it; determine and control the directions of use of the client's funds.

Client Responsibilities: compliance with banking rules when making transactions on the account; payment of bank expenses for transactions on the account.

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