On 01.07.2014 the amendments to the Civil Code, which the Russians were allowed to open joint accounts with relatives.On fact, the prospects and terms of service, you will learn from this article.
Background
first attempts to enter the nominal account were made in 2007.Then actively developed mortgage market.In other countries, 80% of real estate transactions are using escrow accounts.The basic idea of their introduction is to reduce the risks in transactions with intermediaries, which act as real estate agents.
changes in legislation appeared in 2014.Now, citizens will be able to take advantage of two new services.Open nominee account and make transactions with funds belonging to the beneficiary.Or use an intermediary (escrow) in transactions.
essence
Rated by - a cell in the bank, which opens the third person to complete transactions with the means of the beneficiary.Service contract may be concluded without the participation of beneficiary.If the nominal account in Sberbank offers several beneficiaries, the credit institution should take into account the interests of each of them in the context of special items, unless otherwise specified in the contract.
The agreement should be spelled out the procedure for obtaining information on disposal, as well as the level of the person who opened the account and the beneficiary.The contract may be entrusted to the bank the duty to monitor the procedure and grounds for the use of funds.Suspension of operations, arrest and charge-off of money for the obligations of the account holder is not allowed.In the case of the beneficiary this would require court approval.
If the nominee account with a bank opens a commercial organization, it is recognized under Article 40702. Then, according to the Central Bank Regulation number 385-P, the institution is required to transmit the information to the tax.If the application is submitted by an individual, all traffic will be displayed on the article 40802, which falls under the Federal Law "On Deposit Insurance".The obligation of the bank - to control the settlement of escrow - not required by law, that is to be regulated by the contract.
Escrow
Bank opens a special account for the accounting of funds received from the owner (depositor) in order to transfer them to the beneficiary on the basis stipulated by the contract.Compensation escrow can not be charged to the funds for the cell if it is not provided in the document.Such accounts are governed by the general provisions of the bank.
Admission to the escrow depositor other means, other than the amounts specified in the contract is invalid.Parties may use the money only when the occurrence of specified conditions.But they have the right to request a printout of the account and other information that comprise the bank secrecy.Account shall be closed at the end of the contract period.The written request of the parties in this case have no effect.
Rated account can open the attorney, commission agent, agent, executor of the will to carry out transactions with the means of the beneficiary.The agreement prescribes the procedure for obtaining information on the use of money.The main feature of the escrow that he does not open for the accumulation of funds, and to fulfill the commitments.Typically, real estate transactions.The scheme is as follows: the buyer apartments open escrow and puts him a certain amount.Upon completion of the transaction the seller gets the money after provide documents confirming the transfer of ownership.
Destination
In Europe, nominal account used for settlement between the parties, market participants maritime transport, as well as in construction.It makes it easier to obtain a bank guarantee for favorable conditions.This service is also actively using lawyers and notaries in their work.Online stores use it to secure payment of the goods by the buyer.Any transaction that involves the presence of certain conditions, can be carried out with such accounts.Especially if there is a need for additional control.
An alternative method
New accounts can be used for personal purposes.For example, if the client is on the content of a brother who lives in another city, you can open a cell bank and control the cost of funds.The documents must be filed in the name of a relative, but the beneficiary - the person who is funding it.Access to a bank certificate is only for the beneficiary.The contract can be assigned to other restrictions.For example, to specify that the money is to be used only for the payment of utilities, and cash withdrawals from the account - ban.
Problems of implementation
In world practice widely used joint accounts, but the Russians have a lot of questions about the purpose of the transaction.Today, the real counterparts are a letter of credit and escrow deposit box.However, these lending institutions offer a service not always.
Specialists also raises a lot of questions.For example, an agent who becomes the lender, if the bank will withdraw the license?Most likely, it will have to identify the insurer, or to work through the court.But for this procedure, compensation should be clearly formalized at the legislative level.
banks in Kazakhstan and Kyrgyzstan have long offered mediation service to its customers.Opening of the nominal account and his service is not cheap.Depending on the institution and the goals, the cost can range from 1 to 10 thousand. Rubles.During the opening of the letter of credit in Kazakhstan will have to pay three times more.Russian banks are in no hurry to offer a long escrow customers, since the introduction of the law was not supported by the instructions of the Central Bank.
Insurance compensation
all bank deposits protected by the Russian state.Even the insured salary, which is transferred to the account.In bankruptcy the bank's owners plastic should get a refund techenie14 days after the credit institution would withdraw the license.
in the calculation of compensation includes all the interest due on the deposit.However, the maximum amount per person is limited to 1.4 million rubles.(2015), that is, if the client opened several deposits in one bank, for example, in different branches, when the insured event will be taken into account the total amount of funds on all accounts.Reimbursement on foreign currency deposits are paid in rubles at the Central Bank.Here is the standard procedure.
on joint accounts have questions.If some of the beneficiaries, the share of each must be clearly defined.From this value depends on the amount of compensation that the investor will receive.The legislation provides for the owners to allocate money only if the arrest and termination of the contract.Instructions on the action with the liquidation of the organization appeared recently.
If, for example, rated the bank account opened several beneficiaries in the amount of more than 14 mln., The amount of insurance compensation will be calculated on the basis of the overall balance, and not separately for each beneficiary.This is the logic.If the cell together, and the amount of compensation to be distributed to all participants.
From 2015 to sign a contract nominee accounts can only institutions in which 50% of the capital owned by the state.With the introduction of services banks faced a number of problems: lack of the necessary software and internal regulations governing the procedure for maintenance.Therefore, the choice of organizations is limited.
Rated by guardian
Previously, all relying ward credited to his cell in the bank.The guardian can withdraw each month without the permission of the public agency an amount not exceeding the subsistence level.Under the new rules, all due to a minor person to arrive at a nominal payment account in the third person.Guardian may use the funds in full without permission.
Rated by - a deposit box to which shall be credited pension, alimony, and other amounts payable for the maintenance of the ward.The exceptions are the salaries and stipends to students.Rated by Guardian opens on presentation of the document from the body of guardianship.For the conclusion of the agreement is necessary to provide the beneficiary data: name, date and place of birth, certified photocopy of the identity document of the ward, residential address.Contract nominee account may be capable of transferring the balance of the deposit box, open to other institutions or the issuance of cash subject to the closing of the current guardian.Funds can be collected to pay for the obligations of the ward only by court order.
pledge account
amendments to the Civil Code was created by another type of deposit boxes.Monies received by the creditor from the debtor, may be credited to a special escrow account.This option appears after the transfer of a copy of the contract.At the request of the mortgagee bank must provide information on the balance of committed transactions, prohibitions and restrictions.All penalties are written off, in accordance with Art.349 of the Civil Code, a debtor's pledge account.In such a cell bank not subject to rules on the sale of property (Art. 350-350.2 of the Civil Code), as well as the rules of collection of funds (Sec. 45 of the Civil Code).
Conclusion
Following the amendment of the Civil Code on the wound of banking services, new types of accounts: the nominal and Escrow.Such cells may open the third party, but the right to the funds belong to the beneficiary.What is the nominal account guardian?This cell bank, which credited funds for the maintenance charges.In the world practice open escrow when buying a property, to guarantee the payment transaction.Russians still wary of the new service.And the number of institutions where you can open a joint cell is limited.
