What is a nominal account? Appointment and opening of a nominal bank account

On 01.07.2014, amendments to the Civil Code came into effect, according to which Russians were allowed to open joint accounts with relatives. On the essence, prospects and terms of service you will learn from this article.

Prerequisites

The first attempts to introduce a nominal account were made back in 2007. Then the mortgage market was actively developing. In other countries 80% of real estate transactions are conducted using escrow accounts. The main idea of their implementation is to reduce the risks in transactions with intermediaries, which are agents of real estate.

Changes in the legislation appeared in 2014. Now citizens will be able to use two new services. Open a nominal account and perform transactions with funds that belong to the beneficiary. Or use the services of an intermediary (escrow) when making transactions.

The Essence

A nominal account is a cell in a bank that a third party opens to make transactions with the beneficiary's funds. A service contract can be concluded without the participation of the beneficiary. If a nominal account in the Savings Bank is opened to several beneficiaries, the credit organization must take into account the interests of each of them in the context of special articles, unless otherwise specified in the contract.

The agreement should specify the procedure for obtaining information on the disposal of funds, as well as the level of participation of the person who opened the account and the beneficiary. The contract may be entrusted to the bank with the duty to control the order and grounds for using the funds. Suspension of operations, seizure and debiting of money due to account holder's obligations are not allowed. In the case of the beneficiary, this will require a court authorization.

If a commercial organization opens a nominal account in a bank, it is reflected under Article 40702. Then, according to the Regulation of the Central Bank No. 385-P, the institution is obliged to transfer information to the tax. If the application is submitted by an individual, then all movements will be displayed under Article 40802, which falls under the Federal Law "On Insurance of Deposits". The bank's obligation to control escrow payments is not provided for by legislation, that is, it will be regulated by the contract.

Escrow

The Bank opens a special account for the recording of funds received from the owner (depositor) with a view to transferring them to the beneficiary on the grounds provided for in the contract. The escrow award can not be levied on the funds in the cell, unless it is provided for in the document. Such accounts are governed by the general provisions of the bank.

The enrollment of other funds of the depositor to the escrow, other than the amounts specified in the contract, is unacceptable. Parties can use the money only upon the occurrence of agreed conditions. But they have the right to demand the printout of the account and other information that constitute a bank secrecy. The account is closed at the end of the contract. Written claims of one of the parties in this case are not valid.

Nominal account can be opened by an attorney, commission agent, agent, executor of a will for making transactions with the beneficiary's funds. The contract prescribes the procedure for obtaining information on the use of money. The main feature of escrow is that it is not opened for accumulation of funds, but for fulfilling obligations. Usually for real estate transactions. The scheme is as follows: the apartment buyer opens the escrow and puts a certain amount on it. Upon completion of the transaction, the seller receives the money after submitting documents confirming the transfer of ownership.

Destinations

In Europe, a nominal account is used for settlements between counterparties, maritime transport market participants , and also during construction. It allows you to quickly get a bank guarantee on favorable terms. This service is also actively used by lawyers and notaries in their activities. Internet shops use it to ensure payment for the goods by the buyer. Any transaction that involves the existence of certain conditions can be carried out with such accounts. Especially if there is a need for additional control.

Alternative method

New accounts can be used for personal purposes. For example, if a client has a brother who lives in another city, you can open a cell in the bank and control the spending of funds. The documents must be registered in the name of the relative, but the beneficiary is the person who finances it. Access to bank certificates is only available to the beneficiary. In the contract, you can prescribe other restrictions. For example, indicate that the money should be used only to pay for utilities, and withdraw cash from the account - to prohibit.

Problems of implementation

In the world practice joint accounts are widely used, but Russians have a lot of questions about the purpose of this transaction. To date, the real counterpart of escrow are the letter of credit and the banking cell. But these services are not always offered by credit institutions .

Experts also have a lot of questions. For example, who will become the creditor of an agent if the bank is revoked a license? Most likely, it will have to be determined by the insurer or act through the court. But for this procedure, the payment of compensation must be clearly formalized at the legislative level.

Banks in Kazakhstan and Kyrgyzstan have long offered an intermediation service to their customers. The opening of a nominal account and its servicing is not cheap. Depending on the institution and objectives, the cost can range from 1 to 10 thousand rubles. For opening a letter of credit in Kazakhstan, you will have to pay three times as much. Russian banks for a long time did not hasten to offer escrow customers, since the introduced law was not supported by the instructions of the Central Bank.

Insurance compensation

All bank deposits of Russians are protected by the state. Even the salary that is transferred to the account is insured. When a bank goes bankrupt, plastic owners must receive a refund within 14 days after the credit organization's license is withdrawn.

The calculation of reimbursement includes all the interest due on the deposit. But the maximum amount per person is limited to 1.4 million rubles. (From 2015), that is, if the client has several deposits opened in one bank, for example, in different branches, in the event of an insured event, the total amount of money in all accounts will be taken into account. The refund for foreign currency deposits is paid in rubles at the rate of the Central Bank. This is the standard procedure.

There are questions on joint accounts. If there are several beneficiaries, the share of each should be clearly defined. From this value depends the amount of compensation that the depositor will receive. Legislation provides for the allocation of owners only when the money is seized and the contract is terminated. Instructions regarding the liquidation of the organization appeared recently.

If, for example, a nominal account in a bank was opened by several beneficiaries for the amount of more than 14 million rubles, then the amount of insurance compensation will be calculated on the basis of the total balance, and not separately for each beneficiary. In this there is logic. If the cell is joint, then the amount of compensation should be distributed to all participants.

Since 2015, a nominal account agreement can only be signed with institutions in which 50% of the capital belongs to the state. When implementing the service, banks faced a number of problems: the lack of the necessary software and internal instructions governing the procedure for servicing. Therefore, the choice of organizations is limited.

Nominal account of guardian

Previously, all the amounts due to the trust were credited to his cell in the bank. The guardian could monthly withdraw without the permission of the state body the amount not exceeding the subsistence minimum. Under the new rules, all payments due to a minor person are paid to a nominal account opened for a third person. The guardian can use these funds in full without permission.

A nominal account is a bank cell into which pensions, alimony, allowances and other amounts paid for the maintenance of the ward are credited. Exceptions are salaries and scholarships for students. Nominal account of the guardian is opened upon presentation of the document from the guardianship authority. To conclude an agreement, the beneficiary's data should be provided: name, date and place of birth, certified photocopies of the identity document of the ward, address of the place of residence. A nominal account agreement may provide for the possibility of transferring the balance of funds to a bank cell opened in another institution, or issuing them in cash, provided that the current guardian closes it. Funds can be collected to pay for the obligations of the ward only by a court decision.

Security account

The amendments to the Civil Code created another type of banking cells. Money amounts received by the creditor from the debtor can be credited to a special pledge account. Such an opportunity appears after the transfer of a copy of the contract. At the request of the pledgee, the bank must provide information about the balance of funds, transactions, prohibitions and restrictions. All penalties are written off, in accordance with Art. 349 Civil Code of the Russian Federation, from the debtor's pledge account. The Rules on the Sale of Property (Article 350-350.2 of the Civil Code of the Russian Federation), as well as the Rules for the Collection of Money (Chapter 45 of the Civil Code of the Russian Federation) do not apply to such a banking cell.

Conclusion

After making amendments to the Civil Code on the rank of banking services, new types of accounts appeared: nominal and escrow. Such cells may be opened by third parties, but the rights to the funds belong to the beneficiary. What is the nominal account of the guardian? This is a bank cell, which is credited with funds for the maintenance of wards. In world practice, escrow is opened when buying real estate, in order to guarantee payment of the transaction. Russians are still cautious about the new service. And the number of institutions in which you can open a joint cell is limited.