Standard form of a deposit agreement without the right to early withdrawal of the deposit (part of the deposit) Deposit agreement No. __________________ Moscow "___"__________ 20__ Commercial bank "FDB" (limited liability company), hereinafter referred to as the "Bank", represented by _________________________________ , acting on the basis of __________________________________________, on the one hand, and ___________________________________________________, hereinafter referred to as the “Depositor”, represented by _________________________________, acting on the basis of ___________________, on the other hand, (hereinafter referred to as the “Parties”) have entered into this agreement as follows: 1. Subject matter agreement 1.1. The Bank accepts funds received from the Depositor in the amount of ___________,__ (_____________) _________________, hereinafter referred to as the “deposit”, and credits them to the Depositor’s deposit account No. ____________________________ (hereinafter referred to as the “Depositor’s Deposit Account”). Deposit expiration date ___ _________ 20___ 1.2. The Bank charges the Depositor interest on the deposit at the rate of ____ (________________________) percent per annum. 2. Basic terms of the agreement 2.1. Interest on the deposit amount is accrued from the day following the day it is credited to the Depositor's deposit account (on the actual balance of funds in the deposit account at the beginning of the operating day) until the day it is returned to the Depositor. 2.2. The deposit cannot be claimed by the Depositor before the end of the period specified in clause 1.1. of this agreement, except for cases of significant violation by the Bank of the terms of this agreement, as well as in other cases provided for by federal laws as grounds for termination or amendment of this agreement at the request of one of the Parties based on a court decision. 2.3. Payment of accrued interest on the deposit is made by the Bank _________________________________, but no later than the end of the period established in clause 1.1. actual agreement. 2.4. The return of the deposit and payment of accrued interest is made by the Bank by transferring them to the Depositor’s bank account No. ________________________________, opened in ________________________________. 2.5. Accrued interest is not added to the deposit. 2.6. When calculating interest, the actual number of calendar days in the payment period is taken into account, and in the year - the actual number of calendar days (365 or 366, respectively). 2.7. Receipt of deposits in the name of the Depositor from third parties is not allowed. 2.8. A deposit received from the Depositor in violation of the conditions established by this agreement is returned by the Bank to the Depositor’s bank account specified in clause 2.4. actual agreement. If a deposit is received in the name of the Depositor from a third party account, such funds are returned by the Bank to the account of the third party from which the payment was made no later than the day following the day of receipt of such funds. In this case, interest on the funds specified in this paragraph is not accrued. 3. Duration of the agreement 3.1. This agreement comes into force from the moment the deposit is received into the Depositor’s deposit account and terminates from the day the Bank pays the Depositor all amounts due to him in accordance with the terms of this agreement. If the Depositor withdraws the entire deposit amount, this agreement is terminated and the Depositor’s deposit account is closed. If the Depositor does not transfer the deposit on the day of signing this agreement or transfers an amount less than specified in clause 1.1. of this agreement, then the latter is considered not concluded 4. Guarantees of the parties 4.1. The Bank guarantees the return of the deposit and payment of interest accrued on it with all funds owned by the Bank, as well as property that may be foreclosed on, in accordance with the current legislation of the Russian Federation. 4.2. The Bank guarantees the Depositor the secrecy of the deposit, except in cases provided for by the current legislation of the Russian Federation. 5. Dispute resolution procedure 5.1. Any questions, disagreements or claims arising from this agreement or in connection with its execution shall be settled between the Parties on a mutually acceptable basis through negotiations. 5.2. All unresolved disputes are subject to consideration by the Moscow Arbitration Court. 6. Protection of the interests of the parties 6.1. On all issues that have not been resolved in the terms of this agreement, but directly or indirectly arising from the relations of the Parties hereunder, affecting the property interests and business reputation of the Parties to this agreement, the Parties will be guided by the norms and provisions of the current legislation of the Russian Federation. 7. Statements and representations 7.1. The Depositor confirms that he has consent to the processing of his personal data of persons specified in powers of attorney, orders, bank cards, decisions of management bodies and agreements, the Bank's Depositor's questionnaire, a letter about management bodies and in an extract from the register of shareholders or in a letter with a list of participants sent to the Bank in accordance with the requirements for the provision of documents necessary for the execution of this agreement. 7.2. The parties represent that they have the legal authority to enter into this agreement. All actions, conditions and requirements that allow the Parties to legally sign this agreement, exercise their rights and fulfill their obligations under the agreement have been duly completed and observed. The execution of this agreement and the fulfillment of its obligations under this agreement will not violate any applicable law, regulation, agreement, order, treaty, regulation. Fulfillment by the Parties of their obligations under this agreement does not constitute and will not lead to any violation of any other agreement or contract to which one of the Parties is a party. 8. Other conditions 8.1. The Depositor undertakes to provide to the Bank all documents necessary for his identification in accordance with the requirements of the current legislation of the Russian Federation and the requirements of the Bank, including information about the beneficiary and beneficial owner. At the same time, the parties understand that: - The beneficiary of the Party is the person for whose benefit the Investor acts, including on the basis of an agency agreement, agreements of agency, commission and trust management, when conducting transactions with funds and other property; - A beneficial owner is an individual who ultimately directly or indirectly (through third parties) owns (has a predominant participation of more than 25 percent in the capital) the Investor - a legal entity or has the ability to control the actions of the Investor. 8.2. Any notice or other communication sent by the Parties to each other under this agreement must be made in writing. Such a notice or message is considered properly sent if it is delivered to the addressee by messenger or registered mail at the address specified in this agreement and signed by an authorized person of the Parties. 8.3. The grounds and procedure for termination of this agreement are determined by the current legislation of the Russian Federation. 8.4. All changes and additions to this agreement are valid only if they are made in writing, signed by authorized representatives of the Parties and sealed. 8.5. This agreement is drawn up in 2 (two) copies having equal legal force. 9 Details and signatures of the parties 9.1 Bank: Commercial Bank "FDB" (Limited Liability Company), TIN 7702144800; 119121, Moscow, agricultural per., D.14/17, p. 1 BIK 044525195, Cor. Counted 301018102000000195 to the Opera Opera 9. 2. DEPOSITOR: _____________________________________________, TIN _________________; ___________, city _________, st. _____________, d.___, p.___, bank account No. ____________________________ in _____________________________ correspondent account No. 30101810____________________ BIC _____________________ _________________________________ _______________________ M.P.M.P.
By bringing their savings to the bank, a citizen or organization becomes a client of the credit institution.
A specialized account is opened in the name of the client, through which operations related to the client’s deposit are carried out.
An operation to open an account and establish legal relations between the bank and the client is completed, a deposit agreement or a bank deposit agreement is signed.
Basic provisions of the deposit agreement
The first and immutable condition of the deposit agreement is that the client can, upon request, terminate the agreement and claim the amount transferred to the bank for management. In essence, bank deposit agreements are similar to agreements for the provision of services. In our case, financial services are provided. The bank manages clients’ money, paying interest for the use of finance and earning money itself. The client can withdraw his money at any time and terminate the contract.
For the use of funds in customer accounts, the bank pays a certain percentage. The accrual of interest, its amount and payment terms are indicated in deposit agreements as the bank’s obligation to the client. Depending on the specific conditions, the so-called types of bank deposits, the amounts that the bank pays in the form of interest on the deposit vary quite a lot. The period for which an agreement is concluded with a financial institution may vary.
An agreement without specifying a specific validity period is called a savings deposit. As a rule, such accounts have small interest rates, but the use of the account itself is more extensive compared to time deposits. Savings deposits can be replenished by depositing funds into the account, you can withdraw money up to the minimum stipulated balance and close the account at any time, taking away both the deposit itself and the interest accrued on it.
Time deposits have a higher interest rate, which means they provide more income to the client. But fixed-term accounts are less attractive for carrying out regular transactions with them. Opening a term deposit is usually possible for a fairly large deposit amount, and for a strictly defined period, after which the agreement expires.
While the agreement is in force, the terms of the agreement may limit the ability of the bank client to use the funds deposited in the account. He can still close the deposit at any time and withdraw the deposit amount, but interest on the term deposit, in case of early withdrawal of funds, may well not be paid. This is the inconvenience of using time deposits.
A bank that guarantees the client the payment of high interest on a deposit after a certain time, thus insures itself against its own losses associated with the early withdrawal of money from circulation.
Below is a standard form and a sample deposit agreement, a version of which can be downloaded for free.
The bank on the one hand and the depositor on the other have entered into this agreement. The depositor undertakes to transfer temporarily free funds to the bank in the form of a deposit.
DEPOSIT AGREEMENT
__________________ "____"____________________
Commercial Bank ___________________________________________________________,
(Name)
hereinafter referred to as the “Bank”, represented by __________________________________________,
(surname, initials, position)
acting on the basis ______________________________________________________,
(charter, regulations, power of attorney)
on the one hand, and __________________________________________________________,
(last name, initials)
hereinafter referred to as the “Depositor”, on the other hand, have entered into this agreement as follows:
1. RIGHTS AND OBLIGATIONS OF THE DEPOSITOR
1.1. The Depositor undertakes to transfer to the Bank temporarily available funds in the amount of ____________ (_______________________________) into ownership in the form
(in words)
deposit (deposit).
1.2. The Depositor is obliged to transfer the amount specified in clause 1.1 of this Agreement to the Bank’s correspondent account no later than _______ from the date of signing the agreement.
1.3. After the expiration of the deposit term, the Depositor has the right:
a) claim the deposit;
b) extend the Agreement on the same terms;
c) do not demand the return of the deposit.
Extension of the agreement is carried out only with the consent of the Bank.
1.4. To claim a deposit after its expiration, the Depositor must notify the Bank _________ before the end of this period of the desire to withdraw the deposit.
2. RIGHTS AND OBLIGATIONS OF THE BANK
2.1. The bank undertakes to account for the funds received in deposit account No. ______.
2.2. Within the term of the deposit, the Bank has the right to dispose of the Depositor’s funds at its own discretion, including by using them as credit resources.
In the case provided for in clause 1.3 of this Agreement, the Bank’s use of the Depositor’s funds continues.
The bank manages the deposit amount on its own behalf.
2.3. Upon expiration of the deposit period, the Bank undertakes to return to the Depositor the amount specified in clause 1.1 of this Agreement with an accrual of ________% per annum.
The return of the deposit to the Depositor's current account, together with accrued interest, is carried out by the Bank no later than _______ after the expiration of the deposit, subject to timely notification by the Depositor to the Bank of the desire to withdraw the deposit.
2.4. The bank guarantees the secrecy of the deposit. Without the consent of the Depositor, certificates to third parties regarding the deposit may be provided only in cases specifically provided for by law.
3. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS EARLY TERMINATION
TERMINATIONS AND CHANGES
3.1. The term of the deposit (Agreement) is __________________.
3.2. This Agreement comes into force from the moment the deposit amount is transferred to the Bank's account.
If the Depositor does not transfer the deposit amount within the period specified in clause 1.2 of the Agreement, the latter is considered invalid.
3.3. If the Depositor does not claim the deposit amount after the expiration of the term, the contractual relationship continues. In this case, the deposit is considered a demand deposit and the Depositor has the right to request the deposit at any time by notifying the Bank _________.
For the use of the Depositor’s funds beyond the period established by clause 3.1 of the Agreement, the Bank charges ______% per annum.
In this case, the deposit is returned by the Bank upon expiration of the warning period using a payment order.
3.4. The depositor may raise the issue of early return of funds transferred to the Bank by notifying about his intention ____ days in advance. Early collection of the deposit can only be carried out with the consent of the Bank.
3.5. The liability of the Parties for failure to comply with the terms of this Agreement occurs in accordance with the current legislation of the Russian Federation.
4. LEGAL ADDRESSES OF THE PARTIES
Bank ________________________________________________________________
Investor ____________________________________________________________
5. Signatures of the parties:
_________________________________________________________________ ___________________
__________________________________________________________________ ___________________
(surname, initials) (signature)
“____” _________________ 1993
Savings Bank of the Russian Federation, hereinafter referred to as the “Bank”, represented by __________________________________________________________________________________________,
(full name, full name, acting manager, chairman of a regional bank)
acting on the basis of a general power of attorney issued by the president of the Savings Bank of the Russian Federation (or a power of attorney issued by the chairman of a regional bank), and the regulations on the _______________________ bank (or on the ___________________________________ branch), and ________________________________________________________________________________,
(full name of the enterprise, organization)
hereinafter referred to as the “Depositor”, represented by _____________________________________________,
(full name, full name, title of the head of the enterprise)
acting on the basis of the charter, have entered into this agreement as follows.
1.
Subject of the agreement
1.1 The Depositor deposits funds in the Bank in the amount of __________________ (_______________) rubles. for storage in the form of a deposit for the period from ___________ to _________ with receipt of income on it based on ____________ (_____________) percent per annum.
2.
Responsibilities of the Bank
2.1. The Bank undertakes to open an account for the Depositor to store the deposit.
2.2. The Bank undertakes to ensure the safety of the Depositor's deposit and the payment of income on it in full accordance with this agreement.
2.3. The bank guarantees the secrecy of the deposit. Submission of information about the deposit without the consent of the Depositor is not permitted, except in cases provided for by legislative acts.
3.
Responsibilities of the Depositor
3.1. The depositor undertakes to transfer the stipulated P. 1.1 amount to the Bank’s correspondent account within ____________ calendar days from the date of signing this agreement.
3 2 No later than __________ calendar days before the expiration of this agreement established in clause 1.1, the Depositor must provide the Bank with a written notice of termination of the contractual relationship or prolongation of the agreement
3 3 The depositor is obliged to notify the Bank of the early termination of contractual obligations to store his funds for ___________ calendar days.
4.
Terms and conditions of the agreement
4.1. This agreement comes into force from the moment the Depositor’s funds are transferred to the Bank’s correspondent account and is valid until the mutual obligations of the parties are fully repaid. In case of non-receipt of the Depositor's funds within the period established in P. 3.1 of this agreement, the latter is considered invalid.
4.2. Additional contributions and partial withdrawals of deposit amounts are not made.
4.3. The counting of the deposit storage period for accrual of income (interest) begins from the moment the Depositor's funds are received in the Bank's correspondent account and ends at the moment they are written off from the Bank's correspondent account.
4.4. When calculating income, the number of days in a month is taken as 30, in a year - 360 (or interest is calculated by days of storage).
4.5. Income to the Depositor is paid in a lump sum upon expiration of the deposit storage period established in clause 1.1 of this agreement.
4.6. During the period of storage of the deposit after the expiration of this agreement established in clause 1
Deposit agreement or bank deposit agreement, sample agreements
DEPOSIT AGREEMENT (Bank deposit agreement)
Legal aspects of the conclusion deposit agreement.
Which bank to sign with? deposit agreement and who to trust with your savings? To do this, at a minimum, you need to understand what is a bank deposit agreement (deposit agreement)?
DEPOSIT AGREEMENT or bank deposit agreement, this is an agreement by virtue of which one party (the bank), having accepted a sum of money (deposit) received from the other party (depositor) or received for it, undertakes to return the deposit amount and pay interest on it under the conditions and in the manner prescribed by the agreement. The definition of a bank deposit agreement (deposit agreement) is legislatively enshrined in Article 834 of the Civil Code of the Russian Federation.
Sample bank deposit agreement. The deposit agreement does not have a strictly regulated form, but it must be drawn up in writing in compliance with certain requirements imposed by the Civil Code of the Russian Federation for such documents. Failure to comply with the written form of a deposit agreement (bank deposit) entails the invalidity of such an agreement, as established by paragraph 2 of Article 836 of the Civil Code of the Russian Federation. Today, a new type of deposits has appeared on the banking services market - deposits made through ATMs.
On the one hand, there is technical progress in the bank-client relationship, expanding the use of credit cards and ATMs, simplifying deposit processing, and saving time. On the other hand, is all this good and safe for the client? In this case, the written form of the deposit agreement is replaced by the bank with an ATM receipt.
Sample DEPOSIT AGREEMENT
DEPOSIT AGREEMENT N __________
G.___________ "____"____________ 20___
________________________________________________
(full name of the bank)
Hereinafter referred to as the “Bank”, represented by _______________________________________
(full name, position)
Acting on the basis of the Charter, on the one hand, and __________________________
_______________________________________________
(full name of the investing organization)
Represented by ________________________________________
(full name, position)
Acting on the basis ______________________
Hereinafter referred to as the “Investor”, on the other hand, have entered into this agreement
thief about the following:
1. The Subject of the Agreement
1.1. The Depositor undertakes to transfer to the Bank temporarily free funds
funds in the amount of _________________________
(in numbers and words)
For the period until "___"____________ 20___.
1.2. The specified amount is transferred by the Depositor with his payment order
taking into account the necessary document flow between banks no later than
"___"__________ 20___
The actual date of transfer of funds should be understood as the date of crediting
transfer of funds to deposit account N _____________ in the Operational Management of the Bank
ka.
1.3. The bank undertakes to keep the received funds in a depository
account and return them to the depositor no later than 10 calendar days after the deadline indicated
specified in clause 1.1 of this agreement. Return of amounts accepted for storage is ensured
chen funds from the authorized and other funds of the Bank.
The actual date of return of the deposit should be understood as the date of crediting
funds to the account of Depositor N __________ in ___________________________________
(name of bank institution)
2. Deposit fee.
2.1. For using the deposit, the Bank pays a fee in the amount of
____________________________ % per annum.
(in numbers and words)
If the deposit is not returned on time, that is, after the specified period
taking into account clause 1.3. of this agreement, the deposit fee is paid in the amount of
___________________________________________
(in numbers and words)
2.2. Interest on the deposit is calculated and transferred by the Bank monthly
no later than _________________ day of the month following the reporting month. Under fact-
The actual date of transfer of the deposit fee should be understood as the date of enrollment
funds to the depositor's current account.
The period for calculating interest begins from the date the funds are credited
The depositor's deposit account in the bank's Operations Department ends
date of debiting funds from this account.
2.3. In case of failure to receive the deposit payment on time, in accordance with clause 2.2
of this agreement, interest due from the Bank is considered as undue
exactly paid. For each day of delay in payment, the Bank pays the Depositor
a penalty of 0.07% of the amount of overdue interest payment.
3. Deposit terms
3.1. Within the deposit period, the Bank has the right to dispose of funds
means at its own discretion, including by using them as
credit resources.
3.2. If the Investor has a temporary need for cash
funds within the deposit period, he has the right to receive a loan at pre-
cases of deposit size on more favorable terms compared to other loans
re-borrowers.
3.3. Other conditions _______________________________
_________________________________________________
_________________________________________________
4. Early collection and return of the deposit
4.1. The depositor has the right to early undisputed collection and return of deposits
positive in cases:
- untimely transfer by the Bank of the deposit fee;
- declaring the Bank insolvent in accordance with the generally established procedure.
In these cases, the Bank, at the first request of the Depositor, expressed in
in writing, returns the deposit amount within three working days from the date
receiving this requirement.
In all other cases, early return of the deposit at the initiative of the Deposit
the payment is carried out by the Bank subject to written notification to the Bank in advance of 30
calendar days. In this case, the Bank has the right to withhold
commission in the amount of 50% of the amount of interest paid.
4.2. The bank has the right to return the deposit early on its own initiative if
he will notify the Investor of his decision in writing 30 calendar days in advance
days. In this case, the Bank pays the “Depositor” interest for the actual term of use
calling a deposit.
5. Dispute resolution
Disagreements arising in the process of fulfilling the terms of this agreement
ra, are preliminarily considered by the parties in order to develop mutually acceptable
possible decision with the preparation of a protocol of consideration.
If it is impossible to resolve disputes and disagreements through bilateral
agreements, they are submitted for consideration to the bodies of the arbitration court or court.
6. Changing the terms of the agreement
The agreement may be amended by mutual agreement of the parties. All changes
and additions to this agreement will be valid if they are made in
in writing and signed by authorized representatives on both sides.
7. Duration of the contract
The validity period of the contract begins on the date of its signing and ends
date after full return of the deposit, interest due on it, and so-
as well as commissions and penalties arising from the terms of the contract.
The Agreement is drawn up in two copies, each of equal force.
8. Legal addresses of the parties
Bank: Depositor:
_____________________ _______________________
_____________________ _______________________
_____________________ _______________________
(signature) (signature)
M.P. M.P.
Other documents
