AGREEMENT No. ____
on the establishment of correspondent relations,
opening and maintaining a correspondent account
___________ "___" ___________ ____
___________________________________________, hereinafter referred to as __
"Correspondent", represented by _____________________________________________,
acting ___ on the basis of ________________________, on the one hand, and
________________________________, hereinafter referred to as the "Respondent",
represented by ____________________________________, acting ___ on the basis of
_____________________, on the other hand, have entered into this Agreement on
the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Correspondent opens a correspondent account No. for the Respondent. _______ to _________, hereinafter referred to as the "Account", in the manner and on the terms provided for by this Agreement and the current legislation, including the regulations of the Central Bank of the Russian Federation.
2. PROCEDURE FOR OPENING ACCOUNT
2.1. To open an Account, the Respondent provides the Correspondent with the following documents:
- Application for opening an Account;
- Notarized copies of:
- Charter;
- Constituent agreement (if such is provided as a constituent document);
- Certificates of state registration (if it was carried out in state bodies other than the Central Bank of the Russian Federation);
- licenses of the Central Bank of the Russian Federation for banking operations;
- letters from the territorial branch of the Bank of Russia confirming the approval of the candidacies of the head and chief accountant;
- certificates of registration with the tax authority;
- a notarized card with sample signatures of persons authorized to manage the funds on the Account, and an imprint of the Respondent's seal.
2.2. If the documents specified in clause 2.1 of this Agreement comply with the established requirements, the Correspondent within _________ days opens a correspondent account on its balance sheet in the name of the Respondent and sends to his address by mail or hands over against receipt the following:
2.2.1. Notification letter indicating the number of the correspondent account of the Respondent on the balance sheet of the Correspondent.
2.2.2. Tariffs for banking services for correspondent banks of JSCB "______________", set out in Appendix No. 1 to this Agreement.
2.3. The Respondent makes transactions on the Account after receiving a written notice from the Correspondent about the opening of the Account.
2.4. When carrying out transactions on a correspondent account using the "Client-Bank" system, the procedure for transferring to the Respondent software, including the keys of electronic digital signature and encryption of the cryptographic information protection complex, the conditions for using the software, as well as the distribution between the Parties of commercial risks associated with the use of the named software collateral is regulated by an additional agreement on the conditions for conducting electronic settlements.
3. PROCEDURE FOR MAINTAINING CORRESPONDENT ACCOUNT
3.1. The funds recorded on the correspondent account may be used by the Respondent to make settlements that do not contradict the legislation of the Russian Federation.
3.2. In the case of transactions on a correspondent account using the "Client-Bank" system, transactions on a correspondent account are carried out only after the Correspondent is given a written confirmation from the Respondent that the latter has received the corresponding cryptographic protection keys of the Correspondent, signed by an authorized person of the Respondent and certified by a seal.
Z.Z. Crediting of funds to correspondent accounts in favor of the Respondent is carried out without limiting the amount.
3.4. In the event of an erroneous crediting of funds, the erroneously credited amount is debited by the Correspondent in an indisputable manner from the correspondent account of the Respondent. If there is a shortage of funds on the correspondent account, the Respondent undertakes to transfer the missing amount within ___ (__________) banking days from the date of receipt of a notice of erroneous crediting from the Correspondent.
3.5. When making settlements through a network of correspondent banks, if the final recipient of funds is not a client of the Respondent, the Correspondent credits the corresponding amount to the correspondent account of the Respondent through which the payment is made, and instructs the latter to make the payment in the relevant region or through the Respondent's own correspondent network (transit payment).
3.6. Funds are debited from the correspondent account on the basis of the Respondent's instructions transmitted by courier, or by e-mail in coded form, or without his instructions in cases provided for by law or this Agreement, within the current balance of the correspondent account. The value of the current balance is indicated in the statement of the Respondent's Account.
3.7. In case of receipt from the Respondent of an incorrectly executed payment order, as well as a payment order with incorrect use of electronic digital signature keys and encryption of the cryptographic information protection complex, the Correspondent within the current banking day (from 09.00 to 18.00 Moscow time) informs the Respondent about this and leaves a payment order without execution.
The Correspondent shall not be liable for losses incurred by the Respondent due to the Respondent's improper execution of payment orders and/or improper use of communication keys, as well as in connection with delays, errors, misinterpretations and other consequences resulting from inaccurate actions and formulations of the Respondent.
3.8. Correspondent account statements and credit memos are sent to the respondent bank via the agreed means of communication no later than 11:00 am on the next business day after the Account transactions are completed.
The correspondent account statement is considered confirmed (correctly reflecting the movement of funds on the Account) if the Respondent did not submit his comments within 10 (ten) business days from the date of receipt of the statement.
3.9. The Parties quarterly reconcile the movement of funds on the Account and confirm the balance of funds on the Respondent's Account for the past period (quarter) and the correctness of the reflection of the status of the Account according to the accounting data of each of the Parties.
If discrepancies are found, the Respondent sends to the Correspondent's address a statement of transactions on the Account indicating the amounts and dates of transactions reflected in the intra-balance sheet. On the basis of this statement and the primary documents of the Correspondent on the movement of funds on the correspondent account "Loro" opened in the name of the Respondent, the Parties shall jointly verify the accounting data.
In order to fulfill this condition, the Correspondent ensures the possibility of joint reconciliations, including by providing the Respondent for review with the necessary primary documents (statements on the Respondent's personal account, documents of the day, debit and credit memos, confirmations received from the Respondent). In the absence of discrepancies, the Parties exchange confirmations on the balance of the correspondent account for the agreed types of communication.
3.10. Lending to the Account (provision of an overdraft loan) can be carried out by the Correspondent on the terms and conditions stipulated in an additional agreement signed by both Parties.
3.11. The Correspondent charges a commission fee for conducting operations on the Account in the manner and in the amount established by the Correspondent's tariffs (Appendix No. 1). The Correspondent has the right to unilaterally change the tariffs, with a written notice to the Respondent ___ (____) working days before the introduction of new tariffs.
3.12. The commission is debited by the Correspondent from the correspondent account of the Respondent without acceptance simultaneously with the operation on the Account.
3.13. The procedure for conducting operations on the correspondent account of the Respondent:
1. Payment orders received from the Respondent before 16.30 Moscow time are executed by the Correspondent on the current business day. Payment orders received after 4:30 pm Moscow time are considered accepted for execution on the current or next business day at the discretion of the Correspondent.
2. Payment orders for debiting in favor of the Correspondent's clients, the Correspondent's respondents and their clients, received from the Respondent before 18.00 Moscow time, are executed on the current business day. Payment orders received after 18:00 Moscow time are considered accepted for execution on the current or next business day at the discretion of the Correspondent.
3. Funds are credited to the correspondent account of the correspondent bank on the day the corresponding amount is received on the correspondent account of the correspondent bank on the basis of the main or intermediate statement and credit memo.
4. From the moment funds are debited from the correspondent account of the Respondent, the debited amount is excluded from the calculation base, on which interest is accrued on the balances of funds recorded on the correspondent account of the Respondent.
3.14. The Correspondent has the right to independently determine the correspondent banks involved in the execution of transactions for the transfer of the Respondent's funds.
3.15. The Correspondent has the right to unilaterally change the time of acceptance and execution of the Respondent's instructions with the obligatory notification of the latter _____ days before the relevant changes come into effect.
4. OBLIGATIONS OF THE PARTIES
4.1. The correspondent undertakes:
4.1.1. Open a correspondent account in the name of the Respondent within the terms specified in clause 2.2 of this Agreement, and carry out operations on the Account in accordance with the legislation of the Russian Federation, regulatory legal acts of the Central Bank of the Russian Federation, this Agreement, the tariffs of the Correspondent (Appendix No. 1).
4.1.2. Ensure the confidentiality of information on transactions made on the Respondent's Account. The provision by the Correspondent of information about the state of the Account and transactions on it without the consent of the Respondent is not allowed, except for cases provided for by the legislation of the Russian Federation.
4.1.3. Close the correspondent account in accordance with the established procedure at the request of the Respondent, having previously transferred the balance of funds recorded on the Account to another correspondent account of the Respondent in accordance with the details specified by him within 7 (seven) working days from the date of receipt of all documents from the Respondent, including confirmation of zero balance on the Respondent's Account.
4.2. The respondent undertakes:
4.2.1. Provide the Correspondent with the documents required for opening a correspondent account specified in clause 2.1 of this Agreement.
4.2.2. Reinforce the correspondent account if the funds recorded on the correspondent account are not enough to fulfill the requirements for settlement documents received on the correspondent account.
4.2.3. Immediately provide the Correspondent with a new notarized card with sample signatures of persons authorized to manage the Account, in case of a change in the composition of these persons or replacement of the Respondent's seal.
4.2.4. Compensate the Correspondent within _________ working days, in addition to the basic commission fee in accordance with the Correspondent's tariffs, for his actual additional expenses related to the execution of the Respondent's order, based on the Correspondent's invoices with copies of supporting documents attached.
4.3. The Parties undertake:
4.3.1. Notify each other about changes made to the statutory, constituent documents and licenses for banking activities within _______ banking days from the entry into force of these changes, as well as immediately notify each other about changes in address, bank details, fax numbers.
4.3.2. To provide monthly to each other in electronic form the balance sheet and the calculation of economic standards.
5. RESPONSIBILITIES OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment by the Correspondent of the obligations specified in clause 3.13 of this Agreement, the Correspondent shall pay the Respondent a penalty in the amount of ___% of the payment amount for each day of delay.
5.2. The Correspondent shall be released from liability when executing the Respondent's instructions containing incorrect information, as well as for possible technical distortions of the text that occurred during the transfer of payment orders to the Correspondent.
6. FORCE MAJEURE
6.1. The Parties shall not be liable for non-fulfillment or improper fulfillment of the terms of this Agreement, if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions.
6.2. The Party, for which it became impossible to fulfill obligations due to the above reasons, is obliged to immediately inform the other Party in writing about their occurrence and termination.
7. DISPUTES RESOLUTION
7.1. The Parties will take all necessary measures to resolve possible disputes and disagreements in the performance or termination of this Agreement through bilateral negotiations.
7.2. If it is impossible to reach an agreement through negotiations, disputes are submitted for resolution to the Arbitration Court of ________________ in the manner prescribed by the legislation of the Russian Federation.
8. TERM AND TERMINATION OF AGREEMENTS
8.1. This Agreement comes into force from the moment of its signing by the Parties and is valid for an indefinite period.
8.2. This Agreement may be terminated and the correspondent account closed as follows:
8.2.1. By mutual agreement of the Parties.
8.2.2. At the initiative of the Respondent unilaterally when
subject to written notice to the Correspondent ___ (______) banking days before the date of termination of the Agreement. The Agreement shall be deemed terminated from the moment of the date specified by the Respondent in the notice, but not earlier than the date of fulfillment by the Respondent of all obligations under this Agreement and in connection with it. If the Respondent violates the established term for notifying the Correspondent, this Agreement shall be deemed terminated upon the expiration of ___ (__________) banking days from the moment the Correspondent receives the notification from the Respondent.
In the notice of termination of the Agreement, the Respondent indicates
details by which the Correspondent must make a transfer
funds recorded on the correspondent account of the Respondent,
confirms the balance of the correspondent account reflected in the last
correspondent account statement received by him ("Movement of funds
on correspondent account _____________________________ as of
(Name of the bank)
on "__"__________ ____ is reflected in the statement for "__" __________ ____
on correspondent account no. ______ on the battery balance ________________
right.")
8.2.3. At the initiative of the Correspondent unilaterally in cases established by the legislation of the Russian Federation and regulations of the Central Bank of the Russian Federation.
At the same time, a written notice of closing the Account is sent to the Respondent (his successor) ___ (__________) days before the closing of the Account.
Funds received in favor of the Respondent, his clients, or as a transit transfer after termination of this Agreement and closing of the correspondent account, are sent by the Correspondent to the details of the Respondent specified in this Agreement, or by additional notice to the Respondent.
9. OTHER TERMS
9.1. This Agreement is made in two copies, each of which has the same legal force, signed by authorized persons by sheet.
9.2. In the event that the Parties change the name, location, other details and data, make changes to the constituent documents, signature cards, seal imprints, the Parties undertake to notify each other within ________ days from the date of such changes.
10. ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
Correspondent: __________________________________________________
Respondent: _____________________________________________________
______________________________________________________________________
______________________________________________________________________
Correspondent: Respondent:
______________/____________/
______________/_______________/
M.P. M.P.
(UV No. 1_1)
AGREEMENT No. _____
ON OPENING AND MAINTAINING A CORRESPONDENT ACCOUNT
IN RUB RUSSIAN FEDERATION
Moscow "___" __________ 20__
Closed Joint Stock Company Commercial Bank "GLOBEXBANK" (CJSC "GLOBEXBANK"), registered in accordance with the legislation of the Russian Federation, hereinafter referred to as the "Bank", represented by _______________, acting ___ on the basis of ___________, on the one hand and ______________________________________________, registered in accordance with the legislation ______________________________________________, hereinafter referred to as ____ "Respondent", represented by ______________________________________________, acting ___ on the basis of ______________, on the other hand, hereinafter collectively referred to as the "Parties", have concluded this Agreement on opening and maintaining a correspondent account in Russian rubles (hereinafter - the Agreement) as follows.
1. THE SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the procedure for opening / closing a correspondent account in the currency of the Russian Federation and conducting operations on it.
1.2. The Bank opens a correspondent account for the Respondent in the currency of the Russian Federation No. __________________________ (hereinafter referred to as the Account) and undertakes to conduct operations on the Account in accordance with the legislation of the Russian Federation, Bank of Russia regulations and this Agreement.
2. PROCEDURE FOR OPENING AND MAINTAINING ACCOUNT
2.1. The Bank opens an Account on the basis of this Agreement and the Application for Opening a Correspondent Account (Appendix No. 1 to this Agreement) of the Respondent within 3 (Three) working days after signing this Agreement and submission by the Respondent of the documents specified in Appendix No. 2 to this Agreement. The Bank shall notify the Respondent of the opening of the Account via the agreed communication systems or by a letter sent by facsimile or e-mail on the day of opening the Account, followed by sending the original letter.
In this Agreement, a business day means a day that is not a weekend or non-working holiday under the laws of the Russian Federation.
2.2. The procedure for making transactions on the Account is determined by the legislation of the Russian Federation, the regulations of the Bank of Russia, this Agreement and the Fee Tariffs of GLOBEXBANK CJSC for services provided to credit institutions (hereinafter referred to as the Tariffs), published on the official website of the Bank on the Internet at www.globexbank.ru .
2.3. The transfer of funds on the Account is carried out in accordance with the legislation of the Russian Federation on the basis of orders for the transfer of funds (hereinafter referred to as the Settlement Documents) drawn up by the Respondent, the Bank, as well as persons, bodies entitled under the law to submit orders to the Respondent's Account (hereinafter - fundraisers).
In accordance with this Agreement, the transfer of Settlement Documents and information on the Account is possible on paper, signed by persons having the right of first and second signature, and certified by the Respondent's seal in accordance with the signature and seal sample card provided to the Bank (an album of signature samples), or in electronic form using the communication systems specified in clause 2.5 of this Agreement and signed with an electronic signature (electronic signatures), an analogue of a handwritten signature (analogues of handwritten signatures) and (or) certified by codes, passwords and other means to confirm that The settlement document was drawn up by the payer or an authorized person (persons) (hereinafter referred to as the ES).
The Bank accepts and executes the Settlement Documents of the Respondent provided on paper if, by external signs, it establishes that the signatures and seals affixed to them correspond to those contained in the card with sample signatures and seal imprints (album of signature samples) of the Respondent handed over to the Bank.
2.4. The Parties acknowledge that the receipt of Settlement Documents certified by means of an ES is tantamount to receiving documents on paper, certified by persons with the right of first and second signatures, and the Respondent's seal in accordance with the card with specimen signatures and the seal impression (album of signature specimens) of the Respondent.
2.5. Within the framework of this Agreement, the document flow is carried out using the following communication systems (SWIFT / Telex / Client-Bank software and hardware complex):
Main communication system: ________________________________,
Additional communication system: __________________________.
2.6. Operations on the Account on the basis of Settlement Documents received electronically via communication systems are carried out after the exchange of ES within the selected communication system in the following order:
2.6.1. in the case of using SWIFT as a communication system, the Parties shall exchange authentication keys in accordance with the accepted rules of the SWIFT system;
2.6.2. in the case of using Telex as a communication system, telex keys and instructions for their use are issued to an authorized person of the Respondent upon presentation of a power of attorney to receive them or sent to the Respondent's address by special mail;
2.6.3. for the use of the software and hardware complex "Client-Bank", the Parties conclude a separate agreement.
2.7. The parties are obliged to provide security measures for the storage of ES and maintain strict confidentiality when encoding information intended for transmission to each other. The Parties are responsible for the actions of persons having access to the ES, as well as communication systems, the use of which is provided for under this Agreement.
2.8. The Parties shall recognize Moscow standard time as a single time scale when working on the Account. In this case, the time of receipt of electronic Settlement Documents from the Respondent to the Bank is the time when the corresponding electronic Settlement Document was registered by the Bank's communication center.
2.9. The Bank conducts operations to debit / credit funds to the Respondent's Account no later than the next business day of the period established by the Tariffs.
2.10. Crediting funds to the Account is carried out without limiting the amount. The Bank writes off funds from the Account on the basis of the Settlement Documents of the Respondent, the Bank or the Claimant of Funds within the limits of the incoming balance of funds on the Account and funds received on the Account during the operating time, unless otherwise provided by an additional agreement to this Agreement concluded by the Parties.
2.11. Overdraft on the Account is not allowed, unless otherwise provided by an additional agreement to this Agreement.
2.12. The Respondent's settlement documents must be executed in accordance with the requirements of the legislation of the Russian Federation and the regulations of the Bank of Russia.
2.13. In order to ensure the correct and simultaneous recording of settlement transactions on the Account, the Parties agreed that the reflection of settlement transactions in the balance sheets of the Bank and the Respondent is carried out on one calendar date falling on a business day (date of funds transfer), established in accordance with the Tariffs.
2.14. Confirmation of transactions on the Account is an extract from the Account.
2.14.1. The Bank generates and sends the Account Statement to the Respondent on the next business day after the operation is completed no later than 11:00 am using the communication systems specified in clause 2.5 of this Agreement. At the request of the Respondent, the extract may be issued to the representative of the Respondent authorized by the corresponding power of attorney.
2.14.2. If it is impossible to send the Account Statement to the Respondent via the communication systems specified in clause 2.5 of this Agreement, the statement may be sent via the emergency communication channel - e-mail, the address of which is specified in clause 10 of this Agreement, using information security tools and with the subsequent sending of the statement by the communication systems specified in clause 2.5 of this Agreement or through a representative of the Respondent authorized by the relevant power of attorney.
2.14.3. The statement from the Account is considered confirmed by the Respondent, if the Respondent has not submitted his written objections to the Bank within 5 (Five) business days from the date of receipt of the statement.
2.15. Control and reconciliation of settlements by the Bank and the Respondent is carried out annually, by means of a written confirmation by the Respondent of the balance on the Account as of January 1, submitted to the Bank no later than January 15 of the working year following the reporting one.
3.
ACCOUNT INTEREST AND BANK COMMISSION
3.1. The Bank pays to the Respondent the interest accrued on the balance of the Account, if it is provided for in the Tariffs.
3.2. The Bank charges a commission fee for the services provided by the Bank under this Agreement as transactions are made on the Account by debiting funds from the Account without additional instructions from the Respondent using a bank order in accordance with the Tariffs in force on the day of the transaction.
3.3. Tariffs can be changed by the Bank unilaterally with notification of the Respondent via the agreed communication systems 10 (Ten) working days before the date of their entry into force.
4. CASH TRANSACTIONS
4.1. The Bank accepts and issues cash in accordance with the regulations of the Bank of Russia and the rules of cash operations in force in the Bank.
4.2. Acceptance and disbursement of cash to/from the Account/Account is carried out on the basis of cash documents and the corresponding application, drawn up in the form of Annexes No. 3, 4 to this Agreement, signed by persons entitled to the first and second signatures according to the card with sample signatures and imprints seal (album of signature samples), and the certified seal of the Respondent. The application can be sent via agreed communication systems in the form of an electronic document certified by means of an ES or keys.
4.3. Funds are issued in denominations available in the Bank at the time of issue, unless otherwise agreed by the Parties. The Bank does not consider the Respondent's claims about the shortage of cash and is not liable if the shortage is revealed during the cash recalculation outside the Bank's premises and without its representatives.
4.4. The Respondent is obliged to inform the Bank about the loss of the checkbook within 1 (One) business day from the moment the fact of the loss is discovered.
5
. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The bank is right.
5.1.1. Unilaterally change the procedure, terms of maintaining the Account and Tariffs with prior notification of the Respondent via the agreed communication systems 10 (Ten) working days before the date the changes come into force.
5.1.2. Withdraw from the Account without additional instructions from the Respondent:
The amounts of the commission fee specified in the Tariffs for payment of the services provided by the Bank in accordance with this Agreement;
Amounts of cash in the amount of outstanding claims of the Bank on the loans granted by it to the Respondent, accrued interest, penalties for non-fulfillment of contractual obligations and claims on other transactions concluded by the Bank with the Respondent, the payment period for which has already come;
The amounts of funds erroneously credited by the Bank to the Respondent's Account, which do not belong to him, in case the Respondent fails to return the indicated amounts within 5 (Five) working days from the date of receipt of the statement from the Account;
Other amounts in cases stipulated by the legislation of the Russian Federation.
5.1.3. Refuse the Respondent to perform a transaction to transfer funds from the Account in the following cases:
If the total amount, consisting of the amount of the Settlement Document and the commission fee for its execution, exceeds the balance of funds on the Account, taking into account the receipt of funds to the Account during the operating time;
If the settlement transaction performed by the Respondent directly contradicts the legislation of the Russian Federation and this Agreement;
If the Respondent's Settlement Documents are drawn up in violation of the requirements of the legislation of the Russian Federation and regulations of the Bank of Russia;
If the provided Settlement Documents contain insufficient, fuzzy, incorrect and / or incomplete instructions, distortions that occurred during transmission over communication systems, or an incorrect key or ES;
If the Respondent fails to provide the documents specified in clause 5.4.10 of this Agreement;
In other cases stipulated by the legislation of the Russian Federation.
5.1.4. Refuse the Respondent to accept the Settlement Document signed by the ES in the event that the Respondent performs a dubious transaction. At the same time, the right to classify transactions as doubtful belongs to the Bank, to which the Respondent gives his unconditional consent. At the same time, the Bank sends to the Respondent an appropriate notice of refusal to accept the Settlement Document via the communication systems agreed in this Agreement.
5.1.5. Choose a payment route through the system of own correspondent accounts and the right to engage third banks to execute the Respondent's Settlement Documents without prior approval from the Respondent.
5.1.6. Credit to the Account the payments of its clients made in favor of the Respondent's clients, regardless of the payment route specified in the Client's Settlement Document.
5.1.7. Request from the Respondent any documents and information necessary to verify the compliance of operations conducted on the Respondent's Account with the laws of the Russian Federation, as well as to ensure compliance with the laws of the Russian Federation by the Bank itself.
5.2. The bank is obliged.
5.2.1. Open an Account for the Respondent and notify the Respondent about it in the manner and within the time period stipulated by clause 2.1 of this Agreement.
5.2.2. Ensure the safety of funds on the Respondent's Account.
5.2.3. Timely and correctly carry out the Respondent's transactions provided for by the legislation of the Russian Federation and this Agreement.
5.2.4. Notify the Respondent of the refusal to execute the Settlement Document in the cases specified in clause 5.1.3 of this Agreement no later than 11:00 am on the next business day.
5.2.5. Accept and execute the Respondent's Settlement Documents provided on paper, if by external signs it is established that the signatures and seals affixed to them correspond to those contained in the card with sample signatures and seal imprint (album of signature samples) of the Respondent transferred to the Bank.
5.2.6. In the event of technical malfunctions in the operation of communication systems or other circumstances that prevent the exchange of documents with the Respondent, notify the Respondent about this.
5.2.7. Keep confidential information about the Account, about transactions carried out on the Account, and other confidential information received by the Bank in the course of maintaining the Respondent's Account.
Without the consent of the Respondent, information subject to the legal regime of banking secrecy according to the legislation of the Russian Federation may be provided to third parties only in cases, in the manner and to the extent established by the legislation of the Russian Federation.
5.3. The respondent has the right:
5.3.1. Dispose of the funds on the Account in accordance with the legislation of the Russian Federation and this Agreement.
5.3.2. Receive, in accordance with the established procedure, information on the conduct of operations on the Account.
5.3.3. After receiving a notice from the Bank about the refusal to execute the Settlement Document signed by the ES, in the event that the Respondent performs a suspicious transaction, submit to the Bank a duly executed Settlement Document on paper, which is executed by the Bank in accordance with the legislation of the Russian Federation and this Agreement.
5.4. The respondent must:
5.4.1. Submit to the Bank the documents required for opening the Account, specified in Appendix No. 2 to this Agreement.
5.4.2. Carry out operations on the Account as provided for by the legislation of the Russian Federation, Bank of Russia regulations and this Agreement.
5.4.3. Provide the Bank, at its request, with all necessary documents and information, including on the implementation of transactions on the Account in cases provided for by the legislation of the Russian Federation, Bank of Russia regulations and this Agreement.
5.4.4. Prepare Settlement Documents in accordance with the legislation of the Russian Federation, Bank of Russia regulations.
5.4.5. Replenish the Account in case of insufficient funds to pay for the Settlement Documents presented to it in cases stipulated by the legislation of the Russian Federation and this Agreement.
5.4.6. Within 5 (Five) working days from the date of receipt of the statement from the Account, notify the Bank in writing of the amounts erroneously debited or credited to the Account. In case of erroneous crediting of funds to the Account, return them to the Bank no later than 5 (Fifth) business day from the date of receipt of the statement from the Account.
5.4.7. Notify the Bank in writing (with the provision of notarized copies of the relevant documents) about the reorganization or liquidation, about changes in the Charter (constituent documents), licenses within 10 (ten) calendar days from the date of receipt of supporting documents from the registering authorities.
5.4.8. Notify the Bank in writing of a change in the location and/or postal address, payment details, telex, telefax, telephone, SWIFT network identifiers and e-mail addresses of the Respondent specified in clause 10 of the Agreement no later than 3 (Three) calendar days after the change .
5.4.9. Notify the Bank in writing of a change in the composition of persons authorized to manage the funds on the Account and/or the Respondent's seal within 1 (One) business day from the date of the occurrence of these events, providing a new, duly certified card with sample signatures of persons and an imprint of the seal (album of signature samples) of the Respondent, as well as documents confirming the appointment of authorized persons to the position and granting them the right to sign, as well as the approval of new candidates with the territorial offices of the Central (National) Bank of the country of registration of the Respondent (if necessary).
5.4.10. Provide the Bank with documents confirming the powers of the persons indicated in the card with samples of signatures and stamp of the Respondent, in the event of the expiration of the term of office of the above persons no later than 1 (One) business day after the expiration of the powers.
5.4.11. Submit claims about the shortage of cash identified during the recounting of cash at the Bank's premises and in the presence of its representative.
5.4.12. Not later than January 15 of the working year following the reporting year, send to the Bank confirmation of the balance on the Account as of January 1 of the year following the reporting year, signed by the head and the chief accountant, or persons replacing them indicated in the card with sample signatures and seal imprints ( signature sample album) of the Respondent.
6. RESPONSIBILITIES OF THE PARTIES
6.1. The Bank bears liability stipulated by the legislation of the Russian Federation, subject to its fault for untimely and/or incorrect crediting of funds to the Account and their untimely and/or unreasonable debiting from the Account.
6.2. The Respondent shall be liable for the untimely return of funds erroneously credited to the Account, paying a penalty in the amount of 0.1% of the amount of erroneously credited funds for each day of delay, starting from the next business day from the date of receipt of the Bank's request for a refund.
6.3. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the guilty Party shall reimburse the other Party for the losses incurred by it in accordance with the legislation of the Russian Federation.
6.4. The Bank shall not be liable for damage caused to the Respondent or third parties, if this damage occurred as a result of:
Violation by the Respondent of its obligations under this Agreement;
Provided for in clause 5.1.3 of this Agreement;
Execution of the Respondent's Settlement Documents containing incorrect information or distortion of the text that occurred during the transfer of documents via communication systems;
Delays, errors, misinterpretations and other consequences resulting from inaccurate actions and formulations of the Respondent.
6.5. The Bank shall not be liable to the Respondent for losses that the Respondent may incur due to the execution by the Bank of Settlement Documents issued by unauthorized persons, if the Bank, using the procedures provided for by banking rules and this Agreement, could not establish the fact that an order was issued by unauthorized persons.
6.6. The payment of a penalty by one of the Parties in favor of the other Party excludes the other Party from claiming damages caused by the guilty actions of the first Party, but does not relieve it from the proper performance of its obligations under this Agreement.
6.7. In the event of the occurrence of force majeure circumstances, the Party for which these circumstances have occurred and which, due to their occurrence, is not able to fulfill its obligations under this Agreement, is obliged to immediately notify the other Party in writing, submit written documents from the competent authorities confirming the occurrence of these circumstances and a causal relationship between the failure to fulfill obligations under this Agreement and the onset of force majeure circumstances. Otherwise, this Party is not entitled to refer to these circumstances as a basis for releasing it from liability for failure to perform or improper performance of its obligations. Force majeure circumstances include (unless otherwise stated): natural and man-made disasters, social unrest, hostilities, adoption by state authorities, the Bank of Russia of legal acts that make it impossible to fulfill obligations under this Agreement, technical reasons that arose through no fault of the Bank, in particular, power cuts, failures in electronic computing systems. Other events may also be referred to as force majeure circumstances if it is established that such circumstances made it impossible to fulfill obligations under this Agreement, and with the required level of care and diligence, the Party could neither foresee nor prevent the occurrence of these circumstances. The party must do everything in its power to prevent force majeure circumstances and the negative consequences of their action.
6.8. In all other respects that are not provided for by this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
7. GOVERNING LAW AND DISPUTES
7.1. The law of the Russian Federation shall apply to this Agreement.
7.2. All disputes between the Parties arising from the performance of this Agreement and not resolved through negotiations shall be subject to consideration in the Arbitration Court of the city of Moscow in accordance with the legislation of the Russian Federation.
8. TERM OF THE AGREEMENT, PROCEDURE FOR ITS AMENDMENT AND TERMINATION
8.1. This Agreement shall enter into force from the date of its signing by the Parties.
8.2. This Agreement is suspended for the duration of force majeure circumstances and resumes immediately after their termination.
8.3. This Agreement may be terminated and the Account closed in the following cases:
8.3.1. At the initiative of the Respondent unilaterally in accordance with the legislation of the Russian Federation.
At the same time, the Respondent sends to the Bank an Application for closing the Account, signed by the persons indicated in the signature and seal sample card (signature sample album) and authorized, and certified by the seal imprint, drawn up in the form of Appendix No. 5 to this Agreement. An application for closing the Account can be sent via the agreed communication channels in the form of an electronic document certified by means of an ES or keys.
At the same time, the Respondent returns unused cash checkbooks indicating the numbers of unused cash checks in the Application for closing the Account. In the absence of cash transactions in the Application for closing the Account, the inscription “Cheque book was not issued” is made.
Upon receipt of the Application for closing the Account, the Bank shall terminate all debit and credit operations on the Account, except for accrual of interest on the Account, if provided for by the Tariffs, and transfer of the balance of funds from the Account.
Not later than the next working day after the day of receipt of the application for closing the Account, the Bank calculates and pays interest on the balance of the Account, if it is provided for by the Tariffs, and notifies the Respondent about it.
The Respondent, not later than the next working day after the day of submitting the Application for closing the Account, submits to the Bank a Settlement Document for transferring the balance of funds, if the relevant details are not specified in the Application for closing the Account.
The Account is closed, and the balance of funds is transferred according to the details no later than 7 (Seven) business days after receipt of the Application for closing the Account.
8.3.2. On the initiative of the Bank unilaterally:
In the absence of funds on the Account and operations on the Account within 2 (Two) years;
If the Respondent's banking license is revoked and there are no funds on the Account;
In other cases stipulated by the legislation of the Russian Federation.
At the same time, the Account is closed in accordance with the legislation of the Russian Federation on the basis of a written notice of the Bank sent to the Respondent about the closing of the Account.
8.4. Funds received on the Account after its closure are subject to return to the sender with the note "Return without execution due to the closure of the recipient's account."
9. OTHER TERMS
9.1. This Agreement during the period of its validity may be supplemented or amended by the Parties. At the same time, all changes and additions to this Agreement are valid if they are made in writing and signed by authorized persons of both Parties.
Institutions that, in accordance with the regulations of the National Bank, have the right to open and maintain accounts of correspondent banks that have open correspondent accounts in foreign currency and / or in bank metals, and have opened correspondent accounts in foreign and national (if it acts as foreign) currency and/or bank metals, within 10 days from the date of conclusion of the agreement on establishing correspondent relations, form a package of documents on an open correspondent account and provide information to the territorial departments of the National Bank at the location of the institution.
Documents required for opening correspondent accounts banks of residents and non-residents in rubles and foreign currency:
1. Banks-residents of Ukraine:
Copy of license and written permission (notarized);
Card with samples of signatures in accordance with the regulations of the National Bank of Ukraine;
2. Resident banks of the CIS and Baltic countries:
Application for opening an account;
A copy of the license (notarized) of the Central Bank (if it is provided for by the legislation of the country);
A copy of the bank's charter (notarized);
Last annual report (as of the date of compilation, preceding the date of application for opening an account);
Balance as of the last date (as of the 1st day of the month preceding the date of application for opening an account);
Signature sample card or signature sample album;
List of correspondent banks;
3. Banks-residents of other countries(except for the CIS and Baltic countries and correspondent accounts of the European Bank for Reconstruction and Development (hereinafter referred to as the EBRD) in foreign currency:
A copy of the legalized license of the Central Bank of the country (if it is provided for by the legislation of the country);
A copy of the legalized charter of the bank (if it is provided for by the legislation of the country) or other document in accordance with the legislation of the country of registration of the bank;
Last annual report (as of the date of compilation, preceding the date of application for opening an account);
Balance as of the last date (as of the 1st day of the month preceding the date of application for opening an account);
Album of signature samples;
List of correspondent banks;
4. EBRD for lending to residents in hryvnia.
Account opening application;
Album of signature samples;
List of correspondent banks.
Legalization of documents is carried out in accordance with the established procedure, unless otherwise provided by international treaties, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine. Documents can be certified in accordance with the legislation of the country of their issue, translated into Ukrainian (except for documents set out in Russian) and legalized at the consular office of Ukraine or certified at the embassy of the corresponding state in Ukraine and legalized at the Ministry of Foreign Affairs of Ukraine, or certified by affixing an apostille, provided for in Article 4 of the Hague Convention of October 5, 1961, Abolishing the Requirement of Legalization for Foreign Public Documents. Copies of these documents must be notarized. There is no need to legalize documents that were issued in the Republic of Albania, the People's Democratic Republic of Algeria, the Republic of Bulgaria, the Socialist Republic of Vietnam, the Democratic People's Republic of Korea, the Republic of Cuba, Mongolia, the Republic of Poland, Romania, the Slovak Republic, the Hungarian Republic, countries formed on the territory of the former SFRY, the Czech Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia, the Russian Federation, the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, the Republic of Azerbaijan.
Documentation with corrections is not allowed. If a non-resident bank opens a correspondent account in foreign currency and hryvnia in one authorized bank, it provides only one package of documents. After receiving the documents, the authorized bank of Ukraine informs the bank that opens the correspondent account of the decision made. If a positive decision is made regarding opening an account with a correspondent bank, the authorized bank sends by mail or transmits through a bank representative the signed Agreement on the establishment of correspondent relations (hereinafter referred to as the Agreement).
The following issues must be reflected in the Agreement without fail:
1. Subject of the Transaction.
2. The procedure for maintaining an account.
3. Obligations of the parties.
4. Responsibility of the parties.
5. Dispute resolution.
6. Validity of the Agreement.
7. Special conditions.
8. Final provisions.
9. Details of the parties.
10. Tariffs.
Deals it is expedient to stipulate that banks undertake obligations to resolve payments transferred but not received, and other conditions may also be additionally provided. The agreement must be concluded in duplicate, signed by both parties and certified by the seals of banks.
Date of commencement of expenditure operations for the correspondent account of the authorized bank in foreign currency is the date of opening this account.
Authorized banks of Ukraine open correspondent accounts with non-resident banks in foreign currency in accordance with the procedure established in the countries of registration of these banks. It is not prohibited to establish correspondent relations and open correspondent accounts with non-resident banks in foreign currency by authorized banks based on the exchange of relevant messages via SWIFT, TELEX systems.
Correspondent accounts opened by institutions when establishing correspondent relations are subject to registration. Additional accounts opened in order to ensure the full range of banking activities (deposit, credit, transactions with payment cards, etc.) in the presence of already established correspondent relations with the opening of a correspondent account are not subject to registration.
A package of documents (types of documents and their list) on NOSTRO correspondent accounts opened by institutions in non-resident banks must be formed in accordance with the requirements of the current legislation of the country in which the non-resident bank is located.
A package of documents on open correspondent accounts of LORO should be formed in accordance with the requirements of the current legislation of Ukraine.
To register correspondent accounts institutions submit the following documents to the territorial department of the National Bank:
Application for registration of an open correspondent account, which sets out the purpose of opening a correspondent account, the types of operations that will be carried out on this account, the methods of communication that will be used to service the correspondent account;
A copy of the agreement on the establishment of correspondent relations
A copy of the document issued by the correspondent bank on opening a correspondent account, containing the account number, names of currencies and the date of opening the account;
Correspondent account statement, which contains general information about the correspondent account;
A copy of the license of a correspondent - a non-resident bank (except for banks of group A countries) or a similar official document that gives the right to carry out banking activities in the country of registration, certified by the bank's seal;
A copy of the payment document on payment of the fee for registering a correspondent account/accounts, which is established by the relevant regulatory legal acts of the National Bank.
Copies of documents must be certified by the seal of the institution that submits the package for registration of a correspondent account. Documents drawn up in a foreign language must be accompanied by a translation certified by the signature and seal (if any) of the person who performed the translation.
Registration of correspondent accounts institutions is carried out by the territorial departments of the National Bank within ten working days after receipt of the documents. The registration number is issued in the prescribed form.
The organization is obliged to provide the territorial department of the National Bank at its location with information on changes in the data of correspondent relations within 10 working days from the date of entry into force of the above changes. Depending on the nature of the changes, the territorial department of the National Bank:
Issues a new registration number of the correspondent account;
Makes changes to the registration number;
Makes changes to the information base for accounting for registration numbers of correspondent accounts (without issuing a new registration number and Appendix) in case of changes in technical details that do not affect the mode of operation of the account.
New registration number correspondent account is issued by the territorial department of the National Bank in the event of a change:
Name or code of the country of registration of the correspondent bank;
Full name (except for an indication of the legal form) of the organization or correspondent bank.
Changes to the registration number are made in the form of an Application, which is its integral part and is made in the event of:
Changes in the currency or the list of currencies digital currency code of the correspondent account and/or its number;
Changes in the location of the organization of the correspondent bank;
Changes in the legal form of an organization or a correspondent bank.
Correspondent account of a resident bank is closed:
By decision of the National Bank of Ukraine on the liquidation of an authorized bank or a correspondent bank in which a correspondent account is opened;
By decision of the economic court on the liquidation of an authorized bank or its correspondent bank or declaring one of them bankrupt;
By decision of the general meeting of shareholders of one of the correspondent banks on reorganization or liquidation;
In case of deprivation of a resident bank of a banking license or a corresponding clause of a written permission to carry out transactions with currency values;
On other grounds provided for by the current legislation of Ukraine or an agreement between correspondent banks.
The correspondent account of a non-resident bank is closed;
In case of liquidation or bankruptcy in accordance with the legislation of the country of registration of this bank;
In case of liquidation or bankruptcy of a resident bank in which a correspondent account of a non-resident bank is opened;
In case of deprivation of a resident bank, in which a correspondent account of a non-resident bank is opened, of a banking license or a relevant clause of a written permission to carry out transactions with currency values;
In case of termination of the agreement on the establishment of correspondent relations;
On other grounds provided for by the current legislation or an agreement between correspondent banks.
In case of closing a correspondent account, the organization (and in case of liquidation - the liquidation commission) within five working days provides the territorial department of the National Bank with information on the date of closing the accounts, indicating the reasons for closing and on the status of the correspondent account (the amount of the balance and details for transferring the balances, if they were). The correspondent account is considered closed after receiving the corresponding confirmation from the correspondent and the actual list of balances (if any). An organization that becomes the legal successor of another organization that is being reorganized is obliged, within five working days, either to re-register correspondent accounts of the latter, or to close them. Together with the information on the closure of the correspondent account, the organization submits to the territorial department of the National Bank a copy of the correspondent's notice of the closure of the account and returns the original registration number. An authorized bank of Ukraine, which opens a correspondent account in foreign currency in another authorized bank of Ukraine or in a non-resident bank, is obliged, within three working days from the date of opening this account (including the day of opening an account) to submit a notice of opening an account to the state tax authority, in which he is registered as a payer of taxes and fees (mandatory payments). The authorized bank of Ukraine, in which the correspondent account of another authorized bank in foreign currency is closed, as well as the authorized bank of Ukraine, which closes its correspondent account in foreign currency with a resident bank and / or a non-resident bank, within three working days from the date of closing the account (including the day of account closure) are required to submit a notice of closure of this account to the State Tax Service body in which the authorized bank whose account is closed is registered.
