The content and procedure for the formation of legal entities of customers. Features of the formation of the Client's legal case

"Legal work in a credit organization", 2008, N 2

Developing a certain approach to receiving and analyzing documents for the formation and maintenance of the Client's legal case helps minimize individual risks arising in banking activities.

The essential role of a credit institution is the technical support of the redistribution of the money between market participants. This is a certain mediation that is expressed in various forms: raising funds in deposits, followed by issuing loans due to raised funds, bill operations, etc.

The most significant tool for such an intermediation is definitely calculated cash services (RKO). To provide services for RTA, bringing deposits, issuing loans and providing other services to the Bank, it is necessary to enter into a customer in contractual relations and, as a rule, to open a bank account.

In accordance with the requirements of the current legislation and above all, the instructions of the Central Bank of the Russian Federation of September 14, 2006 N 28-and "On the opening and closing of bank accounts, accounts for deposits (deposits)" (hereinafter - the instruction N 28-C) Opening an account is impossible without submitting a certain Package of documents from which the client's legal entity is being formed. The formation of a legal entity, as any action, aimed at the occurrence of rights and obligations or, as a condition for the occurrence of rights and obligations, entails the appearance of risks.

Relying on the letter of the Central Bank of the Russian Federation dated 23.06.2004 N 70-T "On typical banking risks", allocate such types of banking risks as a credit, country, market, stock, currency, interest, operational, legal, liquidity, business reputation loss, strategic .

The issue of the client's legal case formation is closely related to the emergence of such banking risks as an operational, legal and risk of business reputation.

The concept of risks

In accordance with the letter of the Central Bank of the Russian Federation of 24.05.2005 N 76-T "On the organization of operating risk management in credit institutions" operational risk - the risk of losses as a result of inconsistencies in the nature and scope of the activities of the credit organization and / or the requirements of the current legislation, internal orders and procedures holding banking operations and other transactions.

First of all, operational risks arise when regulating banking operations in the internal documents of the Bank, in relation to the topic of this article - in the banking rules of opening accounts.

Incorrectly formulated requirements for the package of documents, which is required to form (update) of a legal case, and not appropriate to the scope of the Bank's activities of the procedure for verifying the submitted documents entail losses in the form of cash payments on the basis of decisions of courts and other bodies authorized in accordance with the legislation of the Russian Federation (first of all of the Bank of Russia and the Federal Service for Financial Monitoring), in the absence of appropriate documents or the presence of incorrectly executed documents. The credit organization also carries the costs of cash payments to customers in order to compensate them in an extrajudicial procedure for damages incurred by the credit institution, for example, when making a card with signatures without proper verification of the powers specified in the card, and conducting an unauthorized personality .

In accordance with the letter of the Central Bank of the Russian Federation of 30.06.2005 N 92-T "On the organization of legal risk management and the risk of loss of business reputation in credit institutions and banking groups" Legal risk - the risk of losses from a credit institution due to:

• non-compliance with the legislation of the Russian Federation, including the identification and study of clients, the establishment and identification of beneficiaries;
• non-compliance with the constituent and internal documents of the credit institution;
• the inability of the credit institution and internal documents in line with changes in legislation;
• ineffective legal work organization leading to legal errors.

The risk of loss of business reputation of a credit organization is the risk of damages from a credit institution due to:

• non-compliance with the customs of business turnover and principles of professional ethics;
• there are no mechanisms in the internal documents that make it possible to effectively regulate the conflict of clients and counterparties.

These risks are partly intersect with operational risk and arise in the formation of a legal entity with violation of the requirements of the current legislation, while risks arise in cases:

• both underestimation and overstaving the requirements for represented documents;
• the lack of a well-established system of interaction of the bank's divisions in the formation of cases, which does not take into account that the client's legal entity is that "brick", which falls into the foundation of all the work of the bank.

Consider some aspects of the formation of legal affairs, which largely contribute to minimizing the indicated risks.

Banking Rules Opening Accounts

The main internal documents of the Bank in the formation of legal entities are developed on the basis of the N 28-and banking rules for opening accounts. The specified instruction N 28-and a lot gives a lot to the deposit to the banks by himself, offering them to independently determine in the rules being developed:

• the procedure for the distribution of powers between the Bank's structural divisions in the field of opening and closing bank accounts;
• the procedure for maintaining and storing the book of registration of open accounts;
• the procedure for establishing the presence of a legal entity by the location of the legal entity, its permanent authority;
• rules of document management;
• the procedure for making a card with sample samples;
• frequency of update of legal affairs;
• the procedure for the formation of a legal entity on several accounts belonging to one client, etc.

From the point of view of the formation of legal affairs, banking rules must respond to three parameters:

1. compliance with current legislation;
2. do not conflict with other internal documents of the Bank (in particular, to counter the legalization of funds obtained by criminal means);
3. meaning accessibility.

The last criterion is associated with the fact that the main work with legal entities, in particular the reception of documents and their primary check, lead employees of the operating room, as a rule, not possessing a sufficient level of legal training. That is why banking rules must be detailed and understandable. To minimize risks in the banking rules, it is advisable to provide for an obligatory verification of the legal division of the bank of documents that make up legal affairs, both in the primary formation and when updating the case.

Documents for opening an account

Turn to the instructions N 28-and. First of all, it is necessary to take into account the provisions of paragraph 1.2 of the instructions, which indicates that the basis of the opening of a bank account is the conclusion of a bank account agreement and the submission of all documents defined by the legislation of the Russian Federation. In other words, still preserved in some banks, the practice of maximizing favored customers, expressed, in particular, is that the account opens without the submission of all the documents required under the Honest Word of the Client - "We are all a donation for a couple of days," is categorically unacceptable, so As in accordance with the specified norm, paragraph 1.2 of the instructions there are no documents - no account.

The contract concluded in this way does not entail the legal consequences - the emergence of contractual relations - and does not provide grounds for making an account on the book of registration of open accounts, which threatens both sanctions from the Bank of Russia and the Customer's claims.

Orthodox client

In accordance with paragraph 1.1, the instructions N 28-and opening a bank account is possible only if the client has legal personality, respectively, the first document that falls into the basis of the legal case is a confirmation of the presence of legal personality.

The question of establishing the availability of legal capacity from an individual was repeatedly discussed in banking forums and in the press, and the Bank of Russia provided an explanation<1>, so just recall: in legal entities there should be a copy of the document certifying the person, and in the event that, in accordance with this document, the person at the time of opening the account has not reached eighteen years, - a copy of the marriage certificate or a copy of the act of guardianship and guardianship authority on Emancipation or the decision of the Emancipation court entered into legal force. This requirement does not apply to the discovery of minors aged 14 to 18 years of deposit.

<1> Letter of the Central Bank of the Russian Federation of 12.02.2007 N 31-1-6 / 363 "On the application of the N 28-% instruction.

In accordance with the legislation of the Russian Federation, identity documents are:

1. for residents:

• passport of a citizen of the Russian Federation, the general passport, a diplomatic passport - for citizens of the Russian Federation;
• temporary identity card of a citizen of the Russian Federation, issued by the internal affairs authority before the passport;
• identity ID or military ticket of the Russian Federation;
• sailor passport;
• birth certificate with the liner (stamp) confirming the availability of citizenship of the Russian Federation - for citizens of the Russian Federation under the age of 14;
• residence permit in the Russian Federation - for foreign citizens and stateless persons permanently residing in the territory of the Russian Federation;

1. for non-residents:

• passport of a foreign citizen;
• for citizens of the states of the former republics of the USSR as a document certifying the personality, a passport, discharged on the USSR passport form;
• a document issued by a foreign state and recognized in accordance with the International Agreement of the Russian Federation as a document certifying the person of a person without citizenship - for stateless persons;
• certificate of consideration of a petition for the recognition of a refugee person issued by the diplomatic or consular office of the Russian Federation or by post of immigration control or the territorial body of the federal executive authority on the migration service, a refugee certificate - for refugees.

In addition to the identity document, an individual is obliged to submit to the bank a migration card and a document certifying the right of a foreign citizen or a stateless person to find in the territory of the Russian Federation, a copy of which must be in legal entity.

Such a document may be a residence permit, permission for temporary residence in the territory of the Russian Federation or Visa, if the regulatory acts of the Russian Federation do not provide for the stay of citizens of certain countries in the territory of the Russian Federation without the design of such a document.

Currently to countries, for citizens of which a visa-free entry into the territory of the Russian Federation are established: Azerbaijan<1>, Armenia<2>, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan; Ukraine<1>, Moldova<2>, Uzbekistan<3>.

<1> Agreement of 07/03/1997 between the Government of the Russian Federation and the Government of the Republic of Azerbaijan.
<2> Agreement of September 25, 2000 between the Government of the Russian Federation and the Government of the Republic of Armenia.
<1> Agreement between the governments of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan of 30.11.2000 "On mutual visa-free trips of citizens"; Agreement of January 16, 1997 between the Government of the Russian Federation and the Government of the Republic of Ukraine on visa-free travel of citizens of the Russian Federation and Ukraine.
<2> Agreement of 30.11.2000 between the Government of the Russian Federation and the Government of the Republic of Moldova.
<3> Agreement of 30.11.2000 between the Government of the Russian Federation and the Government of the Republic of Uzbekistan.

Documents drawn up in a foreign language are presented with a notarized translation. It is necessary to pay attention to the fact that in this case the notary certifies not the correspondence of the copy of the original document, but the authenticity of the translator signature, i.e. The legal entity should be separate, certified notarized or in order determined by banking rules, a copy.

The establishment of legal entities, as a rule, does not cause difficulties. In accordance with Art. 49 of the Civil Code of the Russian Federation, a legal entity may have civil rights that meet the goals of the activities provided for in its constituent documents and carry the responsibilities associated with this activities.

The legal capacity legal entity occurs at the time of its creation and stops at the time of its liquidation. The legal entity is subject to mandatory state registration and is considered to be created since its state registration, so all the necessary credit institutions information about the legal capacity of the potential client can be learned from its constituent documents.

Due to the fact that banks are not endowed with the authority to address the competent authorities in order to verify the accuracy of the information and documents provided (agree, print the charter, correcting in it, for example, an item on the powers of the General Director, labor will not be), for admission to a legal entity It is preferable to accept notarized copies of constituent documents with a marking of registration. If the certification of copies of documents takes place in the premises of the bank, the employee, their assured, should really cheat copies with the original, and not put the certificate inscription without looking, which, unfortunately, is found very often.

Of course, the Bank cannot verify the conscientiousness of the notary in compulsion of a certified copy with the original, but the notary, at least, is responsible, including the material, for the notarial actions performed by them, but the Bank may apply for damage to it upon the occurrence of adverse consequences. Due to the presentation of copies of documents that do not apply to the original.

The constituent documents of the legal entity established under the legislation of the Russian Federation include:

1. for legal entities registered until July 01, 2002, - Certificate of writing to the Unified State Register of Legal Entities and Certificate of Registration issued by the Registration Chamber when creating; For legal entities registered after July 1, 2002, - certificate of state registration of a legal entity;
2. charter of a legal entity;
3. for a limited liability company - a memorandum of association, and in case one participant is in society, the decision of the participant on the establishment of the Company;
4. if there are changes in the constituent documents of the legal entity - registered by the relevant body of changes to the constituent documents, the minutes of the meeting of the Commissioner, who made the decision on amending the Certificate of making an entry into the Unified State Register of Legal Entities on State Registration of Changes.

Also, in the primary formation of legal entities should be presented:

1. certificate of registration of a legal entity in the tax authority;
2. a document confirming registration in STATEGISTRA Rosstat;
3. licenses;
4. questionnaire in accordance with the provision of the Central Bank of the Russian Federation of 19.08.2004 N 262-P "On identification by credit institutions of clients and beneficiaries in order to counter legalization (laundering) of income obtained by criminal, and financing terrorism"<1> (hereinafter referred to as the position N 262-P);
5. other documents whose representation is provided for by banking rules for opening accounts.

<1> The position of the Central Bank of the Russian Federation of 19.08.2004 N 262-P "On the identification by credit institutions of customers and beneficiaries to counter the legalization (laundering) of income obtained by criminal means and financing terrorism."

The requirements for the statute are set out in detail in:

• Federal Law of December 26, 1995 N 208-FZ "On Joint-Stock Companies" (hereinafter - the Law N 208-FZ);
• Federal Law of 08.02.1998 N 14-FZ "On Limited Liability Societies" (hereinafter - the law N 14-FZ).

When checking the charter, it is worth paying attention to the delimitation of authority of the management authorities: the election of the sole executive body and the period for which it is elected to the competence of which authority.

The situation is often found when the Charter of the joint-stock company is simply "written off" from the law N 208-FZ without taking into account the needs and capabilities of a particular society and provides for the education of the Board of Directors, whose competence refers to the election of the sole executive body, but shareholders do not plan the election of the Board of Directors and Assign the director of society themselves.

In this case, to confirm that the sole executive body has been elected authority to the authority, the minutes of the meeting of the General Meeting of Shareholders must be kept in legal entity, in which it is directly indicated that the shareholders decided the Board of Directors not to elect and schedule director independently. The constituent documents also include the minutes of the meeting of founders / participants, which decided to establish an organization and approval of statutory documents. In the case, all changes and additions to the charter, having legal force at the time of the formation of the case, should be kept.

This means that if a legal entity was a charter, which made a change, but at the time of the formation of a legal entity adopted a new version of the Charter, the old charter with changes to the bank will not need (with the exception of one case - when the sole executive body was appointed during the period of the old edition Charter and we need to confirm its powers). Similar to the situation and amendments to the memorandum.

As for the certificate of registration of a legal entity in the tax authority, for a legal entity - resident is a banal certificate of assigning the INN, and, if the organization has changed the legal address, it should also be a certificate of registration on the location of a legal entity. The same also for an information letter about accounting in Stateregistra Rosstat.

A foreign organization receives in the tax authorities KIO - the code of a foreign organization. If a foreign organization does not carry out activities in the Russian Federation through branches, offices, other separate divisions, not registered as an international organization, does not have real estate and vehicles in the Russian Federation, such an organization is subject to accounting in the tax authority at the placement On the bank accounting (at the location of the branch), in which they opened the bill. Such a foreign organization is issued a certificate of accounting in the tax authority<1>.

<1> Regulation "On the features of accounting in the tax authorities of foreign organizations" (approved by the Order of the Ministry of Education and Science of Russia from 07.04.2000 N UP-3-06 / 124) // Bulletin of regulatory acts of federal executive bodies. 2000. N 25.

A foreign organization can carry out activities in the Russian Federation through its separate divisions - branches and representative offices. The representative office of a foreign legal entity is considered open in Russia from the date of issuing permits for its discovery - accreditation. Accreditation is carried out for up to 3 years<2>. The branch is created in a similar manner. Accreditation is carried out in accordance with the Federal Law of 09.07.1999 N 160-FZ "On Foreign Investments in the Russian Federation". Accreditation of branches of foreign legal entities in Russia and their register are carried out by the State Registration Chamber with the Ministry of Justice of Russia. Accreditation of a branch of a foreign legal entity is carried out by a period of up to 5 years with the possibility of subsequent extension.

<2> Decree of the Council of Ministers of the USSR "On approval of the Regulation on the procedure for opening and activities in the USSR representative offices of foreign firms, banks and organizations" // Code of Laws of the USSR. T. 9. P. 173.

The N 28-and determines the manual that the client presents the licenses available in it only if the license data is directly related to the client's legal capacity to enter into a bank account agreement of the relevant view. However, in practice, the type of activity carried out by the client matters to determine the level of risk in accordance with the rules of internal control on countering the legalization of income obtained by criminal means. In this regard, if the client has licenses, it is advisable to copy these licenses in legal entity, regardless of whether they have a relationship to the legal capacity to open an account or not.

Customer Identification

Determining the level of risk is directly related to the identification of the client, which the Bank must be carried out in accordance with paragraph 1.2 of the instructions N 28 and and the position N 262-n. In accordance with paragraph 1.8 instructions N 28-and all of the information about the client must be documented.

A document confirming the identification of the client is a client profile, the form and order of filling of which are approved by the Bank in the Internal Control Rules for Countering the legalization of income obtained by criminal means. The completed questionnaire is a full part of the legal entity and should be updated with every change in the case.

To other documents, whose representation, when opening an account, is provided for by banking rules for opening accounts, may include an extract from an incorporation, which is simply indispensable, since, just after referring to it, you can check whether all registered changes in the constituent documents submitted the client - legal face. Also in legal entity should be a document confirming the presence of a permanent management body at the location of the organization. The confirmation procedure and the type of such a document are established by the Bank itself.

As an additional inspection, individual banks exit at the location of the client and constitute an act of verification, which is involved in a legal entity. But, as a rule, banks are limited to checking the reality of the location address on various databases or are satisfied with written confirmation from the client.

The instruction N 28-and and the position N 262-P also requires the bank to identify beneficiaries. Usually, with the initial formation of the Client's legal case, they are asked to submit a document (a peculiar analogue of the warranty letter), which the client confirms that it acts solely in its own interests and does not have beneficiaries, and in the event that those appear, it undertakes to submit all the information needed to identify them Bank term.

One of the most important documents of the legal entity is a card with sample samples. If the account belongs to the physical face, the instruction N 28-and allows the card not to execute (clause 1.12), in all other cases without a card can not do. When checking a card with sample signatures, you should pay attention to:

• compliance with the submitted card form approved by the instruction N 28-and;
• availability of appropriate certificate inscription;
• lack of corrections and intelligibility of signatures.

In accordance with the instructions of N 28 and persons endowed with the right of the first or second signature, it is obliged to submit an identity document, as well as documents confirming the availability of appropriate authority.

According to paragraph 7.5, the instructions N 28-and the right of the first signature belongs to the Client Head - a legal entity (solely executive body), as well as other persons (with the exception of the persons specified in paragraph 7.6 of the instructions N 28-C), endowed with the right of the first signature by the regulatory Act of the head of a legal entity or on the basis of a power of attorney issued in the manner prescribed by the legislation of the Russian Federation.

In accordance with clause 7.6, the instructions N 28-and the right of the second signature belongs to the Chief Children's Chief Accountant - a legal entity and / or persons authorized to conduct accounting on the basis of the administrative act of the head of the legal entity. In other words, the instruction N 28-and definitely establishes that those who are not the leader and the chief accountant of a legal entity must be provided. At the same time, entitled to the right of the second signature is possible only with respect to the person authorized to conduct accounting, which should be direct indication in the administrative document or power of attorney.

In accordance with the legislation of the Russian Federation, the functions of the sole executive body may be assigned to the Governance Organization. In this case, as a person with the right of the first signature, the sole executive body of the Management Organization or employees of the Management Organization, which is provided by the administrative act of the management organization or attorney.

When the functions of the sole executive body performs the management organization, a question of the first signature of the seal arises. At that expense, opinions exist directly opposite.

On the one hand, the person who acting the sole executive body of the Client is the management organization as a whole, and, accordingly, the person acting on its behalf must assure its signature to the Printing of the Management Organization, and in the case when the document (including financial and settlement) Published on behalf of a managed organization - also its seal, i.e. One document is put on one signature and two prints.

On the other hand, the stagnation of two seals of different organizations per signature is doubted from the point of view of the customs of business turnover.

Legally, unfortunately, this issue is not settled, but we want to give an example from judicial practice. Thus, the FAS of the North-West District in the decision of October 16, 2003 in case No. A66-2852-03 found that the power of attorney committed by the management organization on behalf of a managed organization was properly signed by the Director General of the Management Organization with the Print Application of the managed organization.

Some features of the formation of a legal entity on a non-resident account

Documents compiled outside the Russian Federation with the participation of foreign officials should be legalized or apostily placed in the prescribed manner. Documents drawn up in a foreign language should also be accompanied by a properly certified translation into Russian. There are two possible legalization cases<1>.

<1> Klyuchnikov Yu.V. Check documents of non-residents in banking activities // Banking law. 2005. N 4.

In the first case, the consular officials of the Russian clutches are carried out legalization of documents decorated within the consular district. In the second, the legalization of documents decorated abroad is carried out in Russia by officials of the Ministry of Foreign Affairs of the Russian Federation.

The Russian Federation is a member of the Hague Convention from 05.10.1961 (hereinafter - the Hague Convention), which abolishes the requirement for the legalization of foreign official documents, which provides that the only formality that may be demanded to certify the authenticity of signature and quality, in which the person signed the document And in a certain case of the authenticity of the print or stamp, which this document is fastened, in the States Parties to the Convention is the station of the apostille by the competent authority of the state in which this document was performed.

Signature, printing or stamp, affected by apostille, do not require any additional assurance, however, the requirement to translate the apostille into Russian was not canceled and should be observed.

Apostilizing are not subject to documents relating to commercial activities, but official acts committed on these documents (for example, a certificate notary inscription) must be apostilylated.

Exemption from legalization and other formalities against documents of foreign purposes is also envisaged by the legal assistance treaties in which the Russian Federation participates.

The most famous and frequently used treaty of this kind is the Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Affairs, signed in Minsk on January 22, 1993 (hereinafter referred to as the Minsk Convention).

The Minsk Convention operates in relations between Russia with the CIS countries; For Russia, it entered into force on December 10, 1994 according to Art. 13 of this Convention Documents that are prepared or testified on the territory of one of the Contracting Parties to the establishment or specially authorized person within its competence and on the prescribed form and are fastened with stamp printing, accepted in the territories of other Contracting Parties without any special certificate. For example, a copy of the Charter of the Belarusian Bank, certified by the Belarusian notary, presented to open an account, does not need a non-receipt in legalization or apostilization (which does not cancel the requirements for the translation, such a translation or the signature of the translator is more expedient to verify in Russia from a Russian notary, otherwise the Certain inscription of Belarusian Notary again will need to translate into Russian).

Similar contracts operate, in particular, in relations between Russia with Albania, Algeria, Argentina, Bulgaria, Hungary, Vietnam, Greece, Egypt, Iran, Iraq, Spain, Italy, Yemen, Cyprus, China, DPRK, Cuba, Latvia, Lithuania, Mongolia , Poland, Romania, Slovenia, Tunisia, Czech Republic and Slovakia, Finland, Estonia.

Since the wording of the relevant contractual provisions in various agreements have differences, when verifying non-resident documents, it is necessary to contact the text of a certain international agreement every time, which may limit the action of provisions that cancel certificate procedures defined by situations.

In accordance with Art. 1202 of the Civil Code of the Russian Federation the status of a legal entity, including its internal relations, is determined by the personal law of a legal entity; Personal law is the right to country where a legal entity is established. Consequently, the audit of the legal entity is a legal entity - non-resident and the powers of its bodies / representatives to commit legally significant actions should be carried out on foreign legislation. In general, information on the legal capacity of a particular legal entity is contained in the statutory documents.

Based on the information contained in the Charter, it is possible to conclude on the purpose of the activities of the legal entity, the procedure for managing it, including the procedure for the appointment of the sole executive body (director), and in the case of the appointment of several directors, the procedure for making decisions. The very fact of registration of a legal entity is confirmed, as a rule, evidence of incorporation. An equally important document is an extract from the country's sales register of incorporations of a legal entity, in which, in addition to information on registration of a legal entity, its shareholders (participants), location, is as a rule, as a rule, information about persons entitled without a power of attorney to act on his behalf.

The right to sign documents can follow from albums with sample samples. In such albums, non-resident officials are divided into certain categories (for example, A, B, C). An integral part of the album is usually a detailed list of transactions indicating the right of their sole or joint signature by officials of certain categories.

Features of the formation of a legal entity on the notary accounts, lawyer, court, bailiff services, a correspondent account of a credit institution

Instructions N 28-and provide certain features in the formation of a legal case on the notary accounts, lawyer, court, bailiff services, a correspondent account of the credit institution.

When opening a correspondent account, a change of cards in the case, a letter of the territorial institution of the Bank of Russia confirms the approval of the candidates of the employees of the credit institution, the appointment of which is subject to coordination with the Bank of Russia, when specifying these people in the card.

When opening a notary account, a lawyer in the case attracts a document confirming the appointment to the post of notary, issued by the judicial authorities of the constituent entities of the Russian Federation, the lawyer submits a document certifying the registration of a lawyer in the lawyer registry.

With the opening of the Deposit Country of the Court, the bailiff service is a document on the legal status of the court, the division of the bidding service that the account opens. The first signature right belongs to the Chairman of the Court to whom the account is opened, the elder bailiff of the division of the bailiffs that the account opens. The right of the second signature is provided by the Judicial Department at the Supreme Court of the Russian Federation, the head of the Justice body or the main bailiff of the constituent entity of the Russian Federation<1>.

<1> Order of the Ministry of Justice of Russia from 01/29/1998 N 10 "On accounts of the Bailiff Service".

In accordance with clause 1.10 instructions N 28-and bank must systematically update customer information, the frequency of such updates should be determined by the banking rules of opening accounts, but no authority to fulfill this requirement to banks does not give, the clients themselves are updated only when There is a need to replace the card. Nevertheless, it makes sense with the frequency defined by bank accounts for opening accounts to update the case, send requests to clients requests to confirm the data stored in the client's legal entity, or, in case of any changes that have occurred since the last update of the legal entity, Submit new documents. Copies of query letters should be stored in the case.

When closing the account, the legal entity is subject to storage. Previously, there was an exemplary list of documents formed in the activities of credit institutions, indicating storage terms, which was canceled in 2000. Currently, we can determine the term of storing a legal case on the basis of a list of type management documents formed in the activities of organizations, indicating the timing of storage<1>.

<1> A list of model management documents generated in the activities of organizations, indicating the storage time (approved. Rosarhiv. 06.10.2000) // Collection of steering documents of Rosavtodor and federal authorities with industry importance. M., 2001. N 2.

In accordance with the list of bank account agreements, five years are kept, in accordance with the Federal Law "On Countering Legalization (Laundering) of Revenues received by criminal means and financing terrorism"<2> The information needed to identify the client is subject to storage at least five years. This period is calculated from the day the termination of relations with the client. Thus, the shelf life of the legal entities is five years at the end of the contract.

<2> Federal Law of 07.08.2001 N 115-FZ "On Counteracting Legalization (Laundering) of Revenues Revenues Revenues and Financing Terrorism".

This article discusses some aspects of the formation of legal entities of customers who can cause difficulties in practical workers.

In conclusion, I would like to note that the legislative regulation of the composition of the legal case in recent years has become a clearer and less controversial and thanks to this, work with customer 'cases mainly requires only sequences, care and accuracy.

Yu.S. Svorovova

Chief Specialist

Registration-Emission Department

legal management,

10.1. A legal entity is formed by the Bank for each bank account, an account on the deposit (deposit) of the Client.

One legal entity can be formed on several customer accounts. Cases and procedure for the formation of one legal case on several client accounts are determined by the Bank in the Banking Rules.

(as amended by the instructions of the Bank of Russia of 28.08.2012 N 2868-y)

The client's legal case is assigned a sequence number in accordance with the banking rules.

In the event that the person who addressed to the Bank for opening a bank account, the deposit account (deposit), is a representative of several clients, the Bank has the right to place copies of documents (or information about their details) certifying the personality of the representative, as well as documents confirming the availability of Relevant authority, in the legal case of one of the clients, in whose interests the representative is valid. At the same time, legal affairs of other clients must contain information indicating a legal entity in which the specified documents of the representative of these clients are placed. Cases and procedure for the formation of clients' legal affairs, on behalf of which one representative operates, is determined by the Bank in the banking rules.

(paragraph was introduced by an indication of the Bank of Russia of 25.11.2009 N 2342-y)

10.2. The legal entity is placed:

documents and information provided by the Client (its representative) when opening a bank account, deposit account (deposit), as well as documents submitted in the event of a change in the specified information;

agreement (contracts) of a bank account, deposit account (deposit), amendments and additions to the indicated agreement (these agreements), other contracts that determine the relationship between the bank and the client on the opening, maintenance and closure of a bank account, the deposit account (deposit);

documents concerning sending reports to the tax authority on the opening (closing) of the bank account;

correspondence of the Bank with the client on the opening, maintenance and closure of the bank account, the deposit account (deposit);

invalid card strength;

other documents relating to the relationship between the client and the bank on the opening, maintenance and closure of the bank account, the deposit account (deposit).

The cards presented and used when servicing cards are subject to storage in the place determined by the bank independently.

(paragraph 10.2 as amended. Instructions of the Bank of Russia dated 14.05.2008 N 2009-y)

10.3. In case of seizure (recess) of the document (its copies) in cases established by the legislation of the Russian Federation, on the basis of a decision (resolution) of the state body, the documents received by the Bank are placed in the legal entity received during the seizure of the document (recession).

When drawing up one document during the seizure of documents from several legal affairs, the document (a copy) received by the Bank, received by the Bank, when withdrawal of documents, is placed in one of the legal affairs, to other legal entities are placed by a copy of the specified document.

When withdrawal (excavation) from the legal case of a document (its copies), the Bank is obliged to accept all the measures necessary and possible in the current circumstances for the placement of a certified copy of the present document into a legal framework.

10.4. The bank must eliminate unauthorized access to the legal entities of customers when stored.

10.5. In case of termination of the client's service in one division of the bank and transfer it to the service to another division of the bank, a legal activity can be transmitted from one bank division to another in the manner prescribed by banking rules.

(p. 10.5 as amended. Instructions of the Bank of Russia dated 14.05.2008 N 2009-y)

10.6. Legal affairs are kept by the bank during the entire term of the bank account agreement, the deposit account (deposit), and after the termination of relations with the client - during the period established by the legislation of the Russian Federation.

The deadlines for storing documents in electronic form relating to the relationship of the Bank and the Client on the opening, maintenance and closure of a bank account, the deposit account (deposit) should be at least the time for the storage of the appropriate legal entity of the Client.

1. On the individual - a copy of the document of the identity of the client or person, whose personality needs to be established when opening a bank account, deposit account (or information about their details). For foreign citizens or stateless persons, a copy of a migration card and (or) a copy of the document confirming his right to stay (accommodation) in the Russian Federation is being made.

Department of Banking Audit on issues related to the storage of the Client's Legal Case

Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No. 558 "On Approval" of the List of Model Management Archive Documents formed in the Process of State Bodies, Local Government and Organizations, with an indication of the storage time "determines the storage of a bank account agreement for 5 ( Five) years after the expiration of the contract.

Chapter 10.

In the event that the person who addressed to the Bank for opening a bank account, the deposit account (deposit), is a representative of several clients, the Bank has the right to place copies of documents (or information about their details) certifying the personality of the representative, as well as documents confirming the availability of Relevant authority, in the legal case of one of the clients, in whose interests the representative is valid. At the same time, legal affairs of other clients must contain information indicating a legal entity in which the specified documents of the representative of these clients are placed. Cases and procedure for the formation of clients' legal affairs, on behalf of which one representative operates, is determined by the Bank in the banking rules.

Bank client law case

Explanations for individualsIn the event that the contract provides for the certificate of the Office of Cash, which is on the account, third parties using an analogue of its own signature, presented documents confirming the powers endowed with the right to use an analogue of his own signature.

Article: Features of the formation of the Client's legal case (Suvorov

Agreement between the governments of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan of 30.11.2000 "On mutual visa-free trips of citizens"; Agreement of January 16, 1997 between the Government of the Russian Federation and the Government of the Republic of Ukraine on visa-free travel of citizens of the Russian Federation and Ukraine.

Bank account agreement, its content, responsibility of the parties

The Bank is not responsible for delays, errors arising from unclear, inaccurate or incomplete customer orders. The bank's responsibility does not occur if the customer's accounting operations are delayed due to the fault of the Central Bank of the Russian Federation, other credit institutions.

Regulations on the procedure for opening and closing bank accounts of clients of legal entities, individual entrepreneurs and individuals involved in the procedure established by the legislation of the Russian Federation private practice, in JSCB TGB Tver 2012

When drawing up a single document in seizing (recess) of documents from several legal affairs, a document (its copy) was placed in one of the legal affairs (its copy) received by the Bank when withdrawal of documents (recess) of documents, copies of the specified document certified by the Bank / Branch of the Bank are placed in other legal affairs .

Instruction of the Central Bank of the Russian Federation from N 28-and (ed

In the presence of several bank accounts, accounts for the deposit (deposit) of one client, open in one bank, one legal activity on several accounts of the Client may be formed. Cases and procedure for the formation of one legal case on several client accounts are determined by the Bank in the Banking Rules.

Disclosure of bank secrecy in favor of the fiscal interests of the state

All sorts of tax evasion schemes and attempts to illegal VAT refunds from the budget are under constant close attention of the tax service. With the appearance of suspicion of unscrupiance, the tax authorities are required to carry out the so-called "counter-checks" of all the counterparties of the organization that fell in the field of interest of fiscal. When checking, they tend to request information about the economic activity of the counterparty, the location of his offices and warehouses, the availability of personnel in the state, wage level, the presence of fixed assets and other information.

Features of the formation of the Client's legal case

The most significant tool for such an intermediation is definitely calculated cash services (RKO). To provide services for RTA, bringing deposits, issuing loans and providing other services to the Bank, it is necessary to enter into a customer in contractual relations and, as a rule, to open a bank account.

Customer Dossier on Open Account in Bank

Do you know, dear customer customers, which, in accordance with the instruction of the Central Bank of the Russian Federation of May 30, 2014, N 153-and "On the opening and closing of bank accounts, accounts for deposits (deposits), deposit accounts", with each opening of you any banking Accounts, accounts for deposit (deposit), banks are required to make a client's legal entity.

The client's legal entity, this is a list of documents on the opening and conduct of the client's account / accounts established by the Bank in accordance with the requirements of the Bank of Russia.

The legal activity is formed by one of two ways, which are prescribed in the Rules of the Bank, namely:

• for each banking contribution (score) of the client, a separate case is formed;


• one case is formed into multiple open accounts / deposits.

What is placed in the legal entity? In accordance with Article 10.2 instructions of the Central Bank of the Russian Federation of May 30, 2014 N 153-and to the Bank's Client's legal entity, the following documents are placed on an open contribution / score:

№№	List of documents	Explanations for individuals
1.	Documents and information provided by the Client (his representative) when opening a bank account, deposit account (depositor), as well as documents submitted in the event of a change in the specified information.	On a physical person - a copy of the document certifying the identity of the client or the person, whose personality needs to be established when the bank account is opened, the deposit account (or information about their details). For foreign citizen or stateless persons, a copy of the migration card and (or) a copy of the document confirming his right to stay (accommodation) in the Russian Federation is additionally made.
2.	Agreement (contracts) of a bank account, deposit account (deposit), amendments and additions to the indicated agreement (these agreements), other contracts that determine the relationship between the bank and the client on the opening, maintenance and closure of a bank account, the deposit account (deposit);	In the event that the contract provides for the certificate of the Office of Cash, which is on the account, third parties using an analogue of its own signature, presented documents confirming the powers endowed with the right to use an analogue of his own signature.
3.	Documents concerning sending reports to the tax authority on the opening (closing) of the bank account;	And a copy of the certificate of registration in the tax authority (if available).
4.	Correspondence of the Bank with the client on the opening, maintenance and closure of the bank account, the deposit account (deposit);	This can be placed on the opening of the account, to issue a card or for issuing an additional card, an application for blocking an account, an application for verification of a disputed operation, etc.
5.	We lost the strength of the signature sample card.	The cards used when servicing customers are subject to storage in a place determined by the bank independently - it can be iron cabinets or safes. The card is valid until the bank account contract is terminated, the closure of the deposit account (deposit) or before it is replaced by a new card, and only after that it is placed in the case.
6.	Other documents relating to the relationship between the client and the bank on the opening, maintenance and closure of the bank account, the deposit account (deposit).	Customer statements on the search for translation; Requests for notaries and ships; Valtory order of the client, decorated in a bank, claims to the bank, etc.

In accordance with the banking rules, the Bank assigns the sequence number to each formed legal law. In addition, the Bank is obliged to take all necessary measures to exclude unauthorized access of unauthorized persons to client cases when stored. And such a requirement for storing cases is justified, since they are information that makes up a bank secrecy.

If, on the basis of a decision (decree) of any state body, an exhaustion (excavation) from the legal entity of the document (-th) is placed in it, the declaration documents are placed on it (decree on withdrawal, act of seizures and copies of seized documents).

After the termination of the relationship with the client, i.e. After closing the account or accounts, the client's case is stored during the period established by the legislation of the Russian Federation.

Photos from Onflictmanagement.ru

Talking in the case, not to ask extra questions, do not quarrel with opponents, forget about references to the Constitution and your own regalia. And the main thing is to prepare well for the process. Partners of leading law firms and famous lawyers told "Right.ru", how to behave in the courtroom, so as not to harm the client, what lawyers cause the greatest respect from judges and what phrases under no circumstances should be pronounced during the meeting.

Vadim Kludgant, lawyer, k. And. N., Vice-President of the Bar of Moscow

We are not only talking in words, but also with all your appearance. Therefore, first of all, lawyers can not come to court with obscure and untidy, dressed as on the beach, "a ski" or in a nightclub. This is not only an unacceptable converter and violation of the rules of professional ethics, but also a distinct signal not to perceive the seriously of such a lawyer and everything that he will say.

Another golden rule: do not ask the question, if not confident in the content of the answer you will get. This is an important component of the sacred commandment "not harm."

Judicial debate is the only way to systematically and comprehensively state the position of protection on the basis of everything that is in the case and is investigated in court. And thereby legally affect the formation of the inner conviction of the court before the decision on the case. Therefore, it is impossible to refuse to participate in the debate under any circumstances, including as a protest against the judicial arbitrariness. On the contrary, in the debate you need to evaluate and to him.

Anatoly Kucherena, lawyer, professor, D. Yu. n., Member of the Public Chamber of the Russian Federation

The golden rule is to behave adequately, without a hawking, characteristic of man in everyday life. The trial - in some way the solemn event, to which they are being prepared - or in any case should prepare - parties.

When we talk about the trial or a consequence, it is impossible to speak primarily that it can force the court to doubt the facts that indicate, for example, the innocence of the principal.

It is necessary to speak clearly and solely in relation to the subject of the court hearing: to eradicate liberty associated with rhetorical, philosophical reflections. This, as a rule, does not benefit - turns into laughter or Hochma, depending on the situation. Judges, as a rule, are always respected to the side in a process that tries not to go beyond the subject matter of what is associated with a specific case.

Andrei Grivtsov, lawyer, partner AB "ZKS"

"I ask to postpone the court session, since it was not enough time to prepare for the process"

It is impossible not to be ready for the process, but even more so talk about it. Such unpretentiousness immediately rushes into the eyes, characterizes a lawyer from a non-professional side, sharply lowers the level of confidence in both the client and from other participants in the process. Public statements about the unaware of the process, requests to postpone the meeting on this basis always cause a sharp reaction from the judge, other participants in the process, which, when planning their work schedule, come from the fact that their colleagues cannot bring and disrupt the meeting.

What to do: Get ready, prepare and prepare again. Carefully study the materials of the case, write key proofs, draw up a list of questions for every witness. Whatever your reaction rate on what is happening at the court session, and the overall theoretical level, without preparing for a specific process, can not do. Preparation methods may be different and depend on the individual characteristics of each lawyer. Someone loves to write out the individual theses of their speeches, someone writes the speeches entirely, someone holds everything in the head. But in any case, not a single lawyer who calls himself a professional cannot show unpreparedness to the process.

It is impossible to underestimate its procedural opponents, think about them dismissively, and even more so talk about it at the court hearing. The underestimation of the procedural opponent, the insufficient forecasting of its arguments leads to the defeat, because at some point you will find yourself not ready to answer the argument suddenly used by an opponent.

What to do: Always proceed from the fact that your procedural opponent is smarter than you, try to evaluate evidence in the case not only from your position, but also from the position of the opposite side. In the preparation for the meeting, at some point, try to start thinking as a procedural opponent, put himself in his place, come up with all possible arguments and the same arguments from themselves.

It is impossible to show disrespect for the court and opponents, to move in dispute on the individual, to use any expressions that at least die from the honor and dignity of another person. This seemed to be a fundamental rule, many lawyers neglect, believing that any arguments are allowed in the procedural dispute. Any manifestation of disrespect for the procedural enemy, and even more so by the court, can not but cause a response, affecting the objectivity of the decision taken in the case. The result will not be an assessment of your legal arguments, but an assessment of your personality, which can affect the fate of the client, which is absolutely unacceptable.

What to do: The answer to this question is in legislation on the bar: in all cases, to show the honor and dignity inherent in professions. Confidently to withstand and defend your own procedural position, not dropping to the jacks, scandals, shouts, insults of other participants in the process. To behave respectfully towards the court and opponents, to instill respect for you both to you and the position you are upcoming, never forgetting that in the future any participant in the process and even the judge can become your client. By the way, similar clients who add to you on the results of the assessment of your work in another process are the best sign of professional recognition.

Anna Grishchenkov, partner:

"How I already said ..."

Yes, sometimes the judge asks questions and clarifications in circumstances that are already covered by a lawyer. There may be various reasons depending on both a lawyer (not clearly explained) and from the judge (I did not hear, I did not understand, I forgot). The task of a lawyer is not to demonstrate to the court of its superiority and "mistakes" of the Court, but to convey the position of the client so that the judge not only understood, but also remembered.

Those lawyers who themselves act as arbitrators in the arbitration proceedings begin with great sympathy and understanding to refer to the judges of state courts, overloaded work.

Never cut judge.

The lawyer may seem to appear that he has already understood the question, and he can start responding, without hearing the judge. Sometimes it happens that the court's question is complex, and the lawyer, interrupting, unconsciously hopes to avoid it.

It should be carefully and quietly to listen to the judge to the end - even if the question or comment stretched for a few minutes. Answer whenever possible and briefly. To do this, until the meeting, it is necessary to think about what the court may ask.

The greatest effect gives "bilateral recognition" - when negative things have reverse positive advantages (as an example from advertising - "our restaurant is small, but cozy"). If we are talking about the comment of the court, with whom the lawyer does not agree, it is better to start with the words "yes, and ..." and then go to refutation. In this case, the voltage and conflict between the lawyer and the judge will not arise.

Evgeny Shestakov, managing partner:

"Read my complaint, everything is written there.- I do not have such a duty to give you / talking.- Do you even read the Civil Code?- Are you exactly a professional representative?- Every student knows it! "

Procedural rudeness - a sign of non-professionalism. For example, refusal to give the side a copy of the document that she has no, if she asks, motivating sending all the documents by mail or the right to familiarize themselves with the case. Such behavior does not demonstrate knowledge of procedural law, but indicates the inadequacy of the party or the weakness of the legal position and the calculation of the fact that the other party will not have time to prepare countersders.

It is impossible to contact the Arbitration Court "Your Honor", as well as to say "Treaty", "petition" - all these blood from the ears, primary signs of non-professionalism.

Avoid conversations for the life and story of the history of the conflict, "starting from the primitive-communal system."

It is silly to refer to the speeches of the president to the Federal Assembly or to the Foreign Policy: "Satisfying the lawsuit of the American company, you pour water to the mill of world imperialism."

Marina Kostina, lawyer:

"Dear Court, opponent deceives or introduces the court to delusion!"

This formulation can be assessed as an unscognized statement, and the more such statements, the less the attention of the court to them.

"Dear Court, the position of the opponent contradicts the facts presented in the case file."

It will be important to be called, how exactly indicating the sheets of the case where they are. Such a statement will allow you to evaluate your arguments as more convincing.

Maxim Kulkov, Managing Partner:

No need to contact your opponents, especially arguing with them.

The main addressee of all your speeches and replicas is a judge or chairman, if the matter is listening to the board. It is before him to convey all the necessary information. It makes no sense to convey it to the opponent, it is even harmful. If he understands your idea, it is unlikely that it is repent and recognizes the claim or refuses him. The opponent will start thinking over the counterprocement, keep it in ignorance! An exception can be the suppression of rudeness with the nasty side, but then you must be sure that you will do it better than the judge.

Not to be called representatives of the other party.

Meet them, come into contact, at least waiting for the beginning of the hearing in the court corridor. They are not your enemies, they are the same lawyers as you perform our work. First, it will help to remove the atmosphere of aggression in the courtroom, which will definitely be appreciated by the judges. Secondly, opponents can tell you a lot of interesting and useful for your position in the case.

No need to warm in front of the judges.

Many people think that if he got on the rear legs, you will get more respect for the court. This is not true. Judges do not like rudeness and arrogance, but respect the firm, confident and calm position of the lawyer. There are exceptions, but this is to a psychiatrist.

Prepare the theses or skeleton performances as a crib, but not more. The more likely it is, the more persuasiveness. It is better to repeat the position in other words that will be easiest to be perceived by the judge based on its psychology.

"We do not know anything about the actual circumstances of the case, but we have already presented all the necessary evidence."

Indeed, often presented evidence is enough to consider the case, and the courts broadcast a formal approach to studying them, however, ignoring the representative of the actual circumstances related to the subject of the dispute can greatly weaken the position, and in ambiguity of the case, a key role in making a decision.

"As part of the execution of the contract, services were carried out / work, which is directly confirmed by the presented evidence, but only profile specialists will be able to answer questions about the technical component and methods of their implementation." Remember: awareness of the representative of the facts and circumstances, and not only about the documents submitted to the court, are an additional confirmation of the good faith of the presented position.

Sergey Grishanov ,:

A similar phrase is absolutely unacceptable and, as a rule, brings more shame in case of loss on its author. Proper, or correct, alternative to empty brew, in my opinion, does not exist. In the process, it is not necessary to refer to the "rich practice", as well as to scientific degrees, titles, titles and experience, emphasizing the indulgent attitude towards the opponent.

Andrei Knyazev, managing partner:

"According to the article ... Constitution of the Russian Federation ..."

In addition, it is not necessary to repeat more than two times even the fundamental theses of their speech. The main theses and thoughts that you want to convey the court should still be in writing are attached to the case (statements, testimony, petitions, etc.)

Evgeny Zhilin, partner Quorus:

Do not detractive the dignity of the judge, even if he / she is wrong. The judge is the chief conductor of the process, and the lawyer is useful to remember it.

Do not doubt what has been said, even if it is incorrect. Sometimes the pressure and confidence helps more than the exact citation of laws and judicial practice.

It is also not worth grabifying the arguments "for later", it is better to immediately designate the entire petitions and arguments in the case. The tactics of the partisan war, as a rule, does not help in the Russian court.