The bank is obliged to carry out for the client the operations provided for for accounts of this type by law, the banking rules established in accordance with it and the business customs applied in banking practice, unless otherwise provided by the bank account agreement (Article 848 of the Civil Code).

The main transactions performed on a bank account are:

• – crediting incoming funds to the client’s account;
• – debiting certain amounts of money from the client’s account.

The bank writes off funds from the account according to the general rule on the basis of the client’s order (clause 1 of Article 854 of the Civil Code) or with his consent (Article 874 of the Civil Code). Without the client's order, debiting funds on the account is permitted by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client.

If there are funds on the account, the amount of which is sufficient to satisfy all the requirements presented to the account, these funds are written off from the account in the order of receipt of client orders and other documents for write-off (calendar priority), unless otherwise provided by law.

If there are insufficient funds in the account to satisfy all the requirements presented to it, funds are written off in the following order (clause 2 of Article 855 of the Civil Code):

first of all write-offs are carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the collection of alimony;

secondarily write-offs are made according to executive documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working under an employment contract, including a contract for the payment of remuneration under an author's agreement;

thirdly write-offs are made according to payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and compulsory medical insurance funds;

fourthly write-offs are made according to payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the third stage;

in fifth place write-off is carried out according to executive documents providing for the satisfaction of other monetary claims;

in sixth place write-offs are made for other payment documents in calendar order.

Debiting funds from the account for claims related to one queue is carried out in the calendar order of receipt of documents.

If there are insufficient funds in the account, the bank has the right to provide the client with a special type of loan - overdraft, if such a possibility was provided for in the account agreement. An overdraft is expressed in the bank making payments from the client’s account for the amount specified in the agreement in the absence of funds in this account. The rights and obligations of the parties related to crediting the account are determined by the rules on loans and credit (Chapter 42 of the Civil Code), unless otherwise provided by the bank account agreement. At the same time, the bank’s monetary claims to the client related to crediting the account (Article 850) and payment for the bank’s services (Article 851), as well as the client’s claims to the bank to pay interest for the use of funds (Article 852) are terminated by offset (Article 410), unless otherwise provided by the bank account agreement. When offsetting these claims, the bank is obliged to inform the client about the offset in the manner and within the time limits stipulated by the agreement, and if the relevant conditions are not agreed upon by the parties, in the manner and within the time limits that are usual for banking practice of providing clients with information about the status of funds on the corresponding account.

Without the client’s order, funds from the bank account can be written off by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client. The legislator has not defined the concepts of “indisputable” and “unaccepted” write-off, often interpreting them as synonyms. Meanwhile, the concept of “indisputable” write-off applies to those types of banking operations that are carried out at the request of government agencies and in favor of the state. Direct write-off is used in contractual legal relations, when the legal relations of the parties are of a contractual, compensated nature.

In an indisputable manner, funds are written off from the payer’s account by decision of a court of general jurisdiction and an arbitration court on the basis of executive documents, the list of which is established by Art. 12 of the Federal Law "On Enforcement Proceedings". The writ of execution (without submitting settlement documents) can be sent by the claimant himself or by the bailiff to the credit institution, which is obliged to execute it in full or in part within three days (if there are insufficient funds in the payer’s account).

If there are funds in several accounts of the debtor, then the bailiff in the decree indicates from which account and in what amount the funds should be written off.

If the funds in the debtor’s accounts are seized, then the bailiff must indicate in his decision the extent and procedure for which the arrest he imposed on the debtor’s funds is lifted.

If a bank or other credit organization receives a writ of execution from a bailiff, the requirements contained in the writ of execution for the collection of funds are fulfilled by transferring them to the deposit account of the bailiff department.

If a bank or other credit organization receives a writ of execution directly from the claimant, the requirements contained in the writ of execution for the collection of funds are fulfilled by transferring them to the account specified by the claimant.

A bank or other credit organization servicing the debtor's accounts shall fulfill the requirements contained in the writ of execution for the collection of funds within three days from the date of receipt of the writ of execution from the recoverer or bailiff.

A bank or other credit organization may fail to fully execute a writ of execution only in three cases:

• 1) if there are no funds in the debtor’s accounts;
• 2) when funds located in these accounts are seized;
• 3) in case of suspension of a transaction with the client’s funds.

If the funds available in the debtor’s accounts are not sufficient to fulfill the requirements contained in the writ of execution, then the bank or other credit organization transfers the available funds and continues further execution as funds are received into the account or accounts of the debtor until the requirements contained in the writ of execution are fulfilled in full.

The credit institution completes the execution of the writ of execution:

• 1) after transfer of funds in full;
• 2) at the request of the claimant;
• 3) by order of the bailiff on termination (completion, cancellation) of execution.

In a similar manner, foreclosure is carried out on the debtor's electronic funds, the transfer of which is carried out using personalized electronic means of payment and corporate electronic means of payment.

The procedure for foreclosure on the debtor's funds in foreign currency when calculating the debt in rubles is regulated by Art. 71 of the Federal Law "On Enforcement Proceedings".

Features of the procedure for acceptance and execution by credit institutions and settlement network divisions

Bank of Russia enforcement documents presented by collectors (legal entities and individuals) directly to the banks in which bank accounts of debtors are opened are regulated by the Regulation of the Central Bank of the Russian Federation dated April 10, 2006 No. 285-P. This regulatory act provides for the right of the claimant to submit a writ of execution directly to the bank in which the debtor's account is opened, provided that the claimant has information about the debtor's accounts there and the availability of funds on them. The claimant or his representative, acting on the basis of a power of attorney, submits to the bank the original of the writ of execution (its duplicate) and an application indicating the details of the claimant's bank account to which the collected funds should be transferred; last name, first name, patronymic, citizenship, details of an identity document, place of residence or place of stay, Taxpayer Identification Number (if available), details of a migration card and a document confirming the right to stay (residence) in the Russian Federation of the claimant-citizen; name, TIN or code of the foreign organization, state registration number, place of state registration and legal address of the claimant - a legal entity.

The bank draws up a collection order in the manner established by the Regulations of the Central Bank of the Russian Federation dated October 3, 2002 No. 2-P, and executes it within three days from the date of acceptance.

Indisputably, funds are written off from the payer's accounts in cases expressly established by law on the basis of orders from collectors submitted by a collection order. Currently, the legislator's attitude towards this form of write-off is ambiguous. In particular, by Resolution of the Constitutional Court of the Russian Federation dated December 17, 1996 No. 20-P “In the case of verifying the constitutionality of paragraphs 2 and 3 of part one of Article 11 of the Law of the Russian Federation of June 24, 1993 “On Federal Tax Police Bodies””, the indisputable procedure for collecting fines was recognized as an excess constitutionally permissible restriction of the right enshrined in Part 3 of Art. 35 of the Constitution of the Russian Federation, according to which no one can be deprived of their property except by a court decision. The ruling of the Constitutional Court of the Russian Federation dated November 6, 1997 No. 111-0 “On the refusal to accept for consideration the request of the Arbitration Court of the Arkhangelsk Region to verify the constitutionality of the provisions of Article 13 of the Law of the Russian Federation of December 27, 1991 “On the Fundamentals of the Tax System in the Russian Federation”” established the unconstitutionality of the write-off tax authorities indisputably the amounts of fines, as well as the entire amount of hidden or understated income (profit). Subsequently, by the Decree of the Constitutional Court of the Russian Federation dated 04.03.1999 No. 50-0 “On the complaint of the closed joint-stock company “Production and Commercial Company “Pyramid”” regarding the violation of constitutional rights and freedoms by paragraph 4 of Article 14 of the Law of the Russian Federation “On Currency Regulation and Currency Control”" explained , that the conclusion of the Constitutional Court of the Russian Federation, which recognized that the indisputable procedure for collecting fines and other sanctions from legal entities without their consent, i.e. in case of objections to these penalties, is unconstitutional, regardless of which body - the tax police or the tax service - makes the decision to impose a penalty and which regulatory act gives it such a right, applies to all other bodies, including government services and fiscal authorities , since they may apply similar sanctions. A similar position can be seen in the Ruling of the Constitutional Court of the Russian Federation dated January 14, 2000 No. 4-0 “On the explanation of the Ruling of the Constitutional Court of the Russian Federation dated March 4, 1999 on the complaint of the closed joint-stock company “Industrial and commercial company “Pyramid”” for violation of constitutional rights and freedoms by paragraph 4 Article 14 of the Law of the Russian Federation “On Currency Regulation and Currency Control” in connection with the petition of the Central Bank of the Russian Federation."

Without the client's order funds from the account can be written off by order of the following creditors:

1) tax authorities in relation to the amounts of tax, fee, as well as penalties and fines at the expense of funds in the accounts of the taxpayer (payer of fees) - organization, individual entrepreneur or tax agent - organization, individual entrepreneur in banks, as well as at the expense of his electronic money funds (Article 46 of the Tax Code). Foreclosure of funds in the accounts of a taxpayer (tax agent) is carried out in the event of non-payment or incomplete payment of tax within the period established by law. decision of the tax authority by sending it to the bank, in which the accounts of the taxpayer (tax agent) are opened instructions to write off and transfer the necessary funds to the budget system of the Russian Federation.

The procedure for sending to the bank an order from the tax authority to write off and transfer to the budget system of the Russian Federation funds from the accounts of a taxpayer (tax agent) - an organization or an individual entrepreneur, as well as an order from a tax authority to transfer electronic funds of a taxpayer (tax agent) - an organization or an individual entrepreneur in electronic form is established by the Regulations of the Central Bank of the Russian Federation dated December 29, 2010 No. 365-P.

Tax collection can be made from ruble settlement (current) accounts, and if there are insufficient funds, from the foreign currency accounts of the taxpayer (tax agent). Not produced collection of tax from the account on the deposit (deposit) of the taxpayer (tax agent), if the validity period of the deposit agreement has not expired. If this agreement exists, the tax authority has the right to give the bank an order to transfer, upon expiration of the deposit agreement, funds from the deposit account to the settlement (current) account of the taxpayer/agent, if by this time the order of the tax authority sent to this bank to transfer funds has not been executed .

The order of the tax authority to transfer tax amounts to the budgetary system of the Russian Federation is sent to the bank in which the accounts of the taxpayer (tax agent) are opened within one month from the date of the decision on collection, and is subject to unconditional execution by the bank in the order established by Art. 855 GK. The order is executed as funds are received in the relevant accounts no later than one business day following the day the funds are received in ruble accounts and no later than two in foreign currency accounts, unless this violates the order of priority of payments established by Art. 855 GK.

If there is insufficiency or absence of funds in the accounts of the taxpayer (tax agent) - organization or individual entrepreneur, the tax authority has the right to collect tax at the expense of electronic funds in a manner similar to that stated;

• 2) federal executive authorities, as well as bodies executing the budgets of constituent entities of the Russian Federation and local budgets in the field of application of coercive measures for violations of budget legislation (Part 1 of Article 284, 284.1 of the Budget Code) - in relation to the amounts of budget funds issued on a repayable basis, the return period for which has expired, as well as interest amounts for the use of funds from the corresponding budget, penalties for late return of budget funds provided on a repayable basis and other amounts;
• 3) customs authorities - in relation to the amounts of customs payments, as well as penalties and fines (Article 153 of the Federal Law of November 27, 2010 No. 311-Φ3 “On Customs Regulation in the Russian Federation”). The decision of the customs authority on an indisputable collection is the basis for sending to the bank in which the payer's accounts are opened, a collection order to write off funds and transfer them to the account of the Treasury of Russia or to an account determined by an international treaty of the member states of the Customs Union. Funds are collected in an indisputable manner from the payer’s accounts within the limits of the amounts of customs duties specified in the request for payment of customs duties.

Collection of customs payments in an indisputable manner is carried out from the bank accounts of the payer, with the exception of loan accounts, unless otherwise provided by the legislation of the Russian Federation on taxes and fees. Collection of customs duties from bank accounts opened in foreign currency is made in an amount equivalent to the amount of customs duties payable in the currency of the Russian Federation at the Bank of Russia exchange rate on the day of actual collection.

Provided by Art. 153 of the Federal Law "On Customs Regulation in the Russian Federation" the procedure for the indisputable collection of funds from the payer's bank accounts using a collection order (order) of the customs authority is similar to the requirements of Art. 46 NK.

In addition, it is allowed to collect customs duties from unspent balances of advance payments, cash collateral, overpaid (collected) customs duties and other property of the payer in the manner prescribed by Art. 157 of the above Law.

Banks and other credit organizations are obliged to comply with decisions of the customs authority on the indisputable collection of customs duties within one business day following the day of receipt of such a decision.

Opportunity direct debit funds from the payer's account may be provided for by an agreement between the bank and the client (or an additional agreement to it), which specifies which creditor has the right to write off amounts from the debtor without acceptance and for what products (goods, services rendered, work performed) and on the basis of what document (agreement).

Responsibility of the bank occurs in cases of untimely crediting of funds received to the client’s account or their unjustified debiting from the account by the bank, as well as failure to comply with the client’s instructions to transfer funds from the account or to issue them from the account (Article 856 of the Civil Code) in the form of payment of interest on this amount in in the manner and in the amount provided for in Art. 395 Civil Code. Arbitration practice in this case proceeds from the fact that, provided for in Art. 856 of the Civil Code, liability by its legal nature is a legal penalty and can be applied to a bank serving a client on the basis of a bank account agreement (item 20 of the resolution of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 No. 13/14).

According to Art. 395 of the Civil Code, the amount of interest is determined by the discount rate of bank interest existing at the place of residence (location) of the creditor, i.e. interest rate of the Bank of Russia for the use of centralized credit resources (refinancing rate).

At the same time, the bank’s liability for improper performance of transactions on the account may not arise for all violations of the rules for performing settlement transactions, but only for those directly related to the implementation of transactions on the client’s account (Article 856 of the Civil Code), for example:

• – for untimely crediting of funds due to the client to his bank account;
• – unjustified debiting of funds from the account;
• – failure of the credit institution to comply with the client’s orders to transfer funds from his bank account or to issue cash from the account;
• – improper execution of settlement documents.

• The provisions of this paragraph were recognized by Resolution of the Constitutional Court of the Russian Federation of December 23, 1997 No. 21-P as not corresponding to the Constitution of the Russian Federation, since mandatory write-off of payment documents providing for payments to the budget and extra-budgetary funds meant only the collection of debt on these payments on the basis of instructions from tax authorities bearing undeniable character. In accordance with Part 3 of Art. 79 of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation,” acts or their individual provisions recognized as unconstitutional lose force. Therefore, federal laws on the budget of the Russian Federation dated March 26, 1998 No. 42-FZ (Article 17), dated February 22, 1999 No. 36-FZ (Article 23), dated December 31, 1999 No. 227-FZ (Article 35), dated December 30, 1999 .2001 No. 194-FZ (Article 37), dated December 24, 2002 No. 176-FZ (Article 32), dated December 23, 2003 No. 186-FZ (Article 31), dated December 23, 2004 No. 173-Φ3 (Article 26), dated December 26, 2005 No. 189-FZ (Article 26), dated December 19, 2006 No. 238-ΦZ (Article 29), dated July 24, 2007 No. 198-FZ (Article 5), dated November 24, 2008 No. 204-FZ (Article 5), dated December 2, 2009 No. 308-ΦZ (Article 5) and dated December 13, 2010 Xa 357-ΦZ (Article 5)) established that before changes are made in accordance with the decision of the Constitutional Court of the Russian Federation in paragraph 2 of Art. 855 of the Civil Code, if there are insufficient funds in the taxpayer’s account to satisfy all the requirements presented to him, the write-off of funds according to settlement documents providing for payments to the budgets of the budget system of the Russian Federation, as well as the transfer or issuance of funds for settlements of wages with persons working under an employment contract, are made in the calendar order of receipt of the specified documents after the transfer of payments made in accordance with the specified article of the Civil Code in the first and second place.
• At the same time, Art. 46 of the Tax Code directly provides for an indisputable procedure for the collection of fines and penalties from funds in the accounts of a taxpayer (payer of fees) - an organization, an individual entrepreneur or tax agent of an organization, an individual entrepreneur in banks, which indicates non-compliance with the position of the Constitutional Court of the Russian Federation.
• The form of the decision of the customs authority to collect funds in an indisputable manner was approved by Order of the Federal Customs Service of Russia dated December 30, 2010 No. 2714.

In accordance with current legislation, settlements between legal entities, as well as settlements with the participation of individuals, can be carried out both in cash and in non-cash form. The task of conducting non-cash payments between economic entities is assigned to banks. For this purpose, banks provide settlement and cash services to clients: legal entities and individuals.

In order to become a client of the bank and receive cash settlement services there, legal entities and individuals must open an account with the bank and enter into an agreement for cash settlement services.

A bank account is used to store funds belonging to the client - the owner of the account, through which the receipts and withdrawals of funds by bank clients are recorded. The following types of bank accounts can be distinguished.

Current accounts are opened for legal entities - residents who are commercial organizations under Russian law, as well as citizen entrepreneurs registered as individual entrepreneurs and carrying out their activities, but not as a legal entity. Current accounts are intended for: crediting proceeds from sales of products (works, services); accounting for non-operating income and amounts received from bank loans and other income; settlements with suppliers, with budgets for taxes and equivalent payments, with employees for the payment of wages, with extra-budgetary funds for contributions to them, with banks for loans received from them and interest on them; as well as making payments by decision of the court and other bodies authorized to make a decision on the indisputable debiting of funds from the current account of a legal entity, etc.

Temporary current accounts are opened for newly created legal entities (which have undergone initial registration and received a temporary registration certificate) and are intended to accumulate contributions from the founders to the authorized capital of the newly created organization. Payments from such accounts, as a rule, are not made, with the exception of the return of contributions to persons who leave the organization's founders before its final registration. After the final registration of this organization (after issuing a permanent certificate of registration to it), the temporary current account is transferred to the regular current account mode.

Subaccounting accounts are opened for branches, representative offices, departments and other separate divisions of commercial organizations located outside the location of the legal entity. They are opened on the basis of a request from the owner of the main account by order of the bank in which the current account of this organization is maintained. In addition to the application, the bank in which the sub-current account is opened is provided with the regulations on the branch or representative office. These accounts are used, as a rule, to accumulate revenue for the purpose of subsequent transfer to the main current account of the organization.

Current accounts are opened for institutions and organizations not engaged in entrepreneurial activities (public, religious, charitable foundations, etc.). They are intended to carry out calculations in accordance with the statutory goals of the activities of these organizations. In cases provided for by law, current accounts can be used to credit proceeds from the sale of goods (works, services), make settlements with suppliers, with budgets for taxes and equivalent payments, with employees for the payment of wages, with extra-budgetary funds for contributions to them, with banks for loans received from them and interest on them, as well as for making payments by decision of the court and other bodies authorized to make a decision on the indisputable debiting of funds from the current account of a legal entity, etc. Current accounts can also be opened for branches and representative offices legal entities and cooperatives upon submission of their application, which will indicate the nature of the transactions carried out on the account. In this case, current accounts can be used to carry out settlement transactions related to wages, administrative expenses, etc.

Budget accounts are opened for enterprises and organizations that are allocated funds from the federal or local budget for their intended use.

Ruble accounts of non-residents are opened for non-residents only in authorized banks, i.e. in banks licensed to carry out banking operations in foreign currency. Documents provided by non-residents to the bank to open these accounts must be legalized, i.e. translated and duly certified at the consular offices of the Russian Ministry of Foreign Affairs. There are the following types of ruble accounts for non-residents:

• · ruble accounts of type “T” (current) are opened for non-residents to service their export-import operations (except for operations related to the export of goods from Russia, for which non-tariff measures of foreign economic regulation are applied), as well as for maintaining their branches and representative offices in the Russian Federation;
• · ruble accounts of type “I” (investment) are opened for non-residents to carry out investment activities in the Russian Federation. These accounts are used to carry out all transactions of non-residents on the territory of the Russian Federation related to investment and reinvestment, as well as the purchase of currency for the purpose of repatriation (export abroad) of income received from investment activities in Russia. Crediting and debiting funds to ruble accounts of type “I” is carried out only in a non-cash manner. Cash withdrawals from ruble accounts of type “I” are not allowed. It is prohibited to make transfers from ruble accounts of type “I” to ruble accounts of type “T” and from ruble accounts of type “T” to ruble accounts of type “I”;
• · special ruble accounts of type “C” were initially opened for non-residents for the purpose of their admission to the domestic Russian government securities market and were intended exclusively for investment transactions in the GKO-OFZ market. Currently, there are two types of “C” accounts:
  • 1) accounts of type “C” (conversion) are intended for carrying out transactions for the purchase and sale of foreign currency by non-residents with authorized banks and paying commissions associated with carrying out these conversion operations. Ruble funds of a non-resident from an account of type “C” (conversion) can be transferred to an account of type “C” (investment), owned by the same non-resident, for the purpose of their further investment in securities, the list of which is established by the Central Bank of the Russian Federation;
  • 2) type “C” (investment) accounts are intended for non-residents to carry out operations related to the purchase and sale of securities, payment of expenses associated with the conclusion and execution of these transactions, receipt of income on these securities in the form of interest or dividends, as well as for payment of taxes on income from these securities. Ruble funds of non-residents from an account of type “C” (investment) can be transferred to an account of type “C” (conversion), owned by the same non-residents, for the purpose of their conversion and withdrawal of the received currency abroad;

Current foreign currency accounts are opened for enterprises and organizations of various forms of ownership, as well as entrepreneurs without forming a legal entity. Current foreign currency accounts can only be opened in authorized banks. To make it easier for the client to account for foreign currency funds, the bank can open one or more (depending on the number of currencies used) current foreign currency accounts. Current foreign currency accounts can also be opened for non-residents if they provide the necessary documents.

Transit currency accounts are opened in authorized banks for enterprises and exporting organizations to credit the full amount of foreign currency receipts from the export of goods (works, services - export earnings) with the condition of the mandatory sale of part of this currency on the domestic foreign exchange market of the Russian Federation. After the mandatory sale of part of the foreign currency funds from transit foreign currency accounts, the remaining part of the funds is transferred on behalf of the account owners to their current foreign currency accounts.

Correspondent accounts are accounts that banks open with each other, including with the Central Bank of the Russian Federation. Correspondent accounts can be opened both in rubles and in foreign currency. There are two types of correspondent accounts:

• - nostro - a bank account opened in another bank (“our account is with them”),
• -- loro - an account of another bank opened in our bank (“their account is with us”).

Due to the fact that various bank accounts reflect the financial transactions of clients, they also serve to establish the relationship between the bank and the legal entities and individuals it serves.

To open an account, a potential client must submit certain documents to the bank. For example, to open a current account, resident legal entities provide the bank with a package of documents, including:

• · application for opening an account;
• · certified (by the registration chamber or notary) copies of constituent documents: charter, constituent agreement, registration certificate;
• · copies of orders (decisions of founders) on the appointment of officials;
• · one bank card with samples of signatures and seal imprints, certified by a notary;
• · certificate of assignment of statistical codes;
• · original and copy of the certificate of registration with the tax authority;
• · certificates of registration with the Pension Fund, Health Insurance Fund, Employment Fund and Social Insurance Fund.

If the provided documents meet the requirements for them, the bank opens an account for the client, assigns a personal number to this account and concludes an agreement with the client for settlement and cash services (bank account agreement). In this agreement, the bank and the client agree with each other on the specific conditions for servicing the account, the procedure and timing for crediting funds received to the account, the procedure and timing of the bank’s execution of the client’s orders to transfer and withdraw the corresponding amounts from the account and conduct other operations on the account. The bank does not have the right to determine and control the direction of use of the client’s funds. The bank can use the funds available in the client’s account, guaranteeing the client’s right to freely dispose of these funds.

After signing a bank account agreement, the client - account owner can carry out any types of operations provided for by this agreement and current legislation. To carry out any operations on the account, the client provides the bank servicing him with settlement documents of the established form, which have their own specifics depending on the type of operations used. One of the main types of operations carried out using a bank account is, as already mentioned, non-cash payments.

Styufeeva Irina Viktorovna, lawyer.

In accordance with Art. 848 of the Civil Code of the Russian Federation "the bank is obliged to perform for the client the operations provided for for accounts of this type by law, the banking rules established in accordance with it and the business customs applied in banking practice, unless otherwise provided by the bank account agreement."

To date, there is no official definition of banking operations. MM. Agarkov defines banking operations as “transactions, the execution of which is the direct subject of the bank’s activities, such as, for example, accepting deposits, accounting for bills, transfers, etc.”<1>.

<1>Agarkov A.A. Fundamentals of banking law. The doctrine of securities. M.: BEK Publishing House, 1994.

In accordance with Art. 5 of the Federal Law "On Banks and Banking Activities" banking operations include: attracting funds from individuals and legal entities into deposits (on demand and for a certain period); placing these raised funds on your own behalf and at your own expense; opening and maintaining bank accounts for individuals and legal entities; carrying out settlements on behalf of individuals and legal entities, including correspondent banks, on their bank accounts; collection of funds, bills, payment and settlement documents and cash services for individuals and legal entities; purchase and sale of foreign currency in cash and non-cash forms; attraction of deposits and placement of precious metals; issuance of bank guarantees; making money transfers on behalf of individuals without opening bank accounts (except for postal transfers).

The above list is exhaustive. However, for credit institutions this list has been expanded by the legislator by allowing them to carry out the following transactions: trust management of funds and other property under agreements with individuals and legal entities; carrying out transactions with precious metals and precious stones in accordance with the legislation of the Russian Federation; leasing to individuals and legal entities special premises or safes located in them for storing documents and valuables; leasing operations; provision of consulting and information services, etc. The credit institution has the right to carry out other transactions in accordance with the legislation of the Russian Federation.

In accordance with Art. 46 Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" The Bank of Russia has the right to carry out the following banking operations and transactions with Russian and foreign credit organizations, the Government of the Russian Federation to achieve the goals provided for by this Federal Law: buy and sell government securities on the open market; buy and sell foreign currency, as well as payment documents and obligations denominated in foreign currency issued by Russian and foreign credit organizations; buy, store, sell precious metals and other types of currency assets; carry out settlement, cash and deposit operations, accept securities and other assets for storage and management; open accounts in Russian and foreign credit institutions on the territory of the Russian Federation and the territories of foreign states; carry out other banking operations and transactions on its own behalf in accordance with business customs accepted in international banking practice. The legislator does not exhaust the list of banking operations for the Bank of Russia and allows it to carry out banking operations and transactions not established by law, but provided for by business customs accepted in international banking practice.

In science, some authors separate banking operations in a different way. For example, O.M. Oleinik<2>All banking operations are divided into operations that implement the rights and obligations under the bank account agreement (mutual payments between the bank and the client), and settlement operations (debiting and crediting money to the account on behalf of the client or his counterparties), in which the bank performs an intermediary function.

<2>

In Art. 849 of the Civil Code of the Russian Federation establishes deadlines for performing transactions on the account. Thus, the bank is obliged to credit funds received to the client’s account no later than the day following the day the bank receives the corresponding payment document, unless a shorter period is provided for in the bank account agreement. The bank is obliged to issue or transfer funds from the client’s account by order of the client no later than the day following the day the bank receives the relevant payment document, unless other deadlines are provided for by law, banking rules issued in accordance with it, or a bank account agreement. Thus, the parties to the bank account agreement may stipulate other terms for performing banking operations on an open account.

By virtue of paragraph 1 of Art. 854 of the Civil Code of the Russian Federation, funds are debited from the account by the bank on the basis of the client’s order. Persons whose rights are certified by the client by submitting to the bank documents provided for by law, the banking rules established in accordance with it and the bank account agreement (clause 1 of Article 847 of the Civil Code of the Russian Federation) can act on behalf of the client to dispose of funds in the account. As a rule, a document certifying a person’s right to manage funds is a card with sample signatures and an imprint of the client’s seal, which is certified either by a higher body of the legal entity (if any) or by a notary. In addition, the bank has the right to require the client to submit other documents, for example, a power of attorney, a protocol or an order for the appointment of persons authorized to sign on payment documents, in order to avoid cases of illegal debiting of funds from the client’s account<3>.

<3>Resolution of the Federal Arbitration Court of the Moscow District dated June 26, 2007, July 2, 2007 N KG-A40/6008-07 in case N A40-41508/06-46-323 // The document was not officially published. See legal reference system.

The legislator has established that the client can give an order to the bank to write off funds from the account at the request of third parties, including those related to the client’s fulfillment of his obligations to these persons (Clause 2 of Article 847 of the Civil Code of the Russian Federation). The Bank accepts these orders provided that they contain in writing the necessary data that allows, upon presentation of the corresponding request, to identify the person entitled to submit it. In this case, it is necessary to take into account the recommendations of the Supreme Arbitration Court of the Russian Federation, which in its letter No. C-13/OP-167 dated May 20, 1993<4>indicates that in a letter addressed to the bank, or in the text of the bank account agreement, it must be indicated which creditor has the right to write off amounts from the debtor without acceptance and for what products (goods, services rendered, work performed, etc.). In these cases, the payer's bank, when deciding on the creditor's right to indisputably write off funds from the debtor, must be guided by the specified letter from the payer or an agreement concluded with the bank.

<4>Information letter of the Supreme Arbitration Court of the Russian Federation dated May 20, 1993 N C-13/OP-167 “On individual recommendations adopted at meetings on judicial arbitration practice” // Bulletin of the Supreme Arbitration Court of the Russian Federation. 1993. N 6.

Depending on the set of standard banking operations that a credit institution is obliged to perform on the bank account being opened, general or universal accounts are distinguished that allow any bank client’s operations to be performed and are limited only by his competence and the rules for carrying out specific operations (settlement, current (ruble, currency) account ), as well as target or special accounts (budget, investment, etc.), suggesting the intended use of money and the presence of an entity that controls such use.

In accordance with Art. 30 of the Federal Law “On Banks and Banking Activities”, clients have the right to open the number of settlement, deposit and other accounts they need in any currency in banks with their consent, unless otherwise provided by federal law.

The current account is intended for making payments related to business activities. This account is used to carry out all operations related to the sale of goods, provision of their production, production and other expenses. Revenue is credited to these accounts, funds are debited from them to pay wages to employees, pay the cost of purchased goods and services, pay various taxes and fees, etc. Current accounts are also opened for most non-profit organizations - foundations, associations, consumer cooperatives, institutions, etc. Current accounts can also be opened for branches and representative offices of a legal entity at the request of the latter, if they conduct commercial activities.

The concept of "current account" is currently given only in relation to individuals. Thus, in accordance with clause 1.1.1 of the Regulations “On the procedure for making non-cash payments by individuals in the Russian Federation” (approved by the Central Bank of the Russian Federation 01.04.2003 N 222-P), a current account of an individual is understood as a bank account opened for an individual in a bank on the basis of a bank account agreement providing for settlement transactions not related to business activities<5>.

<5>Regulations “On the procedure for making non-cash payments by individuals in the Russian Federation” (approved by the Central Bank of the Russian Federation 01.04.2003 N 222-P) // Bulletin of the Bank of Russia. 05/08/2003. N 24.

For example, O.M. By current account, Oleynik understands the financing accounts of non-profit legal entities, representative offices, and structural divisions that do not carry out entrepreneurial activities. She also indicates that the current account is intended for storing money and targeted financing of its owner, settlement transactions<6>.

<6>Civil law. Part two. Textbook / Under the general editorship. A.G. Kalpina. M.: Yurist, 2001.

The current (ruble, foreign currency) account mode involves limiting the range of transactions performed, but is not associated with a strictly intended use. Therefore, they are opened in rubles, as a rule, to branches and representative offices of legal entities, since in this case the volume of transactions on the account is determined by the legal entity that created them, depending on the powers granted to them. Current foreign currency accounts are opened for clients to make payments in foreign currency. Transactions on such accounts are carried out taking into account the requirements of currency legislation.

In accordance with clause 2.4 of the Instruction of the Central Bank of the Russian Federation dated September 14, 2006 N 28-I "On opening and closing bank accounts, deposit accounts"<7>budget accounts are opened in cases established by the legislation of the Russian Federation, to persons carrying out transactions with budget funds at all levels of the budget system of the Russian Federation and state extra-budgetary funds of the Russian Federation. Budget accounts are opened for legal entities when funds are allocated to them from budgets at various levels for certain types of activities. The form of provision of funds may be subsidies, subventions, subsidies and other types of government appropriations and financing, if it is not carried out by crediting money to a current or current account.

<7>Instruction of the Central Bank of the Russian Federation dated September 14, 2006 N 28-I “On opening and closing bank accounts, deposit accounts” // Bulletin of the Bank of Russia. 10/25/2006. N 57.

We cannot ignore bank accounts, which are also one of the types of accounts and are called correspondent accounts. In accordance with the Regulations “On Required Reserves of Credit Institutions” (approved by the Central Bank of the Russian Federation on March 29, 2004 N 255-P), a correspondent account is a bank account opened by a credit institution in a division of the settlement network of the Bank of Russia at the location of the head office on the basis of a correspondent account agreement<8>. By virtue of clause 2.5 of the Instruction of the Central Bank of the Russian Federation dated September 14, 2006 N 28-I “On opening and closing bank accounts, deposit accounts,” correspondent accounts are opened for credit institutions to carry out interbank settlements (both for their obligations and for the obligations of their clients). Each credit institution is required to have a ruble correspondent account with the Bank of Russia. Servicing of correspondent accounts in foreign currency is carried out by credit institutions if they have a currency license from the Bank of Russia. The Bank of Russia, in turn, opens correspondent accounts in foreign currencies.

<8>Regulations on required reserves of credit institutions (approved by the Central Bank of the Russian Federation on March 29, 2004 N 255-P) // Bulletin of the Bank of Russia. 04/30/2004. N 25.

Trusted (special) accounts require strictly targeted use of funds and the presence of an entity that controls this use. These include accounts for settlements for activities related to trust management, special bank accounts of residents in foreign currency and non-residents in the currency of the Russian Federation, special brokerage accounts, etc. For example, accounts for settlements for activities related to trust management are opened for credit organizations by trustees. For settlements in rubles, these accounts are opened in the institutions of the Bank of Russia at the place of opening of the correspondent (subcorrespondent) account of the credit organization (branch), and for settlements in foreign currency - in other authorized banks (clause 1 of article 1018 of the Civil Code of the Russian Federation, clause 4.4 of the Instructions "On the procedure for carrying out trust management operations and accounting of these operations by credit institutions of the Russian Federation"<9>).

<9>Order of the Central Bank of the Russian Federation dated 07/02/1997 N 02-287 “On approval of the Instruction “On the procedure for carrying out trust management operations and accounting of these operations by credit institutions of the Russian Federation” // Bulletin of the Bank of Russia. 07/08/1997. N 43.

Thus, the parties to a bank account agreement can choose one of the established types of accounts depending on the presence of the combination of the above characteristics. In this case, the parties to the agreement may exclude from the range of services provided certain operations performed by a credit institution (Article 848 of the Civil Code of the Russian Federation).

As for the legal regulation of the above-mentioned accounts, Chapter 45 of the Civil Code of the Russian Federation applies in full to general (universal) accounts. The rules of this chapter apply to correspondent and other accounts of credit organizations, unless otherwise provided by law, other legal acts or banking rules established in accordance with them (Article 860 of the Civil Code of the Russian Federation). These rules apply to foreign currency accounts taking into account the specifics established by the Federal Law “On Currency Regulation and Currency Control” (clause 3 of Article 317 of the Civil Code of the Russian Federation). On target (special) accounts, only operations provided for by their purpose are carried out. The provisions of Chapter 45 of the Civil Code of the Russian Federation can be applied to them only if this does not entail a violation of the principle of the intended use of funds.

1. A bank account, as already noted, is a prerequisite for non-cash payments. Therefore, a bank account is mainly opened for certain transactions to be carried out on it. In relation to these operations, several issues seem significant from a legal perspective. The first is the client’s freedom of will and the rules for carrying out transactions by the bank.

In accordance with Art. 845 and 854 of the Civil Code of the Russian Federation, all transactions on the account occur on the initiative or on the basis of the client’s order. This is a general rule with considerable value, but it has quite a few exceptions, as discussed below. Freedom of will or orders of the client does not mean that it is exercised in a complete legal vacuum.
Legislation and banking practice establish the forms of implementation of this freedom, requirements for the execution of orders of a bank client, the rules and procedure for their execution by the bank. At the same time, the rules for performing transactions on the account are developed both at the legislative level (for example, Chapter 46 of the Civil Code of the Russian Federation reproduced to a large extent the requirements for payment forms), and at the level of banking custom, as well as at the level of a specific agreement. The last level, however, can only be implemented within the limits provided for by law.
It is also necessary to keep in mind the existence of rules for actually carrying out transactions on accounts. They are established by the Rules for maintaining accounting and reporting in USSR bank institutions, approved by the State Bank of the USSR and in force on the territory of the Russian Federation, as amended on August 31, 1990. In order to ensure the unity and standardization of banking operations, as well as the comparability of business results, these Rules establish that when opening accounts for clients, each client is assigned a serial number, which is then used to number all personal accounts. Special forms and procedures for working with them are also established for these personal accounts. In particular. The rules establish the procedure for carrying out transactions on such accounts, compiling synthetic accounting materials based on analytical accounting documents, which are cash and accounting journals, summary cards, check and turnover sheets, and daily balances. This regulatory act regulates in detail the procedure for providing statements and their duplicates about account transactions.
All operations carried out on the account can be divided into:

• settlement transactions consisting of debiting money from the account and crediting it to the account on behalf of the client or his counterparties, in which the bank performs an intermediary function and for which the law establishes general deadlines, as well as the rules for their implementation;
• operations that implement rights and obligations under a bank account agreement, i.e. mutual settlements between the bank and the client, which are mainly regulated by agreement.

Operations on the account are carried out within the limits of the client's funds. There is one exception to this general rule, which in banking practice is called an overdraft, or account crediting (Article 850 of the Civil Code of the Russian Federation). The conditions for an overdraft and the grounds for its provision must be provided for in the bank account agreement, which in this case becomes a complex agreement, since it includes elements of a loan agreement. As a rule, we are talking about a short-term loan that is repaid using proceeds to the account.
Receipts can be non-cash from the client's counterparties or in cash by depositing the proceeds at the cash desk. Often, the first priority is provided for the repayment of such a loan, which does not comply with the law, but otherwise does not stimulate the loan. The loan term is calculated from the moment the payment is made.
Overdraft, i.e. A bank loan for making payments is not a mandatory feature of any bank account agreement. The condition for crediting the account must be established by a specific agreement between the bank and the client. This condition may be included in the contract in advance. The loan is provided as needed, i.e. if it becomes necessary to make a partial or full payment and there is no money in the account. The loan term is calculated from the moment the payment is made until the client's debt is repaid.
The agreement must determine both the deadline for the loan and the interest rate for the loan provided. Sometimes such a rate, term and other conditions are provided for by regulations. For example, with regard to the correspondent account of commercial banks with the Bank of Russia, it is established that:

• a correspondent account loan is provided in an amount not exceeding 25% of the commercial bank’s funds transferred to the required reserve fund;
• the loan term cannot exceed seven days;
• for using the specified loan, an interest rate of 1.2 times the discount rate of the Central Bank is charged.

1. Operations for servicing the client’s bank account are carried out by the bank taking into account certain legal requirements. Article 849 of the Civil Code of the Russian Federation established the timing of transactions on the account. These deadlines are established for two types of operations. First, we are talking about crediting the client’s account with the money that came to him from his counterparties. This money is first credited to the bank's correspondent account. The period for crediting them to the client’s account begins from the moment the bank learned that the money belonged to the client, i.e. from the moment of receipt of the payment document confirming payment. This period is one day and can be changed in one direction or another only by agreement.

The second period, which is also equal to one day, is established for the transfer and issuance of money according to the client’s payment document. This period can be changed both by the contract and by banking rules. It is not difficult to see the fundamental difference between these terms. In the first case, the client’s money may remain in the bank account for some time (until the relevant documents are received), in the second case, the money cannot be credited to the bank account without the same payment documents. Therefore, the second term may also be regulated by banking rules. Although in relation to the first case, it was imperative to establish the terms of operations, which could guarantee the rights of bank clients.
Next, you should pay attention to the fact that the calculation of deadlines is determined by the moment of receipt of payment documents, which can be payment orders, demands-orders, etc. Such a document does not include consolidated payment orders, statements from correspondent accounts, etc. In cases where customer service is carried out using electronic means, the terms may be calculated in a different way, if this is specifically provided for in the contract. If there is no such condition, the deadlines will be calculated from the moment the written documents are received.
The bank is obliged to credit funds received to the client’s account no later than the day following the day the bank receives the corresponding payment document, unless shorter periods are provided for in the agreement. The bank is obliged to issue and transfer money from the client’s account no later than the day following the receipt of the corresponding payment document by the bank.
When determining these terms, you need to keep in mind that in banking practice the concept of “day” means not a calendar day, but an operational day, i.e. the day of the bank's work, or more precisely, the part of the bank's working hours during which payment documents are serviced on a certain date. In accordance with banking rules and customs, the operating day usually ends two hours before the bank closes, and all payment documents received after this are executed the next day. Some banks practice shorter terms, for example, up to 15 hours, with the same consequences.
In some cases, other deadlines are set. Thus, the agreement between Surgutneftegazbank and the Siberian Trade Bank on the opening and maintenance of a correspondent account stipulates that the period for carrying out the operation cannot exceed 24 hours from the moment of receipt of a properly executed payment order. It is clear that when sending a payment document

1
but at certain times this period will be shorter than one day. For a bank's correspondent account, if there are insufficient funds to carry out all operations, the Regulations on the procedure for carrying out operations to write off funds from correspondent accounts of credit organizations, approved by the Bank of Russia on March 1, 1996, establishes that documents received before 11 o'clock are presented for payment at the same time day, after - on the next business day.

1. As noted above, a bank account agreement is considered compensated unless otherwise provided. In this regard, the question arises about the forms and methods of mutual settlements between the client and the bank as account transactions. The client pays the bank's expenses for transactions on the account, usually at the end of each quarter. In the same way, the bank pays the client interest for the use of funds in the account. In this case, the average daily account balance during the quarter is determined, and interest is calculated on it. If they are not established in the agreement, it is considered that they should be equal to interest on demand deposits paid by this bank (Article 852 of the Civil Code of the Russian Federation).

In mutual settlements, offset of counterclaims related to account servicing is allowed, since these requirements comply with all the rules for offset. They are homogeneous, the payment period for them is due, and the statute of limitations has not yet expired (Article 410-411 of the Civil Code of the Russian Federation).
In this regard, the question arises about the possibility of offsetting claims on other obligations of the bank and its client. In this sense, the list of obligations for which offset can be carried out should be considered exhaustive and specifically established by law. The general rules on termination of obligations by offset can be applied to other bank obligations.
The offset of counterclaims is carried out by the bank. The bank is obliged to inform the client about the offset made in the manner and within the time limits established either by the agreement, most often when providing statements or exchanging information, or by banking practice.

1. For carrying out operations on the account, the state of the account, i.e., is essential, as is not difficult to see. presence of money on it. Depending on the availability of money, the order of transactions on the account is established. It is provided for two options:

• in the first case, when there is money in the account, all operations are performed in calendar order, i.e. as the payment becomes due or a payment document is received;
• the second option is provided for those cases when there is no money in the account or there is not enough money to pay off all claims received on one day.

The second case raises many complex legal problems that have not even found comprehensive legislative regulation. The fact is that after the Civil Code of the Russian Federation came into force (March 1, 1996), as already mentioned, Art. 855 was amended by the Law of August 12, 1996. As of July 1997, the order of debiting money from an account if it is insufficient is as follows:

• first of all, write-offs are carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the collection of alimony;
• secondly, write-offs are made according to executive documents providing for the transfer or issuance of funds for settlements for the payment of severance pay and wages with persons working under an employment contract, including under a contract, for the payment of remuneration under an author's agreement;
• in the third place, write-offs are made for payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment agreement (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and the State Employment Fund population of the Russian Federation;
• in the fourth turn, write-offs are made on payment documents providing for payments to the budget and extra-budgetary funds, deductions to which are not provided for in the third turn;
• fifthly, write-offs are made according to executive documents providing for the satisfaction of other monetary claims;

- sixthly, write-offs are made for other payment documents.
All write-offs related to one queue are made in calendar order. If there is not enough money to satisfy claims that came due on one day, they must be satisfied in the order in which they are listed in the law (Article 855 of the Civil Code of the Russian Federation).
It is easy to see that this article is a public law norm designed to weigh the requirements of different subjects and assign them a certain index. In this case, the legislator was guided by two criteria - the essence of the requirement, according to which alimony and labor claims received priority over payments to the budget, as well as the presence of a court decision to collect the corresponding amounts, depending on which claims of the same nature are assigned to different queues ( for example, the fifth and sixth stages).
The application of this article is associated with the solution of one important problem - determining the reasons for the lack of money in the account. In practice, sometimes the lack of money in the account does not mean the client has no money in principle. Firstly, he may have money in other accounts, such as foreign exchange accounts. Secondly, part of the money, according to current practice, can be accumulated in loan accounts.
In this regard, the dispute that arose between JSCB Vyatka Bank and the State Tax Service for the city of Kirovo-Chepetsk, Kirov Region, is of interest. The bank credited funds received from its clients' debtors, bypassing current accounts, to loan accounts to repay debt on its own loans. At the same time, payment orders from clients to transfer taxes to the budget were listed as unfulfilled on settlement accounts. The tax service considered such actions of the bank to be illegal and aimed at not complying with the order of payments and delaying the bank’s execution of taxpayers’ orders. The Presidium of the Supreme Arbitration Court of the Russian Federation, by a resolution of February 4, 1997, confirmed the legality of the tax service’s conclusions1.
Taking into account the above, it should once again emphasize the inadmissibility of any departmental interpretations regarding the non-application of this norm to certain types of legal relations, for example, tax ones. The analyzed order exists precisely in order to harmonize the requirements of different industries, since within each industry there are no objective criteria for assessing its own importance. Another thing is that the norm itself is out of place, since, being public law, it is included in a normative act regulating private law relations. In the mentioned letter from the Central Bank of the Russian Federation, the Ministry of Finance of the Russian Federation and the State Tax Service of the Russian Federation, an attempt was made to prove that tax payments under Art. 855 does not apply.

The activities of banks involve carrying out certain procedures in relation to monetary units, securities and property. The general name for these actions is banking operations. Some of them are carried out on the initiative of the banks themselves, and some - at the request of their clients. Procedures carried out at the initiative of banks are usually aimed at making a profit for them, and in some cases at ensuring their own activities.

Procedures carried out at the initiative of clients pursue goals determined by the clients themselves (banks can also make a profit when they are carried out). They can be aimed at protecting savings from depreciation, generating profit or obtaining funds for temporary use. The most common procedures carried out in relation to currencies or securities fall into several main categories:

• Money transfers.
• Currency transactions.
• Card service.
• Account servicing (ACS).
• Credit operations.
• Collection.
• Deposit operations.
• Leasing.
• Exchange operations.

Money transfers

These operations are carried out on behalf of ordinary citizens (individuals). They are not accompanied by opening an account and do not require the sender to have one. Actions can be carried out in relation to other citizens, as well as legal entities. In some cases, such operations are subject to certain restrictions. Most of them relate to the use of foreign currency by residents (citizens) of the Russian Federation.

Technically, such banking operations are among the simplest. The client confirms his identity and transfers the money to the bank, which transfers it to the recipient. A transfer accompanied by opening an account is a more complex action. But this gives the client significantly greater opportunities: for example, making regular or one-time payments and using the Internet for these purposes.

Currency transactions

These are procedures related to the acquisition or sale of foreign monetary units. Usually they are aimed directly at the purchase or sale (exchange) of currency. In some cases, these actions are intermediate: for example, payment of invoices issued in foreign currency. In order to produce it, you must first purchase the required number of specified monetary units.

Almost all types of banking transactions related to working with foreign currencies are subject to certain restrictions. They are imposed in accordance with foreign exchange regulations carried out by the state. It is aimed at establishing a compromise between the current needs of individual citizens and the need to control the exchange rate of the Russian national currency. The restrictions under consideration apply only to residents of the Russian Federation.

Card service

This category includes all types of banking transactions, the execution of which is confirmed only by the presence of the card itself and knowledge of a special code. An ATM or payment terminal reads the information embedded in the card, checks the code entered by the holder and performs the required actions: most often, payment for goods or services, as well as transfer of funds from one card to another.

Such procedures are very convenient, they require minimal effort from the client, and are carried out very quickly. But such simplicity somewhat reduces security. To compensate for this, transactions with a bank card have certain limits. In particular, some actions cannot be confirmed only by a card; to perform them, you must contact a bank branch or office.

Account servicing (ACS)

These are any banking operations of credit institutions (or banks themselves) carried out in relation to client accounts of all types: transfer of funds from one account to another, making cash and non-cash payments and settlements, depositing or withdrawing funds. This also includes the execution of payment orders, provision of statements and other documents at the request of the client. The complex of these services is usually called cash settlement services; a commission or a fixed fee may be provided for their provision in accordance with established tariffs.

Such procedures may be subject to certain limits. For example, if they are initiated via the Internet. When a client contacts a branch or office, it is possible to carry out an operation of any scale. This service option is more secure compared to card payment. But it requires the physical presence of the client with confirmation of his identity in order to ensure the safety of funds. In some cases, it is sufficient to have the appropriate document - a payment order (in the absence of the client).

Credit transactions

Credit banking operations are all actions performed in the lending process: providing a credit limit, crediting credit funds to an account or issuing cash. This also includes payments made by the client in the process of repaying the loan and the application of penalties for late payments. Receiving a loan by a client is also a credit procedure.

The organization of banking operations in this category is similar to attracting and placing deposits. Lending to clients, from the bank’s point of view, is exactly the same as placing one’s own funds at interest. The bank invests its funds in clients, counting on their return on time with interest. Only the interest rates themselves differ: for deposits they are significantly lower. Therefore, deposit procedures are often classified as credit procedures, calling them passive credit operations.

Collection

Banks provide collection services. And banking operations of this type involve bank employees receiving the client’s cash and then depositing it into his bank account. Upon receipt, a corresponding document is drawn up. The enrollment procedure is not accompanied by documents, but is displayed in reports as a corresponding incoming transaction.