It is registered
Ministry of Justice
On May 6, 2006 No. 7785
of April 10, 2006 No. 285-P
About procedure for acceptance and execution by credit institutions, divisions of settlement network of the Bank of Russia of the executive documents shown by claimants
This Provision according to articles 4 and 80 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2004, N 31, Art. 3233), Federal Law "About Banks and Banking Activity" (Sheets of the Congress of People's Deputies of RSFSR and Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459; N 28, of Art. 3469; 2001, N 26, Art. 2586; N 33, of Art. 3424; 2002, N 12, Art. 1093; 2003, N 27, Art. 2700; N 50, of Art. 4855; Art. N 52, 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, of Art. 3233; N 45, of Art. 4377; 2005, N 1, Art. 18, Art. 45; Art. N 30, 3117), article 6 of the Federal law "About Enforcement Proceeding" (The Russian Federation Code, 1997, N 30, the Art. 3591) and the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of April 07, 2006 N 6) establish procedure for acceptance and execution by credit institutions, divisions of settlement network of the Bank of Russia (further - banks) the executive documents shown by claimants (legal entities and physical person) directly in banks in which bank accounts of debtors are opened.
This Provision does not extend to cases of adoption of executive documents from claimants credit institutions from which the license for implementation of banking activity is revoked.
Voided according to the Instruction of the Central Bank of Russia of 12.07.2011 No. 2665-U
2.1. The provided executive document and the statement of the claimant are registered bank in the magazine of any form.
On the statement the mark of bank about reception of an application and the executive document with indication of date of acceptance certified by the signature of the authorized employee of bank and stamp of bank is given.
2.2. The bank constitutes the collection order according to the procedure, No. 383-P established by the Provision of the Bank of Russia of June 19, 2012 "About rules of implementation of money transfer", the registered Ministry of Justice of the Russian Federation on June 22, 2012 No. 24667, on August 14, 2013 No. 29387, on May 19, 2014 No. 32323 ("the Bulletin of the Bank of Russia" of June 28, 2012 No. 34, of August 28, 2013 No. 47, of May 28, 2014 No. 46), in the number of copies necessary for implementation of settlement transaction taking into account the following:
- in the field "Receiver" surname, the name, middle name or the name of the claimant, the identification taxpayer number (ITN) (for the claimant - the INN physical person it is specified in case of its availability) are entered;
- in the field "Sch. N" the receiver is specified account number of the claimant;
- in the field "Purpose of payment" is performed by bank record about creation of the collection order based on the executive document with indication of surname and initials, or the name of the claimant, the name of the body which issued the executive document, details of the executive document including file number on which decision is the basis for issue of the executive document.
The first copy of the collection order is signed by the employees of bank having right to sign of settlement documents and impress of a seal of bank.
2.3. Paragraph one of ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 30.03.2015 No. 3609-U
The statement together with the performed collection order, and also the copy of writ of execution certified by signatures of the accounting worker and chief accountant (deputy chief accountant) of bank is located with bank in documents of day.
3.1. The withdrawal of the executive document is performed by submission to bank of the written application constituted by the claimant (his representative who is acting on the basis of the relevant power of attorney) in any form with indication of: names of the debtor; surname and initials, or name of the claimant; details of the executive document, and also name of the body which passed the enforceable judgment. The statement for withdrawal of the executive document is registered in the magazine specified in Item 2.1. this provision, it is certified by the signature of the authorized employee of bank with putting down of stamp of bank and specifying of date of reception of an application.
3.2. Return of the executive document is made by bank no later than the working day following behind day of receipt of the statement specified in Item 3.1. this provision, in the following procedure.
The executive document returns to the claimant (his representative who is acting on the basis of the relevant power of attorney) on receipt in obtaining on the statement or if the claimant (his representative who is acting on the basis of the relevant power of attorney) specified the address, the registered mail with the assurance of receipt.
At the same time on the back the executive document bank the mark about return reason becomes, return with indication of the collected amount is dated if partial payment of the executive document took place. The made records on the executive document are certified by the signature of the authorized employee of bank (branch of credit institution) with putting down of seal.
In case of return of the executive document in the magazine specified in Item 2.1 of this provision, the bank performs record with indication of date and return reason. The collection order constituted by bank based on the executive document according to which collection is not made or made partially in connection with withdrawal of the executive document and also the copy of the executive document certified by the signature of the authorized employee of bank is located together with the statement for withdrawal of the executive document in documents of day.
The executive document according to which money recovery is made or stopped in cases stipulated by the legislation the Russian Federation, goes bank the registered mail with the assurance of receipt to the court or other body which issued the executive document.
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