PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 26, 1998 No. 39-P

About procedure for charge of percent on the transactions connected with attraction and placement of money by banks

1. Regulation subject

1.1. This Provision determines procedure for charge of percent on the active and passive transactions of bank connected with attraction and placement of money of clients of bank - physical persons and legal entities, both in national currency of the Russian Federation, and in foreign currencies, and also for use of the money which is on the bank accounts performed based on the agreements signed according to regulations of the Civil code of the Russian Federation.

1.2. This Provision does not regulate procedure for charge of percent on the credit agreements signed between the Bank of Russia and banks. The specified procedure is established by the corresponding regulations of the Bank of Russia.

1.3. This Provision does not govern the relation on maintaining bank accounts of clients of bank, this procedure is regulated by the corresponding regulations of the Bank of Russia.

1.4. This Provision does not determine procedure for charge of the debenture interests of legal entities and physical persons (bills of exchange, deposit and savings certificates, bonds and other debt obligations) which are payable (obtaining), by the transactions performed with use of payment cards and also procedure for collection by bank of service fee on making of transactions with use of payment cards.

1.5. This Provision is applied to non-bank credit institutions in the part corresponding to the status of non-bank credit institution established by the operating civil and bank law, and also regulations of the Bank of Russia.

2. Terms and determinations

 voided

3. General provisions

3.1. According to Art. 30 of the Federal Law "About Banks and Banking Activity" of the relation between bank and its clients (physical persons and legal entities, including banks) are performed on the basis of the agreements/agreements (further in the text - "agreement") concluded taking into account requirements of Chapters 42, of 44, 45 and Articles 421, 422 Civil Codes of the Russian Federation (further - the Civil Code of the Russian Federation).

3.2. The percent added on the raised and placed money, are reflected in financial accounting of bank based on the bank of the order (the internal document of the bank) issued to accounting division of bank signed by the authorized officer.

3.3. Payment (obtaining) of percent on the raised or placed money is performed in cash: legal entities only via bank transfer based on settlement documents, and physical persons - via bank transfer based on settlement documents and cash without restriction of the amount based on receipt (account) cash orders.

3.4. Payment or receipt of percent is made in the terms provided by the relevant agreement.

3.5. Percent on the raised and placed money are charged by bank on remaining balance of the debt on principal debt considered on the corresponding personal account for the beginning of operational day.

3.6. The bank shall provide in the program way daily charge of percent on each agreement with the accruing result from the date of the last reflection in financial accounting of bank of the amount of the added percent.

3.7. When closing bank accounts (bank deposits) of clients of banks percent on the raised (placed) money are charged about day (date) of the actual closing or transfer of the account inclusive. At the same time the bank account balance (bank deposit) is determined proceeding from the remaining balance which is available on the account and the percent enlisted into the specified account (charged off the specified account) in case of its closing (transfer).

3.8. Ceased to be valid

3.9. Charge of percent can be performed by one of four methods: on formulas of simple percent, compound interests, with use fixed or floating interest rate in accordance with the terms of the agreement. If in the agreement the method of charge of percent is not specified, then charge of percent is performed on formula of simple percent with use of fixed interest rate.

When charging the amount of percent on the raised and placed money are taken into consideration the size of interest rate (as a percentage annual) and the actual number of calendar days on which money is raised or placed. At the same time the real number of calendar days in year undertakes base (365 or 366 days respectively).

4. Procedure for charge by bank of percent on the raised funds

4.1. Percent on borrowed funds (in deposits, deposits, on other bank accounts) are charged by borrowing bank according to the procedure and in the amount of, provided by the relevant agreement and Item 3.5. this provision.

4.2. In cases when term or other deposit (other, than on-demand deposit) is paid back to the investor according to its requirement before the expiration or before the circumstances provided by bank deposit agreement (deposit) deposit interests (deposit) are paid in the amount of, corresponding to the size of the interests paid by bank on deposits "poste restante" if the agreement does not provide other size of percent.

4.2.1. In case of return of contribution the bank pays to the investor the percent added in accordance with the terms of the agreement.

4.2.2. In cases when the investor does not require return of the amount of term deposit after its term or the deposit amount brought on other terms of return, or after approach provided by the agreement of circumstances, the agreement is considered prolonged on the terms of contribution (deposit) "poste restante" if other is not provided by the agreement.

4.3. If other is not provided by bank deposit agreement, interests on the amount of bank deposit are paid to the client investor according to its requirement after every quarter separately from the deposit amount, and percent, unclaimed in this time, increase the deposit amount on which percent are charged (i.e. percent are ranked as contribution).

4.4. If other is not provided by bank account agreement, the amount of percent added for use of the money which is on the account is enlisted into the account after every quarter.

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