Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

Approved by Board of National Bank of Tajikistan on October 12, 1999 No. 19

 The instruction No. 90 about the deposit bank accounts opened in banks of the Republic of Tajikistan

I. General provisions

1. In this Instruction the procedure for opening, closing and renewal of deposit accounts by banks in national currency for residents of the Republic of Tajikistan is stated. Procedure for opening, closing and renewal of deposit accounts in foreign currency and procedure for opening of accounts in national currency for nonresidents are established by Instructions "About procedure for opening and maintaining by authorized banks currency accounts, legal entities and physical persons, residents and nonresidents" and "About procedure for opening and maintaining accounts of nonresidents by authorized banks in currency of the Republic of Tajikistan", approved by Board of National Bank of Tajikistan 16.09.97 (the protocol No. 51).

2. The main terms used in the Instruction:

Bank - the legal entity having the license for implementation of banking activity and its branches according to the legislation of the Republic of Tajikistan;

The client - legal entity or physical person, and also his legal representatives who use services of bank in opening and account management;

The procedure for carrying out account transactions of clients is established by regulations of National Bank of Tajikistan which are obligatory for the applying parties.

3. Bank accounts are subdivided into the following types:

- on-demand deposit accounts. The concept "on-demand deposit accounts" includes settlement and current accounts of clients;

- savings deposit accounts. From savings deposit accounts according to bank account agreement the client has the right to withdraw funds only with certain frequency (once a month, two times a month, etc.) within the limit stipulated in the agreement;

- term deposit accounts. According to term deposit accounts of means are issued to the client only after the term stipulated in bank account agreement with charge of percent;

- correspondent accounts of banks;

4. On-demand deposit accounts open to clients irrespective of patterns of ownership.

5. To the central management on treasury under the Ministry of Finance of the Republic of Tajikistan and to its territorial authorities on-demand deposit accounts for transfer of the income and implementation of expenses of republican and local budgets open.

6. Clients of bank - legal entities independently choose bank for the settlement and cash servicing and have the right to open accounts only in one bank. They can freely pass from one bank of servicing into other bank if they have no debt to the serving bank.

The responsibility for violation of the requirement of this Item is conferred on the client. In case of establishment of the facts of availability at the client of accounts in several banks, these accounts are immediately closed, remaining balance of means on these accounts is transferred into that account which was opened originally using penalties according to the legislation of the Republic of Tajikistan.

To each client to whom funds at the expense of republican and local budgets for their target use are allocated on-demand deposit accounts on each purpose open.

7. The transaction types performed on the account shall correspond to the type of activity provided in the charter or provision.

8. The bank shall sign bank account agreement with the client who addressed with the offer to open the account on the conditions conforming to the requirements provided by the law and bank rules established according to it announced by bank for opening of accounts of this type.

The bank not in the right to refuse opening of the account, making of the corresponding transactions on which is provided by the law, constituent documents of bank and the license granted to it, except as specified, when such refusal is caused by absence in bank of technical capabilities to accept on bank servicing, or is allowed by the law or other legal acts.

In case of unreasonable evasion of bank from the conclusion of bank account agreement the client has the right to impose on it requirements, according to the procedure stipulated by the legislation the Republic of Tajikistan.

9. Banks shall report to legal entities who are subjects of the taxation about opening of accounts in 5-day time in the relevant tax authority.

10. For opening of the bank account the client brings payment in the income of bank in the amount of, established by each bank independently.

II. Procedure for registration of opening of the bank accounts "On-demand deposit accounts"

11. For opening of on-demand deposit accounts the legal entities and physical persons performing business activity without formation of legal entity submit the following documents to bank:

a) the statement on opening of the account on appendix form No. 1.

The application is signed by the head of the account holder and the chief accountant. The statement on behalf of the physical person performing business activity without formation of legal entity can be signed only by the account holder.

b) copy of the certificate on state registration.

c) the copy of constituent documents (the charter, provision) certified notarially - for legal entities;

d) the notice on registration of the client in tax authorities as the taxpayer if the applicant on opening of the account is subject of the taxation with indication of identification taxpayer number appropriated to it;

e) card with specimen signatures and impress of a seal: it is drawn up according to the procedure, established by this instruction (the form of card is given in appendix No. 2);

e) the letter obligation on lack of deposit accounts in other banks.

The account is opened for structural divisions of the legal entity according to the statement of the legal entity with submission of the documents provided by this Section.

At the same time account holder is the legal entity with whom the bank signs the agreement of servicing of the bank account. On behalf of the legal entity persons authorized by it, based on the power of attorney issued by the legal entity or their inclusion in cards with specimen signatures can dispose of the account.

12. For opening of on-demand deposit accounts state-financed organizations submit the following documents to bank:

a) the statement on opening of the account on appendix form No. 1;

b) the card with specimen signatures and impress of a seal certified notarially or superior organization.

c) decision of state body on creation of state-financed organization.

13. The provisional (accumulative) account poste restante with for up to 3 months, for transfer of the initial contributions of entrepreneurs, participants and founders can be opened for entrepreneurs, members of limited liability companies and founders of joint-stock company.

For opening of the provisional account it is represented in bank:

- the statement on opening of the account;

- notarized copy of the foundation agreement.

After state registration the key account in accordance with general practice according to Item 11 is opened

III. Ofomrelinya of opening savings, term deposit accounts

14. For registration of opening of savings and urgent deposit accounts it is represented to bank:

Legal entities:

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