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Ministry of Justice

Russian Federation

On August 16, 2013 No. 29423

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of July 15, 2013 No. 3026-U

About the special bank account of Russia

This Instruction according to Item 3 of Article 859 parts two of the Civil code of the Russian Federation (The Russian Federation Code, 1996, No. 5, the Art. 410) and according to 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 July 12, 2013 No. 15) determine procedure for opening and maintaining the special bank account of Russia (further - the special account), procedure for money transfer by credit institution or its branch (further - bank) into the special account in case of absence of the client behind receipt of balance in cash on the account within sixty days from the date of the direction bank to the client of the notification on agreement cancelation of the bank account or non receipt by bank during the specified term of specifying of the client about transfer of the amount of balance in cash to other account, and also procedure for return of money from the special account.

1. Money transfer for transfer into the special account in case of agreement cancelation of the bank account, in the cases established by the law is performed by banks from correspondent accounts (sub-accounts) (further - correspondent account) in the Bank of Russia. Return of money from the special account is performed by the Bank of Russia on correspondent accounts of banks in the Bank of Russia.

2. For opening of the account for the purpose of money transfer into the special account the bank represents to the division of the Bank of Russia determined by the agreement of correspondent account for provision of access to operational services with use of orders on paper (further - division of the Bank of Russia), the statement for opening of the special account (in writing in any form) in which as the basis for opening of the account the text "For transfer of money for the special bank account of Russia according to Item 3 of Article 859 parts two of the Civil code of the Russian Federation" is specified. The application for opening of the special account is signed by the authorized officers of bank given the right of the first and second signature according to the card of specimen signatures and impress of a seal which is available in division of the Bank of Russia. Signatures of authorized officers of bank are certified by impress of a seal of bank.

The statement for opening of the special account is submitted bank in division of the Bank of Russia in duplicate, one of which with the signature and disaggregation of the signature of the provided his face remains in division of the Bank of Russia, another returns to the provided his face with mark (date, the signature of the authorized worker and print of stamp of division of the Bank of Russia) about receipt of the statement to division of the Bank of Russia.

3. The division of the Bank of Russia no later than the next working day after day of reception of an application reports about opening of the special account (in writing in any form signed by the head or person, it replacing) to bank number of the opened personal account.

4. According to the statement of bank one special account irrespective of quantity of the terminated bank account agreements is opened. For opening of the special account the bank account agreement is not signed.

5. The payment order for money transfer into the special account is constituted by bank according to the Provision of the Bank of Russia of June 19, 2012 No. 383-P "About rules of implementation of money transfer", the registered Ministry of Justice of the Russian Federation on June 22, 2012 No. 24667 ("the Bulletin of the Bank of Russia" of June 28, 2012 No. 34 (further - the Provision of the Bank of Russia No. 383-P), taking into account the following.

As the name of the payer, payer bank the bank name, names of a consignee is specified, payee bank - the name of division of the Bank of Russia, account number of the receiver - number of the personal account opened based on the statement for opening of the special account in purpose of payment is specified the text "Money transfer for transfer the special bank account of Russia according to Item 3 of Article 859 parts two of the Civil code of the Russian Federation".

6. After transfer of balance in cash to the special account the bank account of the client is closed according to the procedure, established by the legislation of the Russian Federation.

7. For money transfer on demand about return of balance in cash the bank submits in division of the Bank of Russia the application for return of money from the special account (in writing in any form) in which are specified number of personal account, as name of a consignee of means and payee bank - the bank name, cash amount, subject to return from the special account, as the basis - the text "Return of money from the special bank account of Russia according to Item 3 of Article 859 parts two of the Civil code of the Russian Federation". The application for return of money from the special account is signed by the authorized officers of bank given the right of the first and second signature according to the card of specimen signatures and impress of a seal which is available in division of the Bank of Russia. Signatures of authorized officers of bank are certified by impress of a seal of bank. The application for return of money is submitted in division of the Bank of Russia according to the procedure, determined in Item 2 presents of the Instruction.

8. After withdrawal (cancellation) of the license for banking operations at bank from the special account the receiver has the right to submit the statement for return of money (the liquidator, liquidation commission).

9. Return of money to bank is performed within cash amount, earlier transferred by this bank into the special account, based on the payment order constituted by division of the Bank of Russia according to the Provision of the Bank of Russia No. 383-P taking into account the following.

As the name of the payer and payer bank are specified the name of division of the Bank of Russia, in the quality of rooms of the account of the payer - the personal account opened for transfer of money into the special account, as name of a consignee of means and payee bank - the bank name, submitted the application for return of money from the special account, in purpose of payment - the text "Return of money from the special bank account of Russia according to Item 3 of Article 859 parts two of the Civil code of the Russian Federation based on the statement", and also date of the statement. Money returns to correspondent account of bank no later than the working day following behind day of acceptance by division of the Bank of Russia of the statement for return of money from the special account.

10. Requirements to bank about return of balance in cash, transferred into the special account, are considered by bank without participation of the Bank of Russia.

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