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Ministry of Justice

Russian Federation

On June 19, 2014 No. 32813

INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 30, 2014 No. 153-I

About opening and closing of bank accounts, accounts on deposits (deposits), deposit accounts

(as amended on 02-02-2021)

Based on the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, the Art. 2311, the Art. 2317), the Federal Law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6728, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, the Art. 2311, the Art. 2317) (further - the Federal Law "About Banks and Banking Activity"), the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" (The Russian Federation Code, 2001, No. 33, Art. 3418; 2002, No. 30, Art. 3029; No. 44, Art. 4296; 2004, No. 31, Art. 3224; 2005, No. 47, Art. 4828; 2006, No. 31, Art. 3446, Art. 3452; 2007, No. 16, Art. 1831; No. 31, Art. 3993, Art. 4011; No. 49, Art. 6036; 2009, No. 23, Art. 2776; No. 29, Art. 3600; 2010, No. 28, Art. 3553; No. 30, Art. 4007; No. 31, Art. 4166; 2011, No. 27, Art. 3873; No. 46, Art. 6406; 2012, No. 30, Art. 4172; No. 50, Art. 6954; 2013, No. 19, Art. 2329; No. 26, Art. 3207; No. 44, Art. 5641; No. 52, Art. 6968; 2014, No. 19, the Art. 2315, the Art. 2335) (further - the Federal Law No. 115-FZ), 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 May 29, 2014 No. 18) the Bank of Russia establishes procedure for opening and closing in the Russian Federation with credit institutions, the Bank of Russia (further - banks) bank accounts, accounts on deposits (deposits), deposit accounts (further - accounts) to the legal entities, physical persons, individual entrepreneurs, physical persons who are engaged in the procedure established by the legislation of the Russian Federation in private practice and also courts, divisions of service of bailiffs, law enforcement agencies (further - clients) in currency of the Russian Federation and foreign currencies.

This Instruction does not extend much opening and closings of the accounts opened in accordance with the legislation of the Russian Federation about elections and referendum, the accounts opened in the separate divisions of the credit institutions created in accordance with the legislation of the Russian Federation located outside the territory of the Russian Federation and also the accounts opened on other bases other than bank account agreement, contribution (deposit), the deposit account.

Chapter 1. General provisions

1.1. Opening to clients of accounts is made by banks on condition of availability at clients of legal capacity (capacity).

According to Item 5 of article 7 of the Federal Law No. 115-FZ credit institutions are forbidden to open bank accounts (the account on contribution) for clients without personal presence of the physical person opening the account (contribution), or the client's representative, except as specified, provided by the Federal Law No. 115-FZ.

Account transactions of the corresponding type (the account mode) are regulated by the legislation of the Russian Federation and made in the procedure established by it.

1.2. The basis of opening of the account is the conclusion of the agreement of the account of the corresponding type and representation before opening of the account of all documents and data determined by the legislation of the Russian Federation provided that for the purpose of execution of the Federal Law No. 115-FZ:

identification of the client, his representative, beneficiary is carried out;

reasonable and available in the circumstances measures for identification of the beneficial owners, except as specified, provided by the Federal Law No. 115-FZ when identification of beneficial owners is not carried out are taken.

The credit institution based on Item 5 of article 7 of the Federal Law No. 115-FZ refuses to the client the conclusion of bank account agreement, contribution (deposit), the deposit account if the documents necessary for identification of the client and the client's representative are not submitted.

According to the paragraph the second Item 5.2 of article 7 of the Federal Law No. 115-FZ in the presence of suspicions that the purpose of opening of the account is making of transactions for the purpose of legalization (washing) of income gained in the criminal way or terrorism financings the credit institution according to rules of internal control considers question of availability of the bases for refusal in the conclusion of the agreement of the account of the corresponding type.

Several accounts based on one agreement of the account of the corresponding type can be opened for the client if it is provided by the agreement signed between bank and the client.

Opening of bank accounts, accounts on deposits to the individual entrepreneurs and legal entities registered in accordance with the legislation of the Russian Federation (except for public authorities and local government bodies), to foreign legal entities for making of transactions by their separate divisions (branches, representations) is performed in the presence of data on state registration of physical persons as individual entrepreneurs, about state registration of legal entities, about accreditation of branches (representations) of foreign legal entities, and also data on identification taxpayer number, reason code of registration in the tax authority, date of registration in tax authority (further - data on registration in tax authority) containing respectively in the Unified State Register of Private Entrepreneurs Unified State Register of Legal Entities and state register of accredited branches, representations of foreign legal entities.

Opening by credit institutions of bank accounts, accounts on deposits to the foreign non-profit non-governmental organizations performing activities in the territory of the Russian Federation through departments is performed in the presence of the data on registration in tax authority containing in the Unified State Register of Legal Entities.

The provisions established by this Instruction concerning the legal entities created according to the legislation of foreign states taking into account the features of legal status of foreign structure without formation of legal entity determined according to its personal law are applied to the legal relationship connected with opening and closing of accounts with banks to foreign structures without formation of legal entity.

The procedure for documentation of data, the specified in paragraphs seven and the eighth this Item, is determined by credit institution in bank rules.

1.3. Opening of the account comes to the end, and the account is open with entering of record about opening of the corresponding personal account into the Book of registration of open accounts.

Record about opening of personal account shall be made in the Book of registration of open accounts no later than the working day following behind day of the conclusion (or entries into force) agreements of the account of the corresponding type. The specified record can be made in the Book of registration of open accounts along with the conclusion of the agreement of the account of the corresponding type.

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