Nominal account in Sberbank: conditions for opening and performing transactions

Nominal account - what is it?

First, let's look at what a nominal bank account for guardians is. According to Art. 860.1 of the Civil Code of the Russian Federation, a nominal bank account is opened by its owner, in particular, a guardian, for the disposal of funds, the beneficiary of which is another person, in particular, a ward. According to this standard, all funds deposited into the account, including by the guardian himself, will be the property of the ward.

The law requires the use of the details of a nominal guardianship account to place on it the amounts of alimony received, pensions, benefits, compensation, payments and other funds received for the maintenance of the ward. The only exceptions are funds that can be received by the ward and which he has the right to dispose of independently, without the participation of a guardian.

The essence of the changes that introduce nominal accounts for guardians is that, according to the previous legislation, all the funds of the ward were kept in the bank in his personal account. The procedure for using these funds limited the guardian in their spending, allowing the possibility of monthly cashing out only an amount not exceeding the subsistence level. If there were not enough funds to support the ward, more money could be cashed out only with the permission of the guardianship council.

Now, when all funds are transferred to a nominal account for guardians in Rosselkhozbank or another credit organization, they come at the complete disposal of the person exercising guardianship functions. There are no restrictions. Moreover, the legislator allows the opening of such a deposit for the transfer of funds from several beneficiaries (guardians) and subsequent disposal of them.

How much does it cost to open and maintain?

You can use the Sberbank service, but it is important to remember that it is not free, and you will have to pay for an open account. In particular, 3.55% is credited annually to the account balance, and the account itself has a capitalization.

You can withdraw money without the permission of the guardianship service and without any restrictions, but it is important to remember that the bank controls the expenditure of funds specifically for the needs of the child.

As for payment, all actions on the account are performed free of charge, with the exception of the amount of 50 rubles, when it is necessary to automatically transfer the amount to a card or deposit.

Legislation

The changes themselves, which introduced the concept of a nominal account into civil legislation, were first published in Federal Law No. 302 of December 30, 2012 and came into force only by mid-2014. The requirements for persons exercising guardianship functions and opening such deposits to place funds belonging to the ward are established by Part 1 of Art. 37 of the Civil Code of the Russian Federation.

The procedure for opening nominal accounts by guardians is regulated by the provisions of Chapter 45 of the Civil Code of the Russian Federation, in particular, Articles 860.1–860.6.

These articles determine the rules for concluding an agreement, the procedure for conducting transactions on accounts, the rules for providing information and other standards necessary when using nominal accounts.

It should be noted that Art. 37 of the Civil Code of the Russian Federation also requires guardians to report annually on how the funds received into the account are spent. The procedure for providing such reporting is determined by Art. 25 of the Federal Law “On Guardianship and Trusteeship”, as well as the Rules approved by Decree of the Government of the Russian Federation No. 927 of November 17, 2010, and the Rules approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009.

The legislative framework

All issues related to the regulation of situations related to the opening of nominal accounts and the transfer of money to these accounts are regulated by Russian legislative acts. We are talking about the following documents:

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When referring to documentation, it is important to pay attention to which version is the most current and study exactly that law.

Who opens a nominal account

By virtue of Art. 37 of the Civil Code of the Russian Federation, a nominal account must be opened by the guardian of the person whose funds are transferred to it. According to Art. 860.1 of the Civil Code of the Russian Federation, it can also be opened by the owner to place funds of several beneficiaries, however, Part 3.2 of Art. 19 of the Federal Law “On Guardianship and Trusteeship” requires the guardian to open one deposit for each of the wards.

According to Part 2 of Art. 860.2 of the Civil Code of the Russian Federation, such an account can be opened both in the presence of the beneficiary, that is, the ward, and without him. The fact of the presence of the ward is recorded in the documents, and his signature is placed in the agreement.

Advantages of nominal accounts

Social Security accounts have clear benefits for both beneficiaries and their caregivers. The main advantages are:

1. A simple procedure for opening a deposit without unnecessary bureaucratic procedures and formalities, with a minimum set of papers.
2. Possibility of unlimited cash withdrawals.
3. State deposit insurance.
4. Regular accrual of interest income.
5. Ease of use – the owner has access to most banking transactions.

Corresponding adjustments to the Civil Code of the Russian Federation were made in hopes of increasing the popularity of guardianship. The powers of guardians with the maintenance of nominal accounts have expanded significantly.

Registration procedure

Having examined the concept of a nominal account and understood what it is, we suggest that you familiarize yourself with the procedure for registering a nominal account for persons performing guardianship functions. Thus, any such deposit is opened on the basis of an agreement with a credit institution. According to Art. 860.1 of the Civil Code of the Russian Federation, the contract is concluded in writing with the obligatory indication of the date of its execution.

In addition, an essential condition of such an agreement is an indication of the ward or the procedure for obtaining information about him from the guardian; It is necessary to indicate the relationship between the parties, due to which the opening of a nominal deposit is required. Failure to comply with these requirements entails the invalidity of the contract.

Which bank should I open an account with?

Until recently, there was a relevant rule according to which the conclusion of an agreement to receive guardianship funds was possible only in banking structures where state participation was at least 50% of voting shares. The need for this was determined by the increased reliability of state banks. As a result, the nominal account of the guardian in Sberbank, Rosselkhozbank and other state financial institutions has gained the greatest popularity.

The need to open an account only in a state bank resulted in a number of problems for guardians: the problems consisted both in the unwillingness of individual state banks to provide this service, and in restrictions for the guardian in the ability to open such an account, for example, in the absence of a branch of a suitable bank in the locality.

Since 2015, the restriction for private banks has been lifted, and now you can enter into an agreement to receive guardianship money at any bank that provides such a service and is functionally ready to service deposits, complying with all legal requirements.

In particular, such a bank, according to Part 3 of Art. 860.1 of the Civil Code of the Russian Federation, is obliged to control the use of funds in guardianship accounts in accordance with Part 3.1 of Art. 19 of the Federal Law “On Guardianship and Trusteeship”, notifying the guardian and the guardianship council that the amount of money in such an account exceeded the amount of compensation for deposits stipulated by Federal Law No. 177 of December 23, 2003 “On insurance of deposits of individuals in the Russian Federation”. It is worth noting that not all credit organizations have established a mechanism for such notification and control over guardianship operations.

What documents are required to open an account?

Following the logic of the legislator, the procedure for opening a guardianship nominal account is not much different from opening any other bank deposit. At the same time, the law does not provide for any specific list of necessary documents provided when opening it - they are determined directly by the management of the credit institution.

Thus, persons preparing nominee accounts for guardians are usually required to:

• identification documents;
• taxpayer identification code;
• act of the guardianship authorities establishing guardianship;
• a document confirming the assignment/payment of certain benefits, alimony, scholarships, compensation in favor of the ward;
• identification document of the ward, including a birth certificate;
• a document confirming the place of residence of the adoptive family;
• information about the name and address of the guardianship authority;
• any other documents requested by the bank.

The agreement to open a nominal account is usually concluded on the day the guardian contacts the credit institution.

This process, as a rule, does not require the presence of the ward (although it does not prohibit it) and takes no more than half an hour, since all processes in 2021 are streamlined and automated. As already mentioned above, if the ward is present in the agreement, his signature is required.

❌ When guardianship authorities may refuse to issue permission

As mentioned above, the guardianship authorities have every right to refuse the guardian’s permission to withdraw cash from the child’s account. There are usually good reasons for this, namely:

• the documents required to obtain the permit were not submitted in full;
• falsifications or errors were found in the submitted documents;
• The amount the guardian wants to withdraw does not meet the monthly withdrawal guidelines.

An attempt to negotiate with employees of a banking institution about withdrawing funds without permission is unlikely to lead to a positive result. The bank has no right to issue money to a guardian who does not have permission in hand, since, otherwise, it will violate the law.

It should be remembered that the rights of a child expand when he reaches the age of 14 years. In accordance with Article 26 of the Civil Code of the Russian Federation, a person who has reached the age of 14 has the right to enter into transactions and perform other financial transactions (except for those specified in Part 2 of the same article) with the written permission of his parent or guardian.

Accordingly, the ward himself can withdraw money from his account, and the guardian may subsequently be refused, since the amount available for withdrawal in the current month has already been exceeded.

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Rules for using the account

As already mentioned, in accordance with Art. 37 of the Civil Code of the Russian Federation, a nominal guardianship account in a bank can be used to credit any funds that are assigned and paid for the maintenance of a minor or incompetent citizen. These include disability pension payments, amounts of alimony paid by biological parents, amounts from regional budgets allocated for material support for orphans, amounts of compensation for the loss of a breadwinner and other payments that may be available to the guardian.

Exceptions include funds that:

• received by the ward as salary or stipend if he has reached the age of fourteen;
• can be used by the ward independently, for example, for small household transactions;
• provided by third parties for independent disposal if the ward has not reached the age of 14.

It should be taken into account that, in accordance with Part 3 of Art. 19 of the Federal Law “On Guardianship and Trusteeship”, the guardian has the right to place the ward’s funds in nominal bank accounts under one condition, namely: the total amount of guardianship money in the accounts of one credit organization must not exceed the amount of compensation for deposits established by the Federal Law “On Insurance of Deposits of Individuals” in Russian banks."

Previously, this amount of compensation was 700 thousand rubles, but now, in accordance with Part 2 of Art. 11 of the Federal Law “On insurance of deposits of individuals in banks of the Russian Federation”, the amount of such compensation cannot exceed 1.4 million rubles. Thus, according to Part 3.1 of Art. 19 of the Federal Law “On Guardianship and Trusteeship”, if the amount on the account reaches the specified limit, the bank is obliged to notify both the person exercising guardianship functions and the guardianship authority.

How to choose a tariff for cash settlement services and a current account at Rosselkhozbank

RSHB offers several options for cash settlement services for legal entities (LLC) and individual entrepreneurs. To make the right choice, a businessman should first evaluate some nuances:

1. Is it planned to withdraw cash from the current account and in what volume?
2. How many payments will be transferred to third-party banks.

Advice to business owners: if it is difficult for you to accurately predict the number of transactions on your current account and make a choice, sign up for the “Basic Light” tariff plan at Rosselkhozbank. The commission for RKO in this package is minimal, which will give you the opportunity to get acquainted with the services of RSHB and make a final decision (switch to another tariff, if necessary).

Withdrawing funds from a nominal account

There was a requirement that before a guardian could withdraw money from the ward’s account, he had to obtain written permission from the guardianship authorities if the amount of funds exceeded the monthly subsistence level. Today the rules for withdrawing money have changed.

Now, in accordance with Art. 37 of the Civil Code of the Russian Federation, money in a nominal account is spent by the guardian at his discretion, without any prior permission. However, as before, such funds can be used exclusively in the interests of the ward - using them for other purposes is unacceptable and illegal.

Sberbank Online for nominal accounts

Nominal accounts cannot be controlled through mobile applications and the Sberbank Online service. All information about the transfer of funds or the current status of the deposit can be viewed by visiting a bank branch. Data on the last 10 transactions is provided by the contact center.

For anyone interested in how to check a nominal account through Sberbank Online, bank employees offer some additional services. Since it is impossible to control the movement of funds through this service, as well as to connect a nominal account with a plastic account, Sberbank created the Green Street function. It is needed to transfer funds from a deposit to another account or plastic card. You can use the service after visiting a branch of the institution in person.

Important! You can withdraw money from a nominal account only at the bank office where the deposit was registered. Funds are not available for use at payment terminals or when making online purchases.

The difference between nominal accounts is the lack of protection in terms of transferring information to government agencies. Such authorities receive full access to information about the movement of funds. That is why organizations involved in guardianship issues can independently request detailed data on expenses from the bank if the trustee has not submitted it within the prescribed time frame.

Despite certain problematic nuances, nominal accounts significantly simplify the life of trustees. They do not have to visit guardianship organizations every month and obtain permission to withdraw cash in an amount above the subsistence level. This procedure was previously adopted. In addition, the money held in such deposits cannot be seized or collected to pay off the debts of the guardian.

Comparison and Features

The many options for using special accounts lead to some confusion in understanding the terminology; for example, in real estate transactions, a nominal account, letter of credit, and escrow may be used in different banks. This does not change the idea - the safe deposit box is replaced with an account.

There are various specific nuances that are important to understand in each specific case. A description of all the pitfalls for general situations is suitable for a textbook, but we try to explain the essence in simple words

Table: Comparison of nominal accounts.

Types of deposits

A nominal account with Sberbank of Russia is a convenient way to manage benefits. Contributions of this type exist in three formats:

1. Excrow.
2. Collateral.
3. Letter of credit.

Each account has its own characteristics both for the actual owner of the money and for the person performing guardianship functions.

Exrow

On escrow deposits, the received money is blocked and subsequently transferred to a specific person by written agreement. For this purpose, a tripartite agreement is concluded between the beneficiary, the financial structure and the depositor. The conditions for these accounts are as follows:

1. Until all conditions are fully met, neither the owner nor the future recipient can dispose of the money.
2. The money is received once in the amount determined by the agreement.
3. The banking institution does not charge any commission.
4. Money cannot be cashed out or used to pay for services or goods.
5. Closing requires the consent of the recipient.

The main advantage of escrow accounts is the minimization of risks resulting from the blocking of funds until the transfer of the right to them to the recipient.

Important! You cannot deposit money into these deposits in excess of the amount initially designated.

Collateral account

In collateral accounts, the collateral is the received money. The pledge is valid after the bank approves the creation of a nominal account; adjustments to the agreement can only be made with the permission of the pledgor. The ward is given the right to check and regulate his condition.

In this case, it is possible to lend to several recipients at once. The banking institution must fully comply with client orders related to payment documentation.

Letter of credit deposits

A letter of credit is an account from which funds are transferred to the recipient after confirmation of the fulfillment of each of the conditions stipulated by the agreement. The payer sends money to the account, and the banking organization redirects it to the beneficiary who has fulfilled the prescribed obligations. Transfers are made through special bills of exchange or electronic transfer directly using the details. The deposit serves as a good alternative to making payments using a safe deposit box.

Rosselkhozbank services for business

The dynamically developing RSHB offers its clients a wide range of services. In addition to the fact that anyone can open a current account for an individual entrepreneur or LLC at Rosselkhozbank, the bank also offers other products. Let's get acquainted with them:

1. Acquiring. At the request of the client, RSHB is ready to install payment terminals for paying for goods or services with bank cards. Acquiring services are provided in 3 options - trade, Internet acquiring and mobile acquiring. The commission is calculated individually and depends on the volume of revenue, field of activity and the number of installed payment terminals.
2. Salary project. Any company or individual entrepreneur can enter into an agreement with a bank to transfer wages to RSHB bank cards, and this can be done even without opening a current account. Such a project allows you to save time and reduce labor costs. Prices for this service are determined individually.
3. Corporate card. This is a convenient banking product that allows you to make payments 24/7. With its help, you can effectively manage your funds and withdraw cash from ATMs.
4. Deposits. Money must work, which is why free resources should be placed in bank deposits. RSHB offers a wide range of deposits that can be managed using remote banking services.
5. Currency control. For businessmen whose activities involve conducting transactions with foreign counterparties, Rosselkhozbank offers currency control services. This allows companies that have a current account for an LLC with the Russian Agricultural Bank to receive advice and correctly draw up contracts and transaction passports. This proposal is relevant for enterprises involved in foreign economic activity, because violation of currency legislation is fraught with large fines.
6. Loans. Rosselkhozbank offers businesses several options for loan programs:

• bank guarantee;
• state anti-crisis support programs;
• loans for the execution of government contracts;
• loans to support the agro-industrial complex and others.

RSHB is distinguished from competitors by low interest rates. Legal entities (LLC) can receive financial support from the bank for any purpose, and individual entrepreneurs can close credit cards from other banks on more favorable terms.

Advantages and disadvantages

If we consider social payments, then there are also several disadvantages in using nominal accounts. Information can be available to regulatory authorities at any time if the guardian suddenly did not have time to prepare a report on time.

If we consider nominal accounts opened in Sberbank, then the guardian can receive funds only in the branch in which it was opened. The inability to link a plastic card to it is a huge minus, although if it were eliminated, the information about spending money would be more reliable.

The advantages are the following:

1. To open, you only need those documents that are logically related to the planned areas of spending funds; no additional information is needed.
2. There is no limit on withdrawals.
3. The state insures funds in the amount of 1.4 million rubles.
4. % is accrued on the balance of funds.
5. The contract can provide for the procedure and structure for providing reports on the use of funds; this is especially true if you decide to take care of a relative, but there is no opportunity to be personally present;
6. Several persons can top up.

In addition to the previously raised questions, the disadvantages of the opening include the following points:

Due to the fact that this service in its modern form appeared relatively recently, it is treated with caution, and it has not received the proper distribution. As a result, the legal framework is not sufficiently developed in practice. In the agreement for opening a nominal account, you can indicate the directions for spending the funds, but often many points cannot be provided for, and they are left to the trustees

In this regard, the urgent question is how not to infringe on the interests of owners. There are still few banks that provide such a service.

In conclusion, I would like to say that nominal accounts are increasingly being offered by banks, and both individuals and legal entities are increasingly resorting to them. This type has already proven its worth in the markets of the USA and Western Europe, and it will occupy its niche in the Russian Federation.

Legal regulation will be finalized over time, and the procedure for interaction between the parties to the nominal account agreement will be as clear and regulated as possible.

Additional information on the nominal account is presented in the video.