Transfer of funds to minors after 14 years. A nominal account is a tool to ensure the safety and legality of the use of funds owed to a child. Opening conditions and restrictions

Legislation Russian Federation a set of measures is provided to ensure the possibility of realizing and protecting the rights, freedoms and legitimate interests of children, including in the part concerning the receipt and spending on the maintenance, upbringing and education of the child money, due to him as alimony, pensions, benefits, the disposal of which, on the basis of Article 60 of the Family Code of the Russian Federation, is entrusted to the parents or persons replacing them (guardians, trustees).

At the same time, the rules established by civil legislation in relation to the disposal of guardians and trustees of minors by the property of wards children apply to parents exercising the authority to manage the property of their child.

Based on Part 1 of Art. 37 of the Civil Code of the Russian Federation, the amounts of alimony, pensions, benefits, compensation for harm to health and harm incurred in the event of the death of the breadwinner, as well as other funds paid for the maintenance of the ward, with the exception of income that the ward has the right to dispose of independently, are to be credited to a separate nominal account opened guardian or trustee, and are spent by the guardian or curator without the prior permission of the guardianship and trusteeship body.

According to articles 860.1 - 860.6 of the Civil Code of the Russian Federation, a nominal account can be opened for the account holder to carry out transactions with funds, the rights to which belong to another person - the beneficiary, who, when credited to the account of the amount of alimony, pensions, benefits and other payments due to the child, is a minor.

The rights to funds received on a nominal account, including as a result of their entry by the account holder (parent, guardian, trustee), belong to the beneficiary (minor).

The nominal account agreement is concluded with a bank licensed to carry out credit operations in writing by drawing up one document signed by the parties with the obligatory indication of the date of its conclusion. The contract can be concluded both without participation and with the participation of the beneficiary, which, with the consent of the legal representative, can be a minor who has reached the age of 14 years, who also signs the contract.

Based on part 3.2 of Art. 19 of the Federal Law of 24.04.2008 No. 48-FZ "On Guardianship and Guardianship", a separate nominal account is opened for each child's legal representative.

Suspension of operations on a nominal account, seizure or write-off of funds in a nominal account for the obligations of the account holder (parent, guardian, trustee), with the exception of crediting the account and paying the bank's expenses for performing operations on the account, is not allowed. Arrest or write-off of funds from a nominal account for the obligations of the beneficiary (minor) is allowed by a court decision. The withdrawal of funds is also allowed in the cases provided for by law or by the nominal account agreement.

Upon termination of the nominal account agreement, the remainder of the funds is transferred to another nominal account of the owner (parent, guardian, trustee) or issued to the beneficiary (for example, when the child reaches the age of majority or the minor is declared fully legally competent by the court - emancipation) or, unless otherwise provided by law, agreement or does not follow from the essence of the relationship, at the direction of the beneficiary is transferred to another account. The law does not provide for the possibility of issuing the balance of funds upon closing a nominal account to its owner.

The necessary and reliable information on the procedure and conditions for the provision of services for opening and maintaining a nominal account should be provided to citizens in a timely manner credit institutions in accordance with Part 1 of Art. 10 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Protection of Consumer Rights". The choice of a bank for opening a nominal account in order to receive funds due to children is made by parents, guardians and trustees of minors independently.

If the requirement of the law on opening a nominal account by a parent, guardian, or trustee is not fulfilled and the funds owed to the child are transferred to a bank account opened in the name of the minor, then when the child reaches the age of 14, the legal representative loses the opportunity to independently dispose of these funds, and the bank does not have the right to issue them to him without prior permission from the guardianship and guardianship authority.

The correct use of a nominal account guarantees the safety of the money owed to children, facilitates the exercise by the legal representatives of minors of their powers and the exercise by the state of control over the observance of the property rights of children.

This article will focus on deposits (accounts) of minors citizens registered by parents, grandfathers, grandmothers or guardians, and on deposits (accounts) of minors citizens, registered by them independently. That is, about the registration of a passbook for a child or debit card... The modern generation of young people is showing more and more interest in finance, including opening bank deposits for minors. "Porcelain piggy banks" in the form of cats, into which children of 40-50 years old loved to put their money, today's youth are no longer attracted, give them a deposit in a bank, and even with a high income in the form of interest. And this is correct, the pace of life has changed, and minor citizens should be able to work with banks from childhood, should be able to open bank deposits, sign agreements for opening an account, draw up a savings book or bank debit card, that is, they should be able to count and manage their savings rationally ...

Today deposits (accounts) by minors or by minors themselvesusually open:

• To enroll them in scholarships, grants or salaries;
• To store funds for training sent by parents (to other regions);
• To accumulate funds for future needs (study, apartment, car, etc.);
• For crediting benefits or alimony, etc.

The Civil Code of the Russian Federation (Civil Code of the Russian Federation) of 01.26.1996 N 14-FZ establishes the periods of a person's life, during which minor citizens pass from one phase of legal capacity to another. Their rights are also defined there. These are the three periods of life and working capacity:

• legal capacity of minors - this is the age of up to 14 years. According to paragraph 1 of Art. 28 of the Civil Code of the Russian Federation for minors under the age of fourteen (minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. The law allows minor transactions of young citizens, which, however, do not relate to working with banks;
• partial legal capacity minors - occurs between the ages of 14 and 18. According to paragraph 1 and Art. 26 of the Civil Code of the Russian Federation, minors between the ages of fourteen and eighteen make transactions with the written consent of their legal representatives - parents, adoptive parents or guardian. However, on the basis of paragraph 2 of the same 26th article of the Civil Code of the Russian Federation, minor citizens aged from fourteen to eighteen years have the right to independently, without the consent of parents, adoptive parents and trustee, to dispose of their earnings, scholarships and other income, as well as to make contributions to credit institutions and dispose of them;
• full legal capacity occurs when the citizen reaches 18 years of age, which is enshrined in paragraph 1 of Art. 21 of the Civil Code of the Russian Federation. Sometimes the full legal capacity of a citizen can be declared upon reaching the age of 16. This is allowed in accordance with paragraph 1 of Art. 27, when a minor works under an employment contract, including under a contract, or with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity. The decision on legal capacity from the age of 16 is taken by the guardianship and guardianship authorities (with the consent of both parents, adoptive parents or guardian) or by a court decision.

Making a bank deposit (account)

• deposits in the name of minor citizens, before they reach the age of 14, are opened by parents and other contributors (grandfathers, grandmothers, guardians, etc.), for which they need to have a passport (or other identity document), as well as child's birth certificate.
• deposits in the name of minor citizens, aged 14 to 18, are opened by parents and other contributors (grandfathers, grandmothers, guardians, etc.), or minor citizens themselves. To open a deposit and receive a savings book, a minor depositor presents a passport, while other depositors present their passports (or other identity documents), as well as the depositor's passport data or a copy of the passport of the citizen on whom the deposit is being opened.

Closing a deposit (account) in a bank

• up to 14 years old - by his legal representative (parent, adoptive parent, adoptive parent, guardian). To carry out this operation in accordance with the current legislation, a representative's passport, a savings book of a minor citizen is presented to the bank and, in addition, banks sometimes require them to provide them with a written prior permission of the guardianship and trusteeship authority;
• from 14 to 18 years old - closing of a deposit is made by the depositor himself, i.e. a minor citizen. To carry out the operation, a passport, a bank deposit agreement and a savings book for the deposit of a minor citizen are required, in addition, banks sometimes require the written consent of one of the parents and the written permission of the guardianship and trusteeship authority;
• after the age of 18 - further disposal of the deposit, i.e. its closure by the depositor is carried out independently, even if the deposit was opened at a young age by the child's representative.

Expense operations on a deposit (account)

• until the depositor reaches the age of 14 - legal representatives (parents) of the minor depositor. The passbook issued in the name of the child is kept by legal representatives. IN in this case banks sometimes require written prior approval from the guardianship and guardianship authorities;
• from 14 to 18 years of age - the depositor shall carry out expenditure operations on the deposit independently. However, many banks issue funds based on the following:
  
  
  • sums wages, scholarships, amounts transferred and contributed in cash by the depositor himself, interest on the deposit are issued to the minor himself without additional permits;
  • amounts of pensions, benefits, alimony, insurance, inheritance amounts, etc., amounts transferred, as well as those paid in cash by third parties, including legal representatives, are issued to the depositor with the written prior permission of the guardianship and guardianship authorities and the written consent of one of the parents


• From the age of 18, the depositor has the right to independently carry out incoming and outgoing transactions on the account.

Question: My parents opened a deposit in the name of my eight-year-old daughter. Can I dispose of funds on the deposit account? When will my daughter be able to manage the deposit herself?

Answer: Any of the parents can receive money from a deposit opened in the name of a minor under the age of 14 upon presentation of his passport and written permission of the guardianship and guardianship authority. When a child reaches the age of 14, he has the right to dispose of the deposit himself upon presentation of his passport, written permission from the guardianship and guardianship authority and written permission from one of the parents. When the child reaches the age of 18, the depositor can independently dispose of the deposit.

So, paragraph 1 of Article 31 of the Civil Code of the Russian Federation determines that guardianship and trusteeship are established to protect the rights and interests of incapacitated or incompletely capable citizens. And in paragraph 2 of the same article it is said that guardianship and trusteeship over minors is established in the absence of their parents, adoptive parents, deprivation of parental rights by the court, as well as in cases where such citizens for other reasons were left without parental care, in particular when parents shy away from their upbringing or protection of their rights and interests.

And in accordance with clause 1 of article 37 of the Civil Code of the Russian Federation, a procedure is introduced for guardians in which: “The income of the ward, including the amount of alimony, pensions, benefits and other social payments provided for his maintenance, as well as income due to the ward from management his property, with the exception of income, which the ward has the right to dispose of independently, are spent by the guardian or trustee exclusively in the interests of the ward and with the prior permission of the guardianship and trusteeship body. "

When making bank deposits for minors under the age of 14 (i.e. a passbook for a child), parents, grandparents, guardians and adoptive parents should remember the following:

1. When using the funds of a minor (closing a bank account or conducting debit transactions on a deposit), placed even by you on a bank deposit, you will need the prior permission of the guardianship and trusteeship body, since banks are not authorized to independently qualify a depositor under Article 31 of the Civil Code of the Russian Federation.
2. Today, in banks, there are practically no types of deposits for children, issued before the age of majority and for a long period, so you can choose any deposit that is acceptable under the conditions, but better without the condition of partial withdrawal. Interest rates on deposits from which partial withdrawals can be made are generally lower.
3. Today banks offer deposits for a short term from 1 to 3, maximum 5 years, but at the time of prolongation of the deposit for new term the interest rate may change downward or this type of deposit may be completely closed by the bank. Therefore, the contribution must be monitored by checking interest rate by this kind contribution at the time of prolongation and the very completion of the prolongation. And if the rate does not suit, and more profitable types of deposits have appeared, then the funds can be transferred to another type of deposit with higher interest rates.

No eighteen - no money.

Easy to open, impossible to remove

Alexander himself, his wife and sometimes on holidays the girl's grandmother threw money on the daughter's card.

“My daughter paid with plastic at the cinema, replenished her phone, and one day she decided to open Target. There is such a function in mobile application Sberbank. We have been trying to get this money from Target for several months already, ”complains Alexander.

Irina also has a daughter, at the age of 14 she received the "Youth Card" of Sberbank, then decided to credit the money to the so-called "Goal". And for six months now, neither she nor her parents have been able to withdraw money from this "Target".

“We are asked to provide documents from the guardianship authorities. Specifically in our district, the guardianship authorities themselves were shocked when we turned to them, because they do not know what document to write to submit to the bank. Especially when the child's legal parents are safe and sound. The guardianship authorities do not understand how, in this case, they required document... In the bank they shrug their shoulders, they talk about the list of required documents that they have, and without a certificate from the guardianship authorities they only offer to wait for the daughter's majority to withdraw funds, ”complains Irina.

Another "victim" - Sergei, Vasily's father, also draws attention to the fact that after the opening of the "Target" with the child, no separate agreement or additional agreement was concluded.

“Meanwhile, the“ Purpose ”itself is a completely different product than an account,” says Sergey. - Either a deposit, or a savings account, or their analogue. But a separate document must clearly correspond to it, in which all the nuances of this product will be spelled out. "

“There is no common understanding of what to do in the case of a teenager asking to withdraw funds from the“ Target ”in the offices of Sberbank,” Irina shares the results of her own mini-“investigation”.

Some names in the text have been changed at the request of Sberbank customers themselves.

Financial insolvency

The Sberbank website has a warning regarding this product: "The deposit is opened by minors, therefore there are a number of legislative restrictions, and up to 18 years old you get partial access to the deposit."

The website of the "green elephant" also says that a minor can replenish the deposit in any way (including from the "Youth card"), but you can withdraw money from the deposit only in bank branches, “without special permits, you can withdraw personal contributions, salaries, prizes for the Olympiads and so on. " At the same time, "to withdraw from the deposit contributions of third parties (relatives), pensions, benefits, alimony, insurance, inheritance amounts, you need the permission of the guardianship and guardianship authorities and one of the parents."

As it turned out, the adolescents who opened the "Target" in the Sberbank application had no idea about these restrictions, since when the bank banking services did not tell them this feature, and the app did not warn them about it.

“I am a minor, I have a Youth card. There was money on the card, through the application I decided to create two goals - to save (money) for later. The application offered to open a goal with a percentage (rate 1%, if I'm not mistaken). I carefully read the contract in in electronic format, there was no clause about the impossibility of closing the target by me on my own, - says karabashnash in the "People's rating" - At the right time, I decided to close the target - fig, writes: the owner of the deposit is a minor. Although the application says (which can) be closed at any time, and the application knows that I'm a minor. Then I go to the bank, I want to close (the deposit), they say: you need permission from the guardianship authorities and the presence of two parents (who work and do not have the opportunity not only to go to the guardianship authorities, but even to reach the department, and permission from the guardianship authorities is done for two weeks ). Next, we are looking for a legal basis for your lawlessness, and it turns out (that) I am not the first among the oppressed, but the first with my parents-lawyers. "

Despite its age, karabashnash, together with his parents, conducted a whole investigation and even cited the decision of the Soviet City Court of the Kaliningrad Region as evidence of the groundlessness of Sberbank's actions: the court, back in 2008, recognized the actions of the local branch of Sberbank as illegal and demanded that they be terminated.

It is known that the Soviet branch No. 7382 of the Security Council of the Russian Federation for two years did not issue deposits to minors between the ages of 14 and 18, made in their name by third parties, requiring not only the written consent of the parents (guardians, trustees), “but also the written permission of the guardianship authorities and trusteeship, referring to changes in the instructions on the procedure for performing operations on deposits individuals dated 16.10.2000 № 1-2-p, according to which minors aged 14 to 18 years can receive a deposit with the written permission of any of his legal representatives and upon the submission of a written permission from the guardianship and guardianship authority. "

What Sberbank says

Bankers, with whom Banki.ru managed to talk, note that transfers from parents and other close relatives are often received on the accounts of minors. And such receipts are regarded by credit institutions as contributions of third parties, which can be withdrawn only if there is required documents from the guardianship authorities.

In an official response to the forum member karabashnash in the "People's rating" Banki.ru, Sberbank referred to the requirements of the current legislation, namely: Articles 26 and 37 of the Civil Code of the Russian Federation. The requirements of these articles are just listed on the Sberbank website, we wrote about them above. In particular, "Sberbank" points out that a minor depositor between the ages of 14 and 18 disposes of his deposit himself with a number of reservations, including the issuance from the deposit of amounts transferred to the deposit holder by third parties.

"Since the funds came to your accounts by transferring funds from a card that was replenished from cards of third parties, you can close deposits only with the permission of the guardianship and guardianship authorities and the written consent of one of the parents," Sberbank summed up in its response.

However, the press service of Sberbank noted that they are working to simplify the process of managing deposits for minors. True, they did not say when exactly this simplification can be expected.

Whose side are the lawyers on

“In this case, the bank, in fact, does not properly perform its duties as a banking organization, since it does not return the funds of the depositor client on demand. For example, in a specific situation from the "People's rating", based on the fact that a young man opened a current account on his own, he has every right to withdraw the money that he himself deposited into the bank, without providing additional documents, including documents from parents and guardianship authorities, - says lawyer Alexei Tokarev. - An important note here is the fact that a teenager can be served at the bank as an independent client aged 14 to 18, but clients aged 14-16 need written parental consent to make major transactions, while clients aged 16-18 years, such consent is not needed. The size of the transaction is determined by the financial situation and the prevailing customs. For example, buying a car is a big deal; buying a chocolate bar is not a big deal. Is opening a bank account a big deal? I suppose not, because it is a service, but in this particular case, in my opinion, the cost of the service is not a major transaction (significant transaction). "

Lawyers point out that the "size" and significance of the transaction is, in principle, a rather vague concept, the bank cannot and should not refer only to it.

Zhanna Grineva, a leading specialist in the practice of property and liability relations of the NJS "Amuleks", draws attention to the fact that the withdrawal of funds received from a minor from third parties is regulated not only by the specified articles of the Civil Code of the Russian Federation, but also by article 60 of the Family Code of the Russian Federation and articles 17 and 19 of the federal law from 04.24.2008 No. 48-FZ "On guardianship and trusteeship." According to them, a minor client can withdraw such contributions to the contribution of a person under 18 years of age, and even the interest due to him on the deposit only with the permission of the guardianship and guardianship authorities and one of the parents.

"It should be noted that the instruction of Sberbank of the Russian Federation" On the Procedure for Conducting Operations on Individuals' Deposits in the Security Council of the Russian Federation "was supplemented at the request of the General Prosecutor's Office of the Russian Federation with the requirement that a prerequisite the issuance of deposits to minors, opened and replenished by third parties, is the permission of the guardianship and trusteeship body, regardless of the size of the deposit and the amount received, ”explains Grineva.

Nevertheless, she notes, at least from the situation described in the "People's rating" it follows that the funds placed on the account of the minor were personally contributed by him. Under these circumstances, the depositor and contributor of funds to the deposit is a minor, and the legislation does not contain restrictions on the disposal of funds contributed by the minor personally.

“From the bank's answer it follows that the funds were transferred to the accounts by transferring from the cards of third parties. However, the bank does not take into account that the bank deposit agreement was concluded after the funds were credited to the minor's account, and the funds were transferred personally to the minor, Grineva points out. - In the situation under consideration, the minor disposed of the funds on the account by making a deposit. Accordingly, under these circumstances, the bank's requirement to provide parental consent and permission from the guardianship authorities to close the deposit does not comply with current legislation. "

Alexey Tokarev has a similar opinion. According to him, if the funds were deposited into the account of a minor client by his parents, or such an account was initially opened by the parents in favor of their son, that is, a third party, here the withdrawal of funds and their disposal would be possible only if the guardianship authorities agree. Since in this case, the attempt by the parents to withdraw money from the child's account could be regarded as intentional infliction material damage to kid.

“Now the bank is trying to 'incriminate' the client - the holder of the 'Youth Card' for this reason, therefore it requires consent from the guardianship authorities in order to exclude the possibility of harming the well-being of a minor client. But the young man opened an account in the bank himself, which means that the bank misinterprets the requirements of the Civil Code of the Russian Federation in this case, ”Tokarev believes.

According to the head of the analysis department banking services Banki.ru Ekaterina Martsukova, the bank is obliged to warn customers about actions that cannot be performed in the reverse order.

“For example, if a minor makes up a deposit, but cannot withdraw money at any time, he should know about it. Or if the bank opens a virtual card for you, and you cannot close it before the expiration date, you should also be notified in advance. Unfortunately, very often information is not fully provided in a mobile or Internet bank, ”notes the Banki.ru expert.

"It's like a teenager buys his own food in fast food."

“Thus, by not giving the young person his funds, the bank restricts its client in the disposal of the property belonging to him and does not fulfill the obligations assumed. In this regard, a young man has the right to go to court, where he will personally represent his interests, but not without the participation of his guardian or parent, ”says the lawyer.

Apparently, by opening a card to a teenager, the bank concludes an account management agreement with him, in other words, an agreement for the storage of funds, Tokarev points out. Usually, such an agreement provides for the condition that the bank is ready to issue funds from this account, but only to the one who opened it.

“But at the same time, the bank refuses to issue funds credited from this account to some special account for some special purpose. And here, it turns out, the bank argues this by the fact that by taking funds from this special account, the client will not receive the return due to him. That is, in a certain sense, harm will be done to the property status of the minor. But a conflict arises, because the contribution is withdrawn not by the parent or guardian, but by the minor client himself, who has the right to dispose of his property without parental consent when it comes to a small transaction. This is similar to how a teenager himself buys his own food in a fast food or sells a bicycle given to him by his grandfather - in these cases, he also does not have to ask for parental consent. Therefore, the situation in question requires resolution in court, ”explains Tokarev.

He proposes to appeal in this situation by the fact that the bank misleads the young depositor and itself misunderstands the norms of civil law in terms of the prohibition on the commission of actions that cause harm to a minor. On the one hand, the bank, when issuing funds from the account of a minor, must make sure that the teenager acts reasonably and the withdrawal of funds will not cause him material damage in the future. But, on the other hand, the bank does not have the right to refuse a teenager to withdraw funds, since it was with the teenager that it entered into an agreement on a bank account or deposit. And the teenager is free to act independently, while the issue of the size of the transaction is not defined here.

“At the same time, the bank is trying to impose the issue of determining the size and the occurrence of negative consequences on the guardianship authorities so that they issue a document of consent for the issuance of funds from the deposit, but the guardianship authorities make a decision based on the child's current financial situation, and cannot knowingly calculate and know the material consequences for the client, if the deposit is closed. Therefore, they cannot issue an appropriate document, they cannot restrict a teenager as a client of a bank in his legal right to withdraw funds, explains Tokarev. - Thus, the refusal of the guardianship authorities in the documents requested by the bank is absolutely legal. After all, the guardianship authorities cannot assume the rights and obligations of the court, which must resolve the dispute if the bank believes that this action is a major transaction, and determine the significance of the transaction, as well as possible material harm for a minor in the form of a deterioration in his financial situation due to early closing the deposit. For example, let's take a different situation when a teenager opened an account. The bank gave him payment cardthat a teenager can pay in stores. In this case, the bank does not restrict the teenager in spending money from his current account, while the bank for some reason considers withdrawing funds from the account to be an action aimed at worsening the financial situation of the teenager. But even the court will not go beyond the relationship between the teenager and the bank, since the teenager opened a deposit and it is he who has the right to dispose of them. "

A nominal account for a child in Sberbank is a special bank account that must be opened by a guardian or trustee in his own name in order to enroll benefits, alimony, pensions and other social payments due to wards.

Let us consider in detail everything you need to know to interact with a nominal account, draw up and draw up reports to the guardianship authorities.

Nominal account with Sberbank

It is important to immediately determine the terminology, there are only 4 basic concepts to understand the issue.

Definitions

Beneficiary (beneficiary) is the one who owns the rights to funds in the nominal account.

Account owner - this is the one who draws up a bank account in his own name and concludes a nominee account agreement.

Nominal account agreement - must be drawn up with the obligatory indication of the beneficiary, but can be signed without his participation. The agreement specifies any rules for the use of funds in the account in the interests of the ward.

Controller bank - under the agreement, the bank may be obliged to monitor the expenses of the account holder in the interests of the beneficiary.

In our situation:

The beneficiary is a minor child, an incapacitated citizen.

Account owner - parent,guardian/ guardian, adoptive parent, adoptive parent

Controller Bank - Sberbank, in which the agreement is signed and the account is placed.

A visual diagram of the interaction of all participants:

The legislative framework

If you need to clarify the nuances or check the relevance of the data, then you can refer to the laws on the relevant topics:

• List of possible payments - Article 37 of the Civil Code of the Russian Federation (part one) No. 51-FZ with amendments and additions from 01.09.2018.
• Requirements for a nominee account agreement - Article 860.1 Civil Code of the Russian Federation (part two) No. 14-FZ as amended. and add. from 01.09.2018.
• The procedure for the submission of reports by the guardian or curator - Federal Law No. 48-FZ "On guardianship and trusteeship" rev. from 31.12.2017.
• Cases in which reporting is not required - paragraph 1 of Article 37 of the Civil Code of the Russian Federation.
• Prohibited actions for a guardian and trustee - paragraph 2 of article 37 of the Civil Code of the Russian Federation.

What payments can be credited

• State social payments for the maintenance of citizens of Russia.
• Pensions for disability, for the loss of a breadwinner, paid to minors, incapacitated, partially incapacitated.
• Payments for compensation for harm to health.
• Alimony.

Sberbank terms

Table with the conditions for the nominal account of Sberbank for social benefits:

* The interest rate is subject to change by the bank without prior notice.

Tariffs for servicing a nominal account for social payments in Sberbank:

Using the account correctly

• If an obligation arises in relation to the owner of the account to seize or write off money, this does not apply to the nominal account of the guardian - he cannot be arrested.
• Nominal accounts are included in the DIA from 01.01.2015. This means that they are insured for up to RUB 1,400,000.
• Sberbank does not control expenses on a nominal account (this is how a standard agreement is drawn up in a bank). The guardian can spend without restrictions. There is no need for additional permits from the guardianship and guardianship authorities. Only the final annual reporting of the trustee / guardian is important.
• If a guardian or ward has changed the identity card, address, status, then the account owner must inform the bank about this.
• The owner of the nominal account can be issued. This can be permission for any expense transactions or to receive statements. For example, one of the parents can open a bank account and write a power of attorney for the other to manage funds.
• The heirs of the account holder do not have any rights to receive funds from the beneficiary.
• In the event of the death of the beneficiary, the bank freezes the funds. If surpluses were credited, they will be returned to the senders - to the relevant authorities. The balances will only be released to the heirs of the beneficiary.
• You cannot issue a savings book for a nominal account of a guardian.
• The owner cannot issue a testamentary disposition.
• The owner can immediately receive an extract on the transfer from a nominal account to his own, if the operation is performed at a Sberbank branch (the seal and signature of a bank specialist is not put).

How to transfer money to a nominal account

You can transfer funds to a nominal account through:

• branch,
• Sberbank Online,
• mobile app,
• terminal / ATM.

If the transfer to the child's / ward's nominal account is made via the Internet, then it is necessary to indicate the full details and fill in the "purpose of payment" field with the following phrases:

• alimony,
• content,
• treatment,
• compensation for harm to health.

You can download a complete list of identifier words for Sberbank crediting funds to the nominal account of the guardian. Words can be in any number and case: 📝

Otherwise, the payment will not go through and will be returned to the sender. the purpose of the account is to receive social benefits.

The Bank is not entitled to credit other funds in accordance with the regime for maintaining a nominal account.

How to check receipts

Even if you have mobile bank, then connecting it to a nominal account is not possible (most likely this was done for security reasons, too often scammers use this channel to deceive).

This means that SMS messages will not come when money is received on the nominal account of the guardian.

There are only two options to check receipts:

• visit the Sberbank office,
• call the toll-free number: 8-800-555-02-55.

IN contact center you may be told the last 10 transactions.

For the convenience of withdrawing money from a nominal account in Sberbank, it is recommended to issue a long-term order (cost - 50 rubles), which would allow all receipts to be transferred automatically, for example, to a card.

In this case, you will always receive SMS about receipts to your card, and you will be able to monitor the balance in your online bank account.

Reporting to the guardianship authorities

The guardian or curator is obliged to independently prepare and submit a report to the guardianship authorities annually no later than February 1according to federal law No. 48-FZ. The report should contain information on the amount spent that was credited to the child's nominal account.

If the account holders are parents of the childthen they do not need to file reports.

Things to remember:

• Submit a report to the guardianship authorities no later than January 31.
• Exclude corrections and blots.
• Do not leave blank columns, put a dash or write “does not receive”.
• Attach the corresponding income / expense documents to the report.
• The actual costs of the documents must match the data in the report.
• It can be filled in electronically, in words only the name and signature of the guardian / trustee.

Until 2018, the form of the report remains unchanged since 2014. You can download to fill out the form and see examples of correct filling taken from the websites of the guardianship and guardianship authorities.

The owner of a nominal account at a Sberbank branch can get an extract for the annual report - free of charge. You must show your passport.

Before filling out the report on child benefits, be sure to call the guardianship authorities and check if there have been any changes to the form.

Opening an Account

There is only one option for opening a nominal account with Sberbank for a child - at the bank branch.

Opening impossible across:

• internet bank Sberbank Online,
• personal account of the Mobile application,
• terminal or ATM.

You need to go through the opening procedure once, collecting a full package of documents, and then receive payments for the child without applying for additional permits to the guardianship and guardianship authorities.

Option number 1

Account holder: Guardian or Trustee.

Package of documents:

• Guardian ID.
• Birth certificate for children under 14 years old. Or an identity card for the beneficiary aged 14-18.
• The act on the appointment of a guardian from the guardianship authorities, which confirms the authority to dispose of the ward's funds.

Option number 2

Beneficiary: minor child under 18 years of age.

Account holder: parent or adoptive parent.

Package of documents:

• Parent's ID.
• Birth certificate or passport for beneficiaries up to 14 years old and from 14 to 18 years old, respectively.

- If there are several children?

- A nominal account is opened for each child beneficiary. The owner can write a statement - payment orderto transfer funds of all beneficiaries to 1 of your personal account (conveniently - to a card).

Option number 3

Beneficiary: incapacitated citizen.

Account holder: Guardian.

Package of documents:

• Guardian's passport.
• The act of appointing a guardian from the authorities, with confirmation of authority.
• A court decision or an act from the guardianship authorities on the recognition of the beneficiary citizen as incapable.

Option number 4

Beneficiary: citizen with limited legal capacity.

Account holder: Trustee.

The package of documents coincides with the list from option No. 3.

After opening an account, you can receive details and transfer them to the appropriate authorities for calculating social and other payments, pensions, alimony.

The nominal account number with Sberbank consists of 20 digits. Begin with 40823 .

When opening a bank account, you will need to fill out and sign an agreement. Signing by the beneficiary is optional.