The procedure for withdrawing funds from the account of a minor child in the Savings Bank. Sberbank clients complain that they cannot withdraw funds from their "teenage" accounts How to transfer money to a nominal account

Cash deposits in the name of a child in Sberbank are an opportunity to accumulate the necessary amount for his upcoming education or some other purpose. The banking institution has provided several proposals for this. But what to do if the situation requires an early withdrawal of money, or how to withdraw money from an account registered for a minor child in Sberbank, the nuances of this issue will be discussed below.

Benefits of the deposit "Top up" in the name of the child

Investing finances in the "Top up" banking product allows parents to accumulate a decent amount of finances by the time their child comes of age. The banking institution has developed the product in such a way that it is as convenient to use it as possible:

Important! The banking product assumes acceptable conditions for earning income. Interest rates are determined not only on the amount and period of investments, but also on the type of currency, and can vary within the following limits:

• ruble deposits - from 3.2-3.85%;
• deposits in US dollars - from 0.05-0.95%.

The most acceptable method to prepare a gift for the age of majority is to open a specialized deposit "Top up" in Sberbank. It has the following advantages:

• initial deposit of funds is minimal. You can open a deposit by making a deposit of 1,000 rubles or 100 US dollars;
• there is no specific date for deposit money... Replenishment of the deposit is allowed at any convenient time, while not only the parents themselves can replenish the account of a minor;
• additional income. Every month, interest is charged on the amount of the contribution, subsequently the minor owner of the deposit gets the right to withdraw them.

Opening conditions and restrictions

You can make a deposit of this type at a branch of a banking institution. At the same time, it is necessary to prepare the following set of documents in advance:

With a set of papers, the client applies to a branch of a banking institution and informs its employees that he needs to open an account for a minor child. Bank staff will form an agreement. This document will reflect all the rules of cooperation with a banking institution. Having carefully studied it, you must approve the agreement and deposit funds into the account. In this case, the initial payment cannot be less than 1,000 rubles. From the moment the funds are credited, the deposit is considered open.

The deposit is replenished with payments every month or capitalization of interest payments. Upon presentation of a passport and a child's birth certificate, a deposit can be opened at any branch of a banking institution. Moreover, the child's age is not limited.

Among the limitations of such a contribution:

• premature withdrawal of accumulated funds is not allowed;
• the child receives the right to withdraw funds after he turns 18;
• no one can receive money for a minor without a special permit from the guardianship authorities.

The conditions for opening a deposit are simple:

1. First of all, it is important to prepare the package required documents: passport and child's birth certificate.
2. Enough deposit minimum amount 1,000 rubles, the amount is not limited.
3. Parents, grandparents, and the child himself have the right to increase the amount on the account after reaching the age of 14.
4. Minimum funds are kept in the bank for 3 months, and maximum - 3 years. In this case, prolongation is provided: the bank automatically extends the storage period until the moment when the client requires finances.
5. Deposit income is accrued every month. If you do not withdraw interest charges, they will be capitalized and included in the total amount of the deposit, which will lead to an increase in its volume and, as a result, to an increase in monthly income.

The nuances of withdrawing money from a minor's account

The account is owned by the child, and he exclusively has the right to manage the finances that are contributed. However, he will be able to withdraw money from the child's savings account only when he reaches the age of 14. At this time, the child has the right to use the accrued interest at his own discretion. The right to fully control the deposit will appear only after 18 years.

Withdrawing the full amount until the child reaches the age of majority is allowed only with a permitting document from the institution of guardianship and trusteeship.

Possible problems with removal

If you wish to receive funds from the savings account before the child reaches 18 years of age, the bank branch will only allow you to do so with permission from the guardianship authorities.

At what age can a child withdraw the entire deposit amount

The child will be allowed to receive the full amount from the account only after 18 years. It is allowed to withdraw interest charges and deposit funds into the account after 14 years.

Replenishment possibility

The maximum amount of the deposit is not limited. The contribution belongs to the replenishment, therefore, additional funds are allowed to be made throughout the entire period of conservation financial resources in a banking institution. Top-up is allowed an unlimited number of times. Have the right to deposit money:

• parents of the child;
• grandmothers and grandfathers;
• the child himself, upon reaching the age of 14.

You can deposit funds to your account:

1. In any convenient branch of Sberbank, you only need a passport with you.
2. Using a mobile application.
3. Using Sberbank Online.

Sberbank provides for automatic prolongation of the "Replenish" deposit. This is done according to the conditions and interest, which remain valid at the time of the renewal. The number of renewals is not limited.

Profitability

If you want to open a deposit for a child, parents may have a question about what kind of profit will be from the deposit. To find out, you can use the online calculator:

The service will calculate the profitability of the child's deposit in Sberbank on an automatic basis. Of course, it is important to understand that the data obtained are approximate. The profitability is set by the total amount of deposits of additional funds and actions that are performed with the interest that was accrued. Removing interest will certainly lower your profit.

Interest rates

Interest rates provide income on deposits in the name of the child. It should be understood that the level of interest on the deposit is not fixed. It fluctuates under the influence of a list of factors:

• currency in which the deposit will be opened;
• the period for which the deposit is organized;
• the size of the deposit.

The deposit rate per child in Sberbank ranges from 3.75 to 5.12%. The percentage is not constant, the rate will change if the account is replenished.

Compensation

Now banking institutions carry out compensation payments for deposits that were issued before 1991. Such services allow receiving compensation payments both directly to depositors and to their heirs or to children in whose name the account was opened. Compensation payments will be provided even if the passbook has been lost. The amount is calculated using a special formula, it is presented on the official Internet resource of the banking institution.

Parents decide on their own to open an account for a child. However, it should be understood that such a useful product from Sberbank will help to accumulate a substantial amount by the time the child comes of age. This fact, of course, will be very appropriate at this age. The accumulated funds can be useful both for the education of the child and for other acquisitions. A savings account will help you not only save money, but also increase it through interest charges. In addition, this experience will allow children to understand how to properly handle finances.

When accustoming your child to banking services, be prepared that he will be able to use the money only after reaching the age of majority

Young clients of Sberbank and their parents complain that they cannot withdraw funds from their "teenage" accounts. Banki.ru understood the problem together with experts.

Easy to open, impossible to remove

Alexander's daughter is in ninth grade. She recently asked to open a Sberbank Youth Card for her. “She wanted to be more independent, not to ask me for pocket money every time, and she liked the design of the card very much,” says Alexander.

Alexander himself, his wife and sometimes 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.

According to Irina, during the registration of the Sberovskaya card, the daughter filled out only one document - model contract to open an account. “At the same time, no one warned my daughter that it would not be easy to withdraw money from the Target,” she says indignantly.

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 the clients of Sberbank themselves.

Financial insolvency

Sberbank's Youth Card is opened to clients aged 14 to 25. It has a low cost of service, but at the same time it has all the basic functions of a bank card, including contactless payment and cash back "thanks" in the amount of up to 10% of the purchase amount. As one of the additional advantages of the card, the bank declares the possibility of so-called accumulation for purposes. She assumes that the holder “ Youth card»It is possible to open a deposit from a thousand rubles through a remote service channel - Sberbank Online.

The Sberbank website has a warning regarding this product: "The deposit is opened by minors, therefore there are a number of legislative restrictions, and until the age of 18 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 permission from 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 application did not warn about it.

Teens are actively complaining about this injustice in various forums.

“I carefully read the contract in in electronic format, there was no point about the impossibility of closing the target by me on my own ”.

“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 agreement in electronic form, there was no clause about the impossibility of closing the target by me on my own, - in the "People's rating" Banki.ru karabashnash. - 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 am 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 guardianship, referring to the changes in the instruction on the procedure for performing operations on deposits of individuals dated 10.16.2000 No. 1-2-r, according to which minors aged 14 to 18 years old can receive a deposit with the written permission of any of his legal representatives and submission of written permission from the guardianship and trusteeship authority ”.

What Sberbank says

Apparently, the issue rests not only on the age of Sberbank's underage clients who opened a deposit ("Purpose") using the "Youth Card", but also on the source of funds.

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 credit institutions as contributions of third parties, which can be withdrawn only if the necessary documents from the guardianship authorities are available.

"The Civil Code of the Russian Federation restricts minor clients in the disposal of their deposits."

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.

At the same time, responding to a request from Banki.ru, the press service of Sberbank wrote the following: “Unfortunately, the Civil Code of the Russian Federation restricts minor clients in the disposal of their deposits. They can freely dispose of their personal contributions (if they themselves have earned), but money with a different nature of origin (even income from parents) can only be disposed of with the permission of the guardianship authorities. This is done to protect children left without parental care or from disadvantaged families, but creates inconvenience for all children and their parents. Therefore, in Sberbank, in order to withdraw funds from his deposit, a teenager must contact a branch where an employee can believe the nature of the origin of funds. "

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

Lawyers interviewed by the Banki.ru portal doubt the validity of Sberbank's actions, which does not issue funds to the holders of "Youth cards" who have opened "Purpose" in the form of a deposit.

“The young man opened a current account on his own, he has every right to withdraw the money that he himself contributed to the bank, without providing additional documents».

"IN in this case the bank, in fact, does not properly fulfill 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 person opened a current account on his own, he has every right to take the money that he himself contributed to 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 in 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 this 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.

“It is important that at first, apparently, a minor client opened an account, and then transferred money from it to a deposit. And in this sense, the opening of a deposit meant a relationship only between the young man and the bank. This means that the withdrawal of money from this deposit should be limited to these two participants, without involving outside parties, ”Tokarev said.

"The legislation does not contain restrictions on the disposal of funds contributed personally to minors."

Zhanna Grineva, a leading specialist in the practice of property and liability relations of the NJC "Amuleks", draws attention to the fact that the withdrawal of funds received from a minor from third parties is regulated not only by the above 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 federal law dated 24.04.2008 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 guardianship authority, 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 to the deposit personally by a minor.

"The bank's requirement does not comply with the current legislation."

“From the answer of the bank it follows that the funds were transferred to accounts by transferring from 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 the 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 with the consent of the guardianship authorities. Since in this case, the attempt by the parents to withdraw money from the child's account could be regarded as deliberate infliction material damage to kid.

"The bank misinterprets the requirements of the Civil Code of the Russian Federation."

“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 the minor client. But the young man opened an account with 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.

Martsukova draws attention to the fact that it is easier for parents to issue an additional card to their account for a minor teenager. Firstly, such an additional card can be issued in personal account or by phone, and a courier will deliver it to your home or work. Secondly, parents will be able to control the expenses of their child, but at the same time they will not have to additionally accompany him to the office or provide their written consent, as well as “fight” for withdrawing funds that the child can place on a savings account or deposit, as happened in situations with the same clients of Sberbank.

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

Lawyer Alexei Tokarev notes that a teenager over 14 years old has the right to conclude a bank account or deposit agreement with a bank. That is, he also has the right to make transactions with them, including depositing his own funds or funds entrusted to him, as well as withdrawing them. In this case, there are no restrictions on the legal relationship between the child and the bank.

"A young man has the right to go to court."

“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 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.

"Guardianship authorities cannot restrict a teenager as a bank customer in his legal right to withdraw funds."

“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 current financial situation of the child 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 for some reason the bank considers withdrawing funds from the account to be an action aimed at worsening the financial situation of the teenager. But even the court here 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.

No eighteen - no money.

Easy to open, impossible to remove

Alexander himself, his wife and sometimes 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 the Sberbank mobile application. 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 draw up the necessary 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, which will spell out all the nuances of this product. "

“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 the clients of Sberbank 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 until the age of 18 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 permission from the guardianship and guardianship authorities and one of the parents.”

As it turned out, the teenagers who opened Target in the Sberbank application had no idea about these restrictions, since the bank employees did not inform them of this feature when concluding the banking service agreement, and the application did not contain warnings 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 electronic form, there was no clause about the impossibility of closing the target by me on my own, - says karabashnash in the "People's rating" Banki.ru. - 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 am 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 guardianship, referring to the changes in the instruction on the procedure for performing operations on deposits of individuals dated October 16, 2000 No. 1-2-r, according to which minors aged 14 to 18 years old can receive a deposit with the written permission of any of his legal representatives and submission of written permission from the guardianship and trusteeship 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 the necessary documents are available 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 fulfill its obligations 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 person opened a current account on his own, he has every right to take the money that he himself contributed to 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 NJC "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 April 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 performing operations on deposits of individuals in the Security Council of the Russian Federation "was supplemented by the requirement of the General Prosecutor's Office of the Russian Federation, according to which a prerequisite for issuing deposits to minors opened and replenished by third parties is the permission of the guardianship and guardianship , 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 to the deposit personally by a minor.

“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 the 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 deliberate infliction of material damage on the child.

“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 with 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 Ekaterina Martsukova, head of the banking services analysis department at Banki.ru, the bank is obliged to warn customers about actions that cannot be performed in the opposite 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 at a fast food restaurant."

“Thus, by not giving the young person his funds, the bank limits 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 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 current financial situation of the child 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 a payment card with which a teenager can pay in stores. In this case, the bank does not restrict the teenager in spending money from his current account, while for some reason the bank considers withdrawing funds from the account to be an action aimed at worsening the financial situation of the teenager. But even the court here 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.

This article will focus on deposits (accounts) of minors citizens registered by parents, grandfathers, grandmothers or guardians, and on deposits (accounts) of minors citizens who are 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 more and more interested in finance, including in 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 periods of a person's life, in the process of 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 clause 2 of the same 26th article of the Civil Code of the Russian Federation, minor citizens aged 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 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 to 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 submit 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 guardianship 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 a representative of the child.

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 this case, banks sometimes require written prior permission from the guardianship and trusteeship authorities;
• from 14 to 18 years of age - the depositor carries 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;
  • the 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 their passport and written permission of the guardianship and guardianship authority. When the 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, is 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), even you placed on bank deposit, the prior permission of the guardianship and trusteeship body will be required, 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 downwards 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.