What documents are needed for a nominal account. How to open a nominal bank account for a guardian

Since 2014, citizens under guardianship receive social benefits to the nominal account of the guardian. Guardians have the right to dispose of these funds without permission from government agencies. Most often, such special accounts are opened at Sberbank.

Guardian's nominal account in Sberbank: what is it?

The guardian can manage funds received from the state, spending them on the maintenance, upbringing, education, and treatment of the ward. But the ownership of this money remains with the latter. Therefore, in the banking service agreement there are 3 parties: the bank, the ward (“Beneficiary”, beneficiary) and the guardian (“Owner”, manager).

In the banking industry, nominal accounts are those that essentially have two owners: actual and formal. There are several varieties of such financial products, guardianship is one of them.

Why does a guardian need a nominee account?

The law makes it easier for guardians to fulfill their duties: now permission from government services is not required to use the ward’s funds. It is also not required when opening a nominal account.

The absence of formalities does not mean lack of control over the expenditure of funds. The state still protects the interests of minors and incapacitated citizens by obliging guardians to report on their expenses no later than February 1 of each year. The report is not required from parents (including adopted ones) of disabled people since childhood, raising him from birth to 18 years of age and living with him.

The report is accompanied by payment documents for large expenses and a receipt for small expenses (shoes, clothing, food, personal hygiene items). At the Sberbank branch where the guardianship agreement was concluded, they receive a free statement of transactions for the reporting period.

Rules for using a nominal account

The following payments are received to the guardian's nominal account:

• pension (if both parents died);
• alimony (if parents are deprived of their rights);
• social benefits, pensions;
• compensation for damage to health.

The purpose of the transfers must be clear to the bank, otherwise the money will be returned to the sender. For example, if this is funds for the maintenance of a child from the parents, then in the “Purpose of payment” field you need to indicate “Alimony”. Sberbank does not allow incoming transactions not related to social payments (Article 37 of the Civil Code of the Russian Federation).

The bank does not specifically control the manner in which the ward’s funds are spent, but if it suspects that transactions are being carried out illegally, it has the right to suspend services. In addition, Sberbank undertakes to warn clients if the accumulated amount exceeds the maximum insurance indemnity (RUB 1.4 million).

The guardian has the right to carry out transactions, receive statements, certificates, and also transfer management of funds to another citizen by power of attorney. The ward (beneficiary) can request details. Social payments are indexed every 3 months. The Sberbank rate in 2018 is 3.67% per annum.

Old rules

Changes to the provisions of the Civil Code of the Russian Federation and Federal Law No. 48 regarding nominal guardianship accounts came into force on 01.08.2014. What happened before:

Practice of using nominal accounts

In 2014, not all banks had any idea how to open nominal accounts for guardians of minors and incapacitated citizens. Difficulties arose with internal regulations and software updates.

A difficult situation arose: banks did not open guardianship accounts, although the Central Bank of the Russian Federation regularly threatened violators with sanctions and inspections. At the same time, the Pension Fund and the population refused to credit the social benefits they paid in a different way.

Rosselkhozbank was the first to provide such services. Sberbank “joined the game” only in February 2017. Despite this, over the year it became the leader in the number of guardianship agreements concluded.

Procedure for opening a nominal account

The following can conclude an agreement with Sberbank:

• guardian (looks after young orphans, as well as those who are declared incompetent by the court for mental health reasons);
• guardian (appointed to citizens 14–18 years old, left without parents, as well as adults with limited legal capacity);
• parent or adoptive parent.

The guardian applies to the Sberbank branch with an application and documents. The presence of the ward is not required. The bank and the client enter into an agreement in which they indicate:

• details of the person who is the beneficiary;
• information about the guardian (“Owner”). It can be a private person or a budgetary institution of a medical or educational type;
• acceptable payment transactions;
• terms of interest calculation;
• rights and obligations of the parties;
• tariffs for servicing a nominal account of a guardian in Sberbank and other features of its use.

The account is unlimited. The guardian can close it, but Sberbank must notify the beneficiary of this. Termination of the contract by the ward is possible only after obtaining legal capacity (for example, reaching the age of majority).

Which banks have the right to open nominal accounts for guardians?

A nominal account for guardians and trustees can be opened in any bank that provides a similar service. However, in one financial institution it is permissible to store an amount not exceeding the amount of compensation under the CER (1.4 million rubles). At the beginning of 2018, the following are working with guardianship accounts:

• Sberbank;
• Rosselkhozbank;
• Uralsib;
• MInBank and others.

For many citizens, Sberbank is the most familiar financial institution: previously, social payments were credited only to “savings books.” It also serves most budget organizations. All this predetermined the popularity of Sberbank among guardians, although it was not immediately and not the first to be ready to provide such a service.

Required documents

The guardian must present the following documents to the bank:

• passport;
• birth certificate or passport of the ward. A parent who enters into an agreement in favor of a minor child from 14 to 18 years of age provides both documents;
• an act on the appointment of a guardian (trustee) or a court decision declaring an adult citizen incompetent or partially capable, which includes the name of the guardian (trustee);
• a document from the Guardianship Authority or a court decision on adoption (for the adoptive parent);
• migration documents confirming the legality of stay on the territory of the Russian Federation (if the guardian of an incapacitated person or a minor child is a stateless person or a foreigner);
• TIN (if available).

After checking the documents and signing the agreement, a Sberbank employee will immediately open an account. The client receives a 20-digit number starting with the numbers 40823. It must be reported to the institutions that are involved in the payment of state benefits (to the Pension Fund of the Russian Federation, the Social Security Department, authorities, etc.).

Difficulties in using nominal accounts

Nominee accounts, in theory, are designed to make it easier for guardians to fulfill the responsibilities of looking after their wards. However, they have their disadvantages, for example:

• You cannot link a plastic card to your account. It is not reflected in Sberbank Online and the mobile application.
• You can only withdraw funds from the branch where it was opened. This means that it is impossible to receive money, for example, while traveling around Russia. In addition, debit transactions on the account cannot be carried out through terminals, ATMs or online.
• Nominee accounts are not as protected by bank secrecy as regular ones. Information on it can be obtained not only by the owner and beneficiary, but also by regulatory authorities if the guardian is suddenly late with the report.

Sberbank offers clients additional services for guardians. For example, at a bank you can issue an order for the automatic transfer of money from a nominal account to any other account or card. With the “Green Street” option, operations will become available not only in the opening branch, but also in neighboring regions of the Russian Federation.

Legislative regulation

• Civil Code of the Russian Federation, Article 37, 860.1–860.6
• Federal Law No. 48 of April 24, 2008 “On guardianship and trusteeship”, articles 19, 25, 26
• Instruction of the Central Bank of the Russian Federation N 153-I dated May 30, 2014
• Letter of the Central Bank of the Russian Federation N 04-31-2/4745 dated 06/01/2015
• Letter of the Central Bank of the Russian Federation N IN-017-45/20 dated 04/05/2016

Several years ago, state banks began offering the service of opening special accounts (deposits) - nominal. Such a system for transferring alimony and social payments helps to reliably register the availability of payments and their size. A nominal bank account is a financial instrument used to credit incoming settlement funds to the beneficiary. The activities of financial organizations in the provision of this service are regulated by the state.

What is a nominal account

Since the beginning of July 2014, a new type of deposit has been established in the Russian Federation - a separate nominal bank account, which is necessary in cases where the beneficiary receives payments from the state, individual or legal entity, but he cannot independently manage the funds due to incapacity. Funds are credited to a nominal bank account and the right to use the money is transferred to the parent, guardian or trustee. The disposal of the pension by the owner of the deposit is carried out with the consent of the beneficiary.

Before the introduction of such an instrument as a nominal specialized deposit, the procedure for transferring the right to use money to a trusted person took a lot of time to complete and confirm all the necessary powers of attorney and other documents. At the moment, the procedure for executing the agreement for the use of money by the owner has been significantly simplified: funds can be used immediately after approval by the bank without notifying the guardianship authorities or obtaining written permission from them.

Purpose

A nominal bank account opened by a guardian is intended for the calculation of social benefits, pensions, alimony and other government benefits. It is opened and registered in the name of the parent or guardian, indicating the full details of the beneficiary, providing a package of documents approved by the rules and law. Every citizen has the right to open such a deposit (including foreign currency).

The main control over the owner's use of money, expenditure of funds, payments intended for the ward, and transactions is carried out by the bank using settlement documents. At the written direction of the beneficiary or his lawyer, the deposit may be seized. The owner's obligations are:

• control of the amount of deposits, expenditure transactions stipulated by the agreement;
• maintenance of wards;
• cash accounting;
• fulfillment of tax obligations on collateral accounts.

How it works

The mechanism of work is as follows: the guardian submits a package of documents to a representative of the financial organization, a specialized account (deposit) is opened, to which funds are transferred (social payments, full or partial amounts of alimony), formally the money belongs to the beneficiary, but it is managed by a trusted person who owns the nominal bank account contribution. Since 2015, expenditure transactions and storage of funds are not controlled by guardianship. Closing a nominal deposit is possible after the complete transfer of ownership rights to the beneficiary.

Types of nominal accounts

At the moment, there are three types of deposits:

• escrow;
• collateral;
• letter of credit

Escrow

According to the current agreement, the bank opens a specialized escrow for “freezing”, accounting for money transferred from the direct owner for transfer or transfer to an individual on the basis of a tripartite agreement concluded between the bank, the depositor, and the beneficiary. The main advantage and purpose of escrow is to minimize risks as much as possible. The terms of the agreement are such that during the resolution of additional issues until the rights to them are completely transferred to the beneficiary, the money is blocked and is not available for expenses.

Escrow is used for storing money and has the following features:

• until the conditions specified in the contract are established and orders are received, the owner and recipient do not have the right to use the money (according to the Civil Code of the Russian Federation);
• there is no provision for crediting additional money to the escrow, other than the amount initially specified;
• writing off cash commissions by the bank is prohibited;
• There are no provisions for cash withdrawals, payment for services, or debiting funds for other purposes;
• The owner of a nominal deposit cannot close the escrow without the consent of the recipient.

Collateral account

The subject of the pledge is the right to funds. The standard pledge agreement states that the money received from the debtor is credited to a special deposit registered in the name of the pledgor; the ward has the right to regulate the status of the account. The pledge period begins after the documents are received and the financial institution approves the opening of the deposit.

Without the instructions and consent of the mortgagor, the parties do not have the right to make any amendments or changes. In this case, lending to several beneficiaries is allowed, with the exception of the waiver of the bank’s obligations to control the expenditure of funds. The client's orders and instructions regarding payment documents are executed by the bank in full.

Letter of Credit

When making payments using the letter of credit type, the bank with which the payer has an agreement is obliged to transfer funds to the recipient through a bill of exchange or direct electronic money transfer (according to the details). The recipient (official representative of the beneficiary) is obliged to provide the bank with a package of documents to fulfill all the conditions for opening a letter of credit. This type of deposit is a convenient alternative to payment using a safe deposit box.

For guardians

According to the laws of the Russian Federation, in order to receive social benefits for an adopted child or a minor under guardianship, trustees must open a specialized account. It is necessary to highlight the rights of the person who owns the money under an agreement concluded with his direct participation (subject to legal capacity):

• ask the bank for information that constitutes bank secrecy;
• make a decision on consent to change or terminate the agreement with the bank;
• limit spending, transfer of money by the owner.

World practice of use

For the first time, special deposits began to be introduced for use in 1992 by German banks. With the development of banking systems, the widespread use of electronic money and non-cash payments, to simplify the procedures for transferring money from the owner to the beneficiary, and, importantly, the security of such a transfer, types of nominal bank accounts began to be introduced. They allow you to optimize and reduce the cost of the procedure for organizing a tender guarantee. Previously, payments were credited to deposit accounts.

Such deposits are actively used in global banking practice by lawyers and notaries in their professional activities. To carry out any transaction with money that requires compliance with certain conditions, conducting it using escrow accounts, letters of credit or collateral deposits is a reliable way to avoid the risks of loss of funds and illegal fraud. Escrow is gradually being introduced for use by citizens for everyday settlements, for example, conducting monetary transactions between a buyer and a store.

Problems of introducing nominal accounts in Russia

The main difficulty in introducing the practice of specialized deposits is the discrepancy between some of the terms of the standard nominal account agreement and the Civil Code of the Russian Federation. Sometimes clauses of the agreement contradict articles of the Constitution. This happens because for the first time deposits of this type began to be used abroad, and the transfer of this system to the Russian system of regulating financial issues is not always correct.

Nominee account agreement

To exercise control over the deposit and expenditure of credited money, the parties (owner, bank, beneficiary) enter into a special agreement between themselves, which is drawn up in the interests of the beneficiary and regulates the expenses of the deposit, imposes certain obligations on the implementation of clauses of the Civil Code of the Russian Federation, provision of a guardian (trustee) ward.

Who is the beneficiary

The individual to whom the payment of funds is intended is called in the civil code the beneficiary or beneficial owner of the specialized deposit. Owns directly or indirectly (in the case of a minor or incapacity through an intermediary - parent, guardian) monetary benefits stored in a safe deposit box.

Procedure for spending funds

All funds received in a nominal bank account can be spent by the parent or guardian without restrictions upon request for the needs of the beneficiary without notifying the guardianship authorities and obtaining permission from them. The cash withdrawal amount is not regulated. However, in case of a one-time debit or transfer to a third-party account, the bank has the right to require a written statement indicating the reason for the transfer or withdrawal of funds.

Who controls transactions carried out on a nominal account?

The replenishment, withdrawal and closing of money is controlled by the direct owner, the beneficiary (upon reaching the age of majority), other legal representatives, proxies who have the appropriate documents confirming this right (legal representatives). Under certain conditions, the financial organization directly has the right to control expenditure transactions in the interests of the beneficiary of a special deposit, within the limits of the agreement.

Insurance compensation

Due to the fact that a specialized account can only be opened in organizations owned by the state, all money held on such a deposit is insured against loss. The maximum insured amount is set directly by the bank and specified in the contract. Changing its size is impossible after the contract has been concluded.

Which banks work with nominal accounts?

Only those banks that are entirely state-owned or at least 50% owned by the state and have a federal license have the right to work with nominal deposits. Such organizations are reliably insured against bankruptcy and have secure systems for transferring and storing electronic money. Commercial banks and credit institutions do not have the authority to service clients on small accounts. In Russia these are the following organizations:

• Sberbank;
• Rosselkhozbank;
• Alfa-Bank;
• Baltic Bank.

Sberbank

In Europe, Sberbank is considered one of the most reliable banking organizations that provides letter of credit, collateral deposit and escrow services. Thanks to the large number of branches in Russia, the regulation of money entering a nominal bank account is faster and easier than in other similar organizations.

Nominal account in Sberbank

In order to use an escrow, letter of credit or other types of specialized deposits, you must provide the necessary package of documents to any branch of the bank. Under special circumstances, it is possible to open a deposit by providing only two documents: an internal passport of the Russian Federation and a document confirming the right to manage the funds received.

Rosselkhozbank

The financial organization "Rosselkhozbank" provides the service of opening and legal servicing of all types of specialized deposits for crediting the following payments:

• alimony;
• benefits;
• compensation for harm to health;
• survivor's pensions.

Nominal account of the guardian in Sberbank

For social transfers possible from January 2015. The organization provides the opportunity to independently regulate the number of deposits, the interest rate, and the amount of payment transferred to the nominal account of the bank. With the exception of obligations provided for by law and the concluded agreement, the bank has the right to change the terms of the deposit.

How to open an account

In order for the beneficiary to receive the social payments intended for him (alimony, allowances, special scholarships), the parent, guardian or trustee must open a nominal bank account, submitting documents is available at any branch. To open it, the parent must provide a package of documents with the application. Written or correspondent permission from the guardianship and trusteeship authorities is not required.

What documents are needed

In some public and private banks, to open a nominal deposit or personal account, they provide only an identification document of the guardian, a child’s birth certificate (up to 14 years old) or a passport (from 14 to 18 years old), a certificate confirming the status, and a statement from the owner. Under certain circumstances, you must provide a migration card, residence permit or other document confirming the right to reside in the country to a stateless person.

Terms

Spending of funds, issuance of cash on a specialized deposit by a guardian or trustee is carried out without restrictions, in accordance with the law of the Civil Code of the Russian Federation, but subject to the participation of the beneficiary. The owner can also deposit his own money into a nominal bank account without restrictions, at the request of the guardian. In order to deposit a certain amount, the person in whose name the deposit is registered must go to a bank branch with an internal passport of a citizen of the Russian Federation, after which the money is transferred to the beneficiary.

Interest calculation procedure

Any account, including a nominal bank account, according to the law, is indexed after the period specified in the agreement. Interest in Sberbank is accrued, according to the terms of the standard agreement, once every 30 days on the balance of funds. The amount of monthly indexation depends on the type, size of the accrued amount, frequency of transfer or withdrawal of money. So, if funds accumulate, the interest rate may increase. A change in the additional interest accrued is proposed by the bank, but the final decision is made by the owner.

Video

Nominal account of the guardian in Sberbank - one of the most discussed topics among recipients of guardianship benefits, because most banks were not ready for changes in legislation in this area. This article will discuss in what cases a nominal account is opened and in what order the funds received into it are spent.

Guardian's nominal account: a new procedure for spending the ward's funds

On July 1, 2014, changes to the Civil Code of the Russian Federation, provided for by Law No. 302-FZ, came into force. They concern the procedure for disposing of pensions, benefits and other payments received by a person taken under guardianship (trusteeship).

Previously, there was a procedure according to which all payments due to the ward were credited to a bank account opened in his name. The guardian had the right to withdraw from the account a monthly amount not exceeding the subsistence level. To obtain a larger amount, permission from the guardianship authority was required.

Starting from the second half of 2014, the law provides that payments due to a minor or incompetent person are not transferred to his account, but to a nominal account opened in a bank in the name of the guardian (trustee). The guardian spends these funds in full on the needs of his ward without obtaining consent from the guardianship and trusteeship authority.

In practice, the application of the new law encountered certain difficulties: banks were technically not ready to open a new type of account. According to representatives of credit institutions, opening nominal accounts from the moment the new procedure came into force was impossible for two reasons:

1. there are no internal banking instructions regulating the procedure for opening and maintaining such accounts;
2. no required software.

During the second half of 2014, only a few credit institutions (for example, Rosselkhozbank) announced their readiness to open nominal accounts.

Which banks have the right to open nominal accounts for trustees?

Until recently, there was a rule according to which the money of wards can only go to those credit organizations that are at least half owned by the state. Therefore, one of the most popular institutions for crediting pensions, alimony and benefits for persons taken under guardianship is now Sberbank.

Since January 1, 2015, this rule has been canceled. Now, when crediting a ward’s funds to a bank, the following condition must be met: the total amount of funds in one bank should not exceed the amount of insurance compensation for compulsory deposit insurance (from December 29, 2014, this amount has been increased from 700 thousand to 1.4 million rubles). This rule also applies to the amount of funds for guardian's nominee account.

Don't know your rights?

In other words, since 2015, not only banks with state participation of at least 50%, but also other credit institutions can open nominal accounts for depositing guardianship payments.

Rules for using a nominal account

A nominal account is opened in the name of a guardian (trustee) for crediting payments due to minors and incompetent persons, with the exception of:

• salaries and stipends for teenagers from 14 to 18 years old;
• other funds that the wards have the right to dispose of independently.

To open an account, the guardian (account owner) must present a certificate and the decision of the guardianship authority to appoint him as a guardian. The agreement is drawn up in writing, and the account owner must provide the bank with the following information about the person in whose interests the account is opened:

• surname, first name, patronymic;
• date, place of birth;
• registration address at the place of residence.

He must also provide a copy of the ward's birth certificate or his passport.

Funds from the nominal account are spent by the guardian in any amount without obtaining permission from the guardianship authority. But an annual report must be drawn up on the use of such amounts.

Funds from the account cannot be collected for the account owner's debts (except for commissions for banking transactions). Collection of money from a nominal account for the obligations of a ward is possible only by a court decision or in cases provided for by law.

The introduction of nominee accounts should make it easier for guardians to fulfill their responsibilities. Previously, such a formality as obtaining permission from the guardianship authority to withdraw an amount exceeding the subsistence level created a lot of inconvenience, since permission was required to be issued monthly.

Nominal account of the parent: a new procedure for spending funds of the sponsored person

On July 1, 2014, changes to the Civil Code of the Russian Federation, provided for by legislation No. 302-FZ, came into force. They concern the management of pensions, benefits and other payments received by a person taken under guardianship (trusteeship).

Download the report form

In the second half of 2014, only a few credit institutions (for example, Rosselkhozbank) reported their readiness to open nominal accounts.

Download the statement

Guardian's nominal account: a new procedure for spending the ward's foreign currency funds

As of January 1, 2015, this rule was postponed. Now, when crediting the sponsored funds to a bank, the following condition must be met: the total amount of funds in one bank must not exceed the amount of insurance compensation for mandatory deposit insurance (from December 29, 2014, this amount has been increased from 700 thousand to 1.4 million rubles) . This rule also applies to the amount of funds for parent's nominal account.

He must also provide a copy of the ward’s birth certificate or his passport.

In other words, since 2015, not only banks with a government role of at least 50%, but also other credit institutions have every chance to open nominal accounts for depositing guardianship payments.

To open an account, the parent (account owner) must present a certificate and a conclusion from the guardianship authority on his appointment as a parent. The agreement is drawn up in writing, in which case the account owner must provide the bank with the appropriate information about the person in whose interests the account is opened:

Download the contract form

Currency funds from the nominal account are spent by the parent in any amount without obtaining permission from the guardianship authority. Although an annual report must be drawn up on the use of such amounts.

• date, place of birth;
• other means that the wards have the right to use independently.

Until recently, there was a rule according to which the money of wards can only go to those credit organizations that are at least half owned by the state. Therefore, one of the most popular institutions for crediting pensions, alimony and benefits of persons taken under guardianship is now Sberbank.

The introduction of nominee accounts should make it easier for trustees to fulfill their obligations. Previously, such a formality as obtaining permission from the guardianship authority to withdraw an amount exceeding the subsistence level created a lot of inconvenience, since permission was required to be issued monthly.

In practice, the use of the new law encountered certain difficulties: banks were technically not ready to open a new set of accounts. According to representatives of credit institutions, the invention of nominal accounts from the moment the new procedure came into force was impossible for 2 reasons:

It will be easier to obtain guardianship over an incompetent relative. The list of grounds for deprivation of parental rights has been expanded. Guardianship benefits are subject to personal income tax.

Parent's nominal account in Sberbank- one of the most discussed topics among recipients of guardianship benefits, since most banks were not ready for changes in legislation in this area. The cases in which a nominal account is disclosed and in what order the funds received into it are used will undoubtedly be discussed in this article.

Previously, there was a procedure according to which all payments due to the sponsored person were credited to a bank account in his name. The guardian had the right to withdraw from the account every month an amount not exceeding the subsistence level. To obtain a larger amount, permission from the guardianship authority was required.

• there is no necessary software.

Funds from the account have no chance of being collected for the debts of the account owner (with the exception of commissions for banking transactions). Collection of funds from a nominal account for the obligations of the sponsored person is possible only by a court decision or in cases provided for by law.

Rules for using a nominal account

Which banks have the right to disclose nominee accounts to trustees?

A nominal account is opened in the name of a guardian (trustee) for crediting payments due to minors and incapacitated persons, with the exception of:

Starting from the 2nd half of 2014, the law takes into account that payments due to a minor or incapacitated person do not go to his account, but to a nominal account opened in the bank in the name of the guardian (trustee). The guardian spends these funds in full on the poverty of his ward without obtaining consent from the guardianship and trusteeship authority.

• there are no internal banking instructions regulating the procedure for opening and maintaining these accounts;

In the summer of 2014, amendments were made to the Civil Code, according to which it became possible to open nominee account of the guardian in Sberbank. This initiative still causes heated debate, as in theory it seriously increases the powers of trustees. In practice, it is still problematic to check the usefulness of the adjustments made: the banks turned out to be technically unprepared for such a “plot twist.”

What is the essence of the changes?

Previously, the following procedure was in effect: money due to the ward was transferred to an account opened in the name of the ward himself. A citizen engaged in guardianship had the right to withdraw money from this account within the limits of the subsistence level. If he needed more money, he turned to the trusteeship authorities for permission.

After amendments, the legislation allows you to open a nominee account for a guardian. This term refers to a banking product opened in the name of the trustee and intended for the transfer of social benefits. According to the Civil Code, the guardian has the right to withdraw money from a nominal account in Sberbank in unlimited quantities - he is no longer bound by the subsistence minimum and should not be “beaten” by the guardianship authorities.

In theory, amendments to the Civil Code should have led to the popularization of guardianship, however, practice was faced with harsh realities. Banks turned out to be unable to provide the service - although the law requires financial institutions to work with nominal accounts, clients applying for this service are faced with refusals. It is currently impossible to open a guardian's deposit in Russia.

How to open?

According to the law, the procedure for opening a nominal account for a guardian for a minor should look quite simple. A citizen needs to bring the following documents to the bank:

• Your passport.
• The child's birth certificate or passport (if the child is already 14 years old).
• A certificate issued by the guardianship authorities and confirming the status of a guardian.

After checking the documents, the guardian must sign an agreement to open a nominal account. The contract should include the following information about the ward:

• Last name and initials.
• Date and place of birth.
• Permanent residence address.

After signing the agreement, a nominal account is opened - from it the owner has the right to take as much “state” money as he needs. At the same time, no one exempts him from the need to submit a report on the expenditure of preferential funds - the guardian’s report must be submitted annually before February 1.

Please note: the ward’s money cannot be used to pay off the guardian’s debts - only bank commissions can be paid from it.

Where to open?

Until the beginning of 2015, there was a valid rule: money for the needs of wards is transferred only to those banks that are at least 50% owned by the state. Naturally, almost always the deposits of the wards ended up in Sberbank - beneficiaries (like many citizens of the country) completely unreasonably believed that Sberbank, in terms of reliability, would “give a head start” to all other participants in the financial system. This is a misconception: in Russia there is a Unified Deposit Insurance System - even if a bank loses its license, its depositors will not lose money, since the state will pay it. Relatively recently, the insurance limit was increased: previously the state was obliged to return up to 700 thousand rubles to investors, now – up to 1.4 million rubles.

Since the beginning of 2015, the 50% rule was abolished, but the restriction remained - more than 1.4 million rubles belonging to the ward should not be stored in one bank (that is, more than the amount that the state can insure). The paradox of the situation with nominal accounts is the following: although guardians are no longer limited in their choice of bank by security considerations, they still have no one to choose.

Since 2014, only one Rosselkhozbank has announced that it is ready to work with nominal accounts of guardians. The rest pretend that they do not know what a nominal guardian account is, when it is opened and how. Sberbank, in particular, justifies the impossibility of opening such a deposit by the lack of regulatory instructions and suitable software. There are two main problems: firstly, such a deposit must be opened for two “owners” at once; secondly, there is a need for the integration of a notification system that would remind depositors that the amount on the deposit approaches the permissible limit (1.4 million rubles) - for now Banks cannot solve these problems.

As an alternative, Sberbank offers to open a “Social” deposit, specifically designed for orphans to save money. The conditions of “Social” are as follows: placement period – 3 years, rate – 5.67% per annum (with capitalization), initial amount – from 1 ruble, interest accrual quarterly. Another important condition is the possibility of partial withdrawal; It is this condition that allows us to present “Social” as a possible replacement for the nominal account.

Obviously, the amendments to the Civil Code are designed to increase the popularity of the role of a guardian - not only is guardianship free of charge, but it also forces a citizen to spend time on regular visits to guardianship authorities and tracking small expenses of “public” money. In such conditions, any guardian will think: does he need this activity? Simplification of reporting and nominal bank accounts are two measures designed to ease the “burden” of the guardian; however, banks are not yet in a hurry to “contribute” to the popularization of guardianship. Refusal for a guardian to open a deposit for a ward for a formal reason is the norm for today’s banking system.