Opening a deposit in favor of a third party. Can I open a deposit in favor of a third party? The right of the person who opened the deposit to dispose of funds

Based on the norms of the Civil Code (Article 842), funds can be deposited in a bank in the name of a certain third party.

In accordance with Art. 842 of the Code, the person in whose name the deposit has been made acquires the rights of the depositor from the moment the first claim is made to the bank based on these rights, or the person expresses to the bank in another way the intention to exercise such rights. The Code allows that in a contract bank deposit another moment of entry into the rights of the depositor of the person in whose name the deposit has been made may be provided. For example, a bank deposit agreement may contain a special condition that the person in whose favor the deposit is made acquires the rights of the depositor at the same time as the deposit is made in his name. In this case, the person who has made a deposit in the name of another person does not retain any rights on the deposit.

At the same time, it should be taken into account that if a deposit in the name of a third party is made by a legal entity and the bank deposit agreement does not provide for any restrictive conditions for its return (clause 2 of article 837 of the Civil Code), including a ban on the return of the deposit at the request of the person who made it , then such a person has the right to withdraw the contribution made by him in compliance with the requirements of paragraph 2 of Art. 842 GK. To exercise this right, the person who made the deposit must send a written notice to the bank about the withdrawal of the deposit. When returning the withdrawn funds, the bank must be able to identify the person who entered into the agreement in order to exclude the situation when the withdrawal of the deposit will be made by a person unknown to the bank. Therefore, accepting anonymous deposits in the name of a third party can create serious identification problems for the contributor.

If a deposit made in the name of a third party is claimed by a person who believes that the transfer of funds to the deposit was carried out on his behalf, although, according to the bank, another person is listed as the depositor, such a right of claim must be recognized in court. Otherwise, the bank has the right to return the deposit only to the person who is named in the bank deposit agreement as the person who made the deposit, or to the depositor himself.

As already mentioned, unless otherwise provided by the bank deposit agreement, the person in whose name the deposit was made acquires the rights of a depositor only from the moment he submits the first claim to the bank based on the rights of the depositor. In this regard, the question arises: what kind of rights are we talking about and, accordingly, what requirements should a person present in order to be recognized as a depositor?

In accordance with Art. 834, 837, 838, 843, 844, 845, 847 of the Civil Code, the investor has the right to demand: - issuance of the deposit;

Transfers of those in the deposit Money to other persons;

Write-offs of funds from the depositor's account at the request of third parties;

Calculation and payment of interest on the deposit; - issuance of a savings book (unless otherwise provided by agreement of the parties) or a savings certificate.

Consequently, the person in whose name the deposit is made acquires the rights of the depositor on the deposit when applying to the bank with any of the above requirements.

However, according to the rules of art. 185 of the Civil Code, any person (including those entitled to receive a deposit) has the right to authorize another person - a representative to perform certain actions on his behalf. To exercise these powers, the representative must be issued an appropriate power of attorney. Therefore, the fact of issuing a power of attorney to receive a deposit (and interest on it) in the manner prescribed by paragraph 4 of Art. 185 of the Civil Code, subject to the presentation of such a power of attorney to the bank, can also be regarded as an expression of intention to exercise the rights of the depositor on the deposit in favor of a third party.

Question: We purchase an apartment, the seller from the transfer of funds through safe deposit box refused, but asked to arrange the transfer of funds through a deposit in Sberbank. How risky is it for us to make such a deposit? And how can the deposit be returned if the transaction fails? Maybe it's better to issue a bearer deposit?

Answer: Banks today practically do not issue a deposit to the bearer, but you can issue a deposit to a third party. For your purpose, the best option is to make a demand deposit.

Making a deposit to the bank in the name of a third party is carried out without the personal presence of the person in whose favor the deposit is made, as well as without submitting to the bank the relevant document (power of attorney, contract of agency) confirming the authority of the person making the deposit to perform the specified actions.

The following documents are submitted to the bank:

• A document proving the identity of the person who will make the deposit (this is the depositor).


• A copy of the passport or details of the person in whose name the deposit is opened (last name, first name, patronymic; date of birth; registration address; citizenship; type of identity document - No., series, date of issue) - this is the depositor.

The transfer of the deposit agreement and passbook (if any) is carried out only at the time of signing the contract for the sale of real estate.

The contribution in favor of a third party in the Civil Code of the Russian Federation is set out in articles 841 - 842, with a description of the entire procedure for its execution:

Article 841

Unless otherwise provided by the bank deposit agreement, funds received by the bank in the name of the depositor from third parties are credited to the deposit account, indicating the necessary data on his deposit account. At the same time, it is assumed that the depositor has agreed to receive funds from such persons by providing them with the necessary data on the deposit account.

Article 842. Contributions in favor of third parties

1. A deposit can be made to a bank in the name of a certain third party. Unless otherwise provided by the bank deposit agreement, such a person acquires the rights of a depositor from the moment he submits the first claim to the bank based on these rights, or expresses his intention to use such rights to the bank in another way.

   Indication of the name of a citizen (Article 19) or title legal entity(Article 54), in whose favor the deposit is made, is an essential condition of the respective bank deposit agreement.

   A bank deposit agreement in favor of a citizen who has died by the time the agreement is concluded, or a legal entity that does not exist at that time, is void.



2. Until a third party expresses its intention to exercise the rights of a depositor, a person who has entered into a bank deposit agreement may exercise the rights of a depositor in relation to the funds deposited by him to the deposit account.


3. The rules on an agreement in favor of a third party (Article 430) apply to a bank deposit agreement in favor of a third party, unless this contradicts the rules of this article and the essence of the bank deposit.

• the bank where the deposit was made;


• Account number and type of deposit.

Among the interesting conditions of deposit agreements that expand the range of their application, there is often the opportunity to open a deposit in favor of a third party. This banking product is often used by depositors as a gift or even as payment for some private transactions of a non-commercial nature.

Why do you need

The service becomes especially popular in pre-holiday days when you want to please your loved ones not only with an unusual, but also a profitable gift. Business men in these cases often make a choice in favor of bank deposit for their wives. Such an offering looks more solid than cash in an envelope. If a spouse wants to emphasize how he especially appreciates his other half, then he gives not plastic card, namely the contribution that multiplies income. However, it is possible not only to make a contribution to a relative, but also to any other person. It is also quite common to make a deposit in favor of a child, when parents want to take care of the future of their children and present reliable capital to their adulthood. It happens that moms and dads decide to accumulate serious funds for the education of tomorrow's students. And the children themselves, having become adults and having reached the age when the care of their parents is already on their shoulders, open an agreement in favor of elderly relatives.

Very often, in order to guarantee the return of the insured amounts, depositors draw up deposit agreements in favor of relatives, breaking their savings into amounts less than 700 thousand rubles. Thus, it turns out several smaller deposits for different people. Moreover, each of the amounts is insured in the DIA.

Another typical example is the use of such a contribution as a payment for the purchase of real estate.

Such a transaction allows, firstly, to avoid the transfer of cash, and secondly, to save on commission for non-cash bank transfer(which will be large enough when sending several million rubles). And the recipient of funds will be relieved of the need to pay commissions for cash withdrawals. After all, most banks do not set such tariffs for debit transactions specifically for deposits, but not for current accounts. Moreover, the person who received a large sum, perhaps, will not immediately spend it, but will most likely open a demand or urgent deposit on its own behalf, at least for a short time.

Although in the case of payment under a real estate agreement, we note that banks offer another scheme for such operations, providing for the transfer of money through a bank safe deposit box. Cash is deposited in the safe by the buyer in the presence of the seller, and the latter can withdraw the funds only by providing the bank with a registered contract of sale. However, the procedure is not possible if at the first moment the parties under the contract are in different cities. But a contribution in favor of a third party would be a good alternative in this case. Especially if the bank in which the deposit is opened has a branch in the city where the beneficiary is located. However, we advise you to use this money transfer scheme with caution for several reasons.

To begin with, you need to remember that not all banks in their branch system use a single information base when the owner of an account opened in one city can use it while in another. In this sense, for example, the experience of Promsvyazbank is interesting, which has a fairly developed not only Russian branch network, but also a system for exchanging data on accounts in different branches of the bank. And even in Cyprus there are offices of this institution, where Russian citizens can perform any action with their accounts opened somewhere in Irkutsk. But Sberbank deposits can only be used in the branch where it is open.

Peculiarities

The second reason for the very prudent use of deposits in favor of third parties in payment schemes is their main feature and difference from ordinary deposits. It should be borne in mind that until the moment the beneficiary (i.e., the same third party under the agreement) applied to the bank and did not perform any actions with the account, the beneficiary (i.e., the initial depositor) has all the rights to dispose means. That is, according to Article 430 of the Civil Code, the change of rights and obligations of persons under the contract does not occur immediately at the time of signing the agreement. And even if the client's copy of the agreement fell into the hands of the beneficiary, or he simply became aware of the existence of a contribution in his favor, the person must remember that the beneficiary can, up to a certain point, withdraw funds from the account ahead of time or withdraw part of them. The rights to the money from the initial depositor end only when the person in whose favor the deposit is opened has not performed any actions in relation to these funds. Such legislative norms are provided for in Article 842 of the Civil Code, which spells out the features of a contribution in favor of a third party.

The actions after which the rights under the contract are replaced are called the first requirement. There are several of them. For example, if the conditions of the deposit stipulate additional contributions, then credit operations at any time can be performed by both the beneficiary and the beneficiary, and even outsiders. Note that the current legislation allows replenishing the account of any other individual without presenting a power of attorney, as it was before. All you need to know is your bank account number. But at the moment when a beneficiary (a third party) appears in the bank, he already becomes the sole owner and manager of the account. From that moment on, only he can make any expenditure transactions, withdraw part of the funds or all in full, depending on the conditions stipulated in the contract.

In addition to income and expenditure transactions, other intentions (first requirements) to exercise the rights of the depositor, we will also name such as the execution of a testamentary disposition or a power of attorney to manage the deposit. These actions, regarding the funds in the account, can also be performed at the bank. Using one of these services, the third party becomes the sole owner of the deposit, and the first depositor from that moment loses his rights to manage money in the future.

However, it can be drawn up in such a way that the presence in it of the phrase “the bank is not entitled to carry out operations on the account without the order of the beneficiary” somewhat changes the position of the beneficiary. In this case, the first investor loses all rights to the money immediately, already at the moment he signs the agreement. However, such conditions are rarely found in deposit agreements, and details can only be found at the bank's office, or by reading a specific document.

It is possible that at the time of the expiration of the contract, none of the parties declared their rights to the money. For owners of funds, then the conditions for automatic prolongation are favorable. In the case of children's deposits, it is convenient for parents if repeated auto-prolongation is provided on the same terms.

In the contract in favor of a third party, in addition to another person, you can also indicate a legal entity. When transferring funds from a private person to anyone else, it must be remembered that transactions from the accounts of individuals should not be of a commercial nature. That is, with the help of deposits it is impossible to pay for a product or service. The sale or purchase of personal property, such as an apartment, is not considered a commercial transaction. Even if the deposit is made in favor of the real estate company, it is considered that the legal entity here acts on the basis of a power of attorney on behalf of the seller, who operates personal real estate, and not commercial goods.

Another exceptional quality can be called the peculiarities of the currency legislation in relation to the contribution in favor of third parties. For example, if the beneficiary is a non-resident (a citizen of another country), then cash can only be deposited into his account by proving his relationship with him, for example, using a marriage stamp in a passport or birth certificate.

Otherwise, the described deposits are no different from ordinary deposits. The conditions may provide for a different procedure for calculating interest (capitalization, monthly payment or at the end of the term), long and short time(from a month to several years). It is even possible to have special condition on the expiration of the term at the time the child reaches the age of majority. Deposits are insured in the same way by the state in an insurance agency. When a bank goes bankrupt, the beneficiary, on a general basis, claims his rights to the money through the DIA, and in two weeks can pick it up, presenting only his passport.

It is interesting for depositors to know that, according to the legislation, a deposit in favor of another person can be opened in any currency. But in our banks, ruble-denominated products are most often found. A little less often in dollars and euros. And, for example, UniCredit Bank's deposit "For the benefit of the child" additionally works in Swiss francs, British pounds sterling and Japanese yen.

Making and receiving a deposit

To make a deposit in favor of a third party, in addition to your own passport, you need to provide information about the person in whose favor it is being opened. Note that only the full name of the beneficiary is usually entered into the contract. But, since the bank must identify all parties under the agreement and make sure that the beneficiary is not suspected of being involved in the so-called list of extremists (the Law on Combating Terrorism and Money Laundering), the requirement to provide a photocopy of the third party's passport is understandable. And although the Civil Code limits information only to information regarding the full name, nevertheless, in order to avoid misunderstandings with the namesakes of the beneficiary, the bank reserves the right to ask the depositor for a photocopy of the main spread of the passport and the registration page. In addition, for the correct operation of the banking program, it is necessary to fix the passport data and the address of the place of residence of all persons without errors. To make a deposit in favor of a child, you need a birth certificate or a copy of it.

To use the deposit (withdraw part, or withdraw all the money, or re-register for new contribution) the beneficiary (i.e. a third party) presents only a passport. And although some banks ask to see an agreement or a passbook, the request is not mandatory, because, according to the Civil Code, the right to a deposit exists unconditionally and the bank does not have the right to refuse a person in it. Baby up certain age can use a bank deposit only with the permission of parents or other guardians.

We also note that not all financial institutions and not all deposits provide for the possibility of concluding an agreement in favor of another person. Here, the banks have the exclusive right to offer or not such conditions.

Almost any deposit can be opened to a third party - this is what the Civil Code of the Russian Federation tells us.

Most Russian banks have such a service, but out of ignorance, very few citizens use it.

Interpretation of the law

Clause 5 of Article 7 No. 115-FZ states that opening a deposit in favor of a third party is possible only if the person who opens it is present in the process.

some difficulties arise here due to the fact that many banks interpret this statement in different ways.

A common misconception is that when signing documents, the person in whose favor the deposit is opened must be in the bank, i.e. its recipient.

Actually in law we are talking only about a citizen who decided to open a deposit. For example, a certain citizen wants to open a deposit in favor of his son, so the presence of this citizen is mandatory, and the son is not required to be in the bank.

This proves once again Art. 842 of the Civil Code of the Russian Federation, which states that in the process of concluding an agreement, the presence in the bank of a third party (in whose favor a deposit is made) or his representative is an optional requirement.

Who is eligible for this investment?

It can be useful in a number of cases:

1. The investor wants to leave the family the opportunity to receive funds at any time, even if he is abroad;
2. As a safety net in case the depositor's documents are invalid or lost;
3. Serve as a kind of "piggy bank" for children. This money will allow them to pay for their studies or the purchase of housing, etc. in the future.

Often people make a deposit to a third party (their close friend or relative) to protect their savings from a possible bank failure.

So only deposits up to 1.4 million rubles inclusive are considered insured, and if a person has more money that he wants to place on a deposit, it is quite logical to make several deposits in different banks. And not necessarily in your own name.

A third party (recorded by the beneficiary) can cash out funds from such an account without a power of attorney.

You need to understand that the contributor and the actual recipient of funds are different people.

This is the main essence of a bank deposit in favor of third parties. Otherwise, the procedure for opening a deposit is almost no different from opening a regular deposit in your own name.

Features of the design process

Some institutions offer to choose any deposit from the available deposit line and arrange it at the expense of a third party, others limit the choice and provide only 1-2 available programs.

In some banks, it is enough to name the recipient's data and they will be recorded from the words of the person opening the deposit, while in others it may be necessary to collect additional documents.

For example, a copy of the passport, and for minor children, you will need to bring a copy of their birth certificate, etc. On the one hand, this is unnecessary trouble, but on the other hand, it will protect finances from encroachments by third parties.

Passport data will allow you to uniquely identify the recipient of the deposit and this eliminates the possibility of error.

Otherwise, the algorithm of actions on how to make a deposit in favor of a third party does not differ from opening a regular deposit:

1. The depositor needs to visit the branch of the selected bank, taking money and a passport with him. Just in case, you need to have a copy of the passport of the person in whose name the deposit is being opened. For minors, a copy of the birth certificate will do.
2. The bank employee offers to fill out an agreement, then the parties sign it. According to the rules, it is indicated that the depositor is the person who concluded the contract and deposited money.
3. Separately, a third party is prescribed - the person in respect of whom this deposit is made. His full name and other passport data are indicated, thanks to which it will be possible to identify him.
4. Money is deposited into the cashier, the client receives a copy of the contract. The second copy remains in the bank branch.

This is the generally accepted procedure for opening a deposit in favor of a third party. Further, the depositor can replenish the deposit at any convenient moment, or another person can do it for him. As long as the person in whose name the deposit is made has not applied to the bank and taken the funds, the depositor himself has all the same rights to him as a third party.

What else does an investor need to know?

Is it possible to open a deposit in foreign currency Or is it done only in rubles? This will depend on the policy of the bank, so everything needs to be clarified with a bank employee. Unicreditbank offers to open a deposit in favor of a child not only in rubles, but also in pounds sterling and even in yen.

Many financial institutions do not allow the recipient to pick up his deposit in another branch, and not where the contract was concluded. This aspect also needs to be clarified before signing all the documents.

This policy is pursued by Sberbank - here the money is issued in the same branch where the deposit was opened. But Promsvyazbank does not limit its customers, allowing them to withdraw funds from their account at any office.

The term of the deposit can be different: from a couple of months to several decades. So, for example, the contract can indicate that the recipient of the money will be the child of the person who opened the deposit as soon as he reaches the age of majority.

The recipient has an unconditional right to receive the deposit, guaranteed to him by law. Therefore, the bank does not have the right to require other documents from him in addition to his passport and the original of the contract in order to provide him with access to money.

It is not necessary to conclude a deposit agreement in favor of a third party, according to which the person who opened the deposit loses the right to perform any operations with the deposit immediately after signing the agreement.

Often such transactions are concluded when buying and selling an apartment, when a third party generally acts as a stranger.

For security reasons, it is not possible to immediately inform the seller of the account number and transfer the deposit agreement. First, a sale and purchase agreement is signed.

If the bank does not agree to open a deposit for another person without his presence, you can always get a power of attorney from this third party and certify it with a notary. Based on this document, a bank employee is not entitled to refuse to open an account for a third party.

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Basic norms of the Civil Code Russian Federation(Civil Code of the Russian Federation) on deposits in favor of third parties are given in Article 842:

“Article 842. Contributions in favor of third parties

1. A deposit may be made to a bank in the name of a certain third party. Unless otherwise provided by the bank deposit agreement, such a person acquires the rights of a depositor from the moment he submits the first claim to the bank based on these rights, or expresses his intention to use such rights to the bank in another way.

The indication of the name of the citizen (Article 19) or the name of the legal entity (Article 54), in whose favor the deposit is made, is an essential condition of the relevant bank deposit agreement.

A bank deposit agreement in favor of a citizen who has died by the time the agreement is concluded, or a legal entity that does not exist at that time, is void.

2. Before a third party expresses its intention to exercise the rights of a depositor, a person who has concluded a bank deposit agreement may exercise the rights of a depositor in relation to the funds deposited by him to the deposit account.

3. The rules on an agreement in favor of a third party (Article 430) shall apply to a bank deposit agreement in favor of a third party, unless this contradicts the rules of this article and the essence of the bank deposit.”

Since the above article contains a reference to the rules on a contract in favor of a third party, it would be appropriate to cite Article 430 of the Civil Code of the Russian Federation here:

“Article 430. Agreement in favor of a third party

1. A contract in favor of a third party is a contract in which the parties have established that the debtor is obliged to perform performance not to the creditor, but to a third party specified or not specified in the contract, who has the right to demand from the debtor the performance of the obligation in his favor.

2. Unless otherwise provided by law, other legal acts or an agreement, from the moment a third party expresses its intention to the debtor to exercise its right under the agreement, the parties cannot terminate or change the agreement they have concluded without the consent of the third party.

3. The debtor in the contract has the right to put forward objections against the claim of a third person, which he could put forward against the obligee.

4. In the event that a third party has waived the right granted to him under the contract, the creditor may exercise this right, unless this contradicts the law, other legal acts and the contract.”

Although the rules on a contract in favor of a third party apply to a bank deposit agreement in favor of a third party, if this does not contradict the rules of Article 842 of the Civil Code of the Russian Federation and the essence of a bank deposit, let us first of all pay attention to the differences between these agreements.

Firstly, a bank deposit agreement in favor of a third party does not allow execution to a third party not specified in the agreement. The third party must be defined in the bank deposit agreement - this is an essential condition of this type of agreement.

Secondly, compare and feel the difference between clause 2 of article 842 of the Civil Code of the Russian Federation and clause 4 of article 430 of the Civil Code of the Russian Federation. Clause 4 of Article 430 of the Civil Code of the Russian Federation refers to the refusal of a third party from the right granted to him under the contract - only in this case the creditor can exercise this right, unless otherwise agreed. At the same time, according to paragraph 2. Article 842 of the Civil Code of the Russian Federation, a person who has entered into a bank deposit agreement may exercise the rights of the depositor in relation to the funds deposited by him to the account on the deposit, at any time before the third person expresses his intention to exercise the rights of the depositor. That is, it doesn’t matter whether a third party waives the rights of a depositor or nevertheless enters into the rights of a depositor in the future, until it (the third party) enters into the rights of a depositor, such rights can be used by a person who has concluded a bank deposit agreement, in relation to the funds deposited by him into the deposit account. It is this feature of the bank deposit agreement in favor of a third party that gives rise to the problems that we intend to consider.

To simplify the presentation, we introduce the following abbreviations: we will call the third party in whose favor the bank deposit agreement is concluded “person T” or simply “T”, and the person who has entered into the bank deposit agreement will be called “person A” or simply “A”.

In addition, we also make some assumptions.

First, we will only talk about ruble deposits. Secondly, persons T and A will be considered unmarried residents. It may be objected to the author that these assumptions are already very restrictive. In fact, they are not of decisive importance; one could simply keep silent about them. But they are nevertheless made so that the reader can clearly imagine that we are distancing ourselves from the legislation on currency regulation and currency control as well as family law. Thirdly, we will analyze the issues under consideration mainly from the point of view of dispositive norms, that is, the norms of the Civil Code of the Russian Federation, which are applied if the agreement of the parties does not provide for other terms of the contract.

The meaning of making a bank deposit in favor of a third party

Very often, a contribution in favor of a third party is opened by parents (grandparents) for children (grandchildren). The main questions that arise in this case are related to the capacity of the child.

The first question - can a deposit be opened in the name of a child, regardless of his age? This question should be answered in the affirmative. An essential condition of a bank deposit agreement in favor of a third party is an indication of the name of the citizen in whose favor the deposit is made, and not his age. The only thing that can discredit this deal is making a contribution in favor of a citizen who has died by the time the contract is concluded. Article 37 of the Law "On Banks and banking» also does not impose any restrictions on the age of the depositor.

The second question - can a child always acquire the rights of a depositor by presenting the first claim based on these rights, or otherwise express to the bank the intention to exercise such rights?

As for a child under six years of age, only parents, adoptive parents or guardians can claim the rights of a depositor for him, i.e. legal representatives. The child will be able to claim such rights on his own when he reaches the appropriate age.

For a child who has reached the age of six, such a right can be recognized, but only if the funds are deposited by a legal representative or with his consent by a third party (clause 3, clause 2, article 28 of the Civil Code of the Russian Federation):

"2. Juveniles aged six to fourteen years have the right to independently commit:

1) small household transactions;

2) transactions aimed at gratuitous receipt of benefits that do not require notarization or state registration;

3) transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

In this case, it must be taken into account whether the funds were deposited for free disposal or for a specific purpose. In this situation, you should pay attention to one nuance. It consists in the moment at which the bank should be interested in who made the deposit - a legal representative or a third party with his consent, whether such consent was obtained, whether the child was given the right to freely dispose of the funds in the deposit or they were made for some specific goals? The fact is that, formally following the letter of Article 842 of the Civil Code of the Russian Federation, which, in particular, refers to Art. 19 of the Civil Code of the Russian Federation, in order to open a bank deposit in favor of a third individual, only the name of the citizen is required, but not his age. Therefore, the fact of infancy can be clarified only when a minor child comes to enter into the rights of an investor. Then all these questions will come up. However, it would be better if the bank finds out the age of the third person and asks the necessary questions when concluding a bank deposit agreement in his favor.

The situation is somewhat more complicated if the child has reached the age of 14 years. He has greater independence compared to minors under the age of 14 (clause 2, article 26 of the Civil Code of the Russian Federation):

"2. Minors between the ages of fourteen and eighteen have the right to independently, without the consent of their parents, adoptive parents and guardian:

1) dispose of their earnings, scholarships and other incomes;

3) in accordance with the law to make contributions to credit institutions and manage them;

4) make petty everyday transactions and other transactions provided for by paragraph 2 of Article 28 of this Code.

Upon reaching the age of sixteen, minors are also entitled to be members of cooperatives in accordance with the laws on cooperatives.

According to the above fragment of Art. 26 of the Civil Code of the Russian Federation, a minor between the ages of 14 and 18 may, in accordance with the law, make deposits in credit institutions and dispose of them, but, if the text of paragraphs. 3 literally, it cannot be applied to bank deposits in favor of a third party. We find such an interpretation, in particular, in the Commentary on Civil Code Russian Federation, part one (Ed. O.N. Sadikov. - M.: 1996, p. 52):

"4. Minors have the right to make deposits in credit institutions and dispose of them. Contributions made in their name by other persons may be disposed of by a minor only with the consent of his legal representatives.

However, this raises the question, how can a minor, without the consent of legal representatives, freely dispose of his earnings, scholarships and other income if they were contributed by a third party, for example, an employer or an educational institution? The author of the comment does not answer this question. It turns out that the right of a minor aged 14 to 18 to independently manage his earnings, scholarships and other income depends on the form of payment of earnings, scholarships or other income - you can get it in cash through the cash desk, but through a deposit, if it is opened by a third party, only with consent of a legal representative. One can understand why the administration educational institutions are often reinsured and force students to open accounts for demand deposits on their own, to which the scholarship will be credited. Naturally, the banks are also likely to prefer the "reinsurance" option.

Contributions in favor of a third party may be made not only in the name of children. Such deposits can also be opened in favor of adult citizens. For example, an account (deposit) may be opened in favor of a third party, intended for carrying out operations related to the payment wages, alimony, social benefits, dividends. Sometimes such deposits are opened for citizens to return overpaid amounts to the budget. The listed options for opening deposits in favor of a third party are not of particular interest to us. We will consider another use of the contribution in favor of a third party.

Compared to the option of using a power of attorney for the right to dispose of a deposit, a deposit in favor of a third party has certain features. They determine the considered scheme of its application. Firstly, the person in whose name the deposit is opened does not need to visit the bank and draw up a power of attorney. Secondly, and in relation to citizens - this is the main thing, the power of attorney has the disadvantage that it is terminated due to the death of the citizen who issued the power of attorney to recognize him as incapacitated, partially capable or missing (Article 188 of the Civil Code of the Russian Federation). That is, in the event of the death of the owner of the deposit who issued the power of attorney, the person to whom the power of attorney was issued, even if this person is the heir, theoretically loses the right to receive the deposit immediately.

The only exception is provided by paragraph 3 of Art. 1174 of the Civil Code of the Russian Federation. The specified paragraph establishes that for the expenses for a decent funeral of the testator (in our case, this is the owner of the deposit), any funds belonging to him, including those in deposits or bank accounts, can be used. The heir to whom the funds deposited or held on any other accounts of the testator in banks, including in the case when they were bequeathed by testamentary disposition in a bank, are bequeathed, have the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses. The amount of funds issued by the bank for the funeral of the heir or the person specified in the notary's decision cannot exceed two hundred minimum dimensions wages, statutory on the day of applying for these funds (at the time of writing the article - 20,000 rubles).

The remaining funds, even if a testamentary disposition has been made in relation to them in a bank, are part of the inheritance and are inherited on a general basis in accordance with the rules of the Civil Code of the Russian Federation. These funds are issued to the heirs on the basis of the certificate of the right to inheritance and in accordance with it, i.e., as a rule, after six months from the date of opening of the inheritance. A certificate of the right to an inheritance may be issued before the expiration of six months from the date of opening of the inheritance, if there is reliable evidence that, apart from the persons who applied for the issuance of the certificate, there are no other heirs who have the right to the inheritance or its corresponding part.

There is a possibility that the trustee may hide the fact of the death of the owner of the deposit or not know about it, and, using the power of attorney, if its term has not expired, withdraw the entire amount of the deposit and interest on it. In this case, it must be taken into account that the rights and obligations arising from the actions of the person to whom the power of attorney was issued, before this person knew or should have known about its termination, remain valid for the successors of the person who issued the power of attorney in relation to third parties. This rule does not apply if the third party (we are interested in the case when the third party is commercial Bank) knew or should have known that the power of attorney was terminated. At the same time, it should be remembered that the legal successors of the person who issued the power of attorney are obliged to notify the person to whom the power of attorney was issued, as well as well-known third parties for the representation of whom the power of attorney was issued, about the cancellation of the power of attorney.

However, there is another way to receive the depositor's money in full, without waiting for the expiration of the six-month period for accepting the inheritance. This is done in the following way. One individual A makes a contribution in favor of a third person T. At the same time, person T is in no hurry to enter into the rights of a contributor. In such a situation, in the event of the death of person T, the deposit can be withdrawn by person A, who made the deposit and entered into a bank deposit agreement, since before person T expresses his intention to exercise the rights of the depositor, person A can exercise the rights of the depositor in relation to the funds deposited by him to the deposit account.

If person A, who concluded a bank account agreement in favor of person T, dies before T, then person T, having entered into the rights of a depositor, will be able to dispose of the deposit and, if necessary, withdraw all funds. Such a scheme is sometimes resorted to by persons who find it difficult for health reasons or for some other reason to visit a bank office - usually they are elderly citizens or people with disabilities. They ask someone from their close relatives or people with whom they have established a trusting relationship to open a deposit in their favor. This eliminates the need for them to keep large sums of money at home. Note that a trusted person can both be included in the circle of heirs, and be outside this circle.

But is everything so simple in the above scheme? Will not person A, who opens an account in favor of person T, abuse the interests of other successors in the event of T's death? Let's explore this issue in more detail.