10. Civil regulation of insurance Insurance is regulated by a number of chapters of the Civil Code of the Russian Federation. The main content of Chapter. 48 of the second part of the Civil Code of the Russian Federation constitutes the rules governing relations under property and personal insurance contracts. Concept

Payments not in connection with the entrepreneurial activities of citizens are permitted both in cash and by bank transfer. Settlements involving citizens related to their business activities, as a rule, must be made by bank transfer. However, at present there are no restrictions or prohibitions on settlements with the participation of citizen entrepreneurs in cash.

Settlements by payment orders

In Art. 863 of the Civil Code of the Russian Federation determines that when making payments by payment orders (bank transfer), the bank that accepted the order undertakes, on its own behalf, but at the expense of the paying client, to make a payment to a third party - the recipient of the funds. That is, the bank is obliged not only to write off the required amount from the payer’s account, but also to ensure its transfer to the recipient’s account opened in the same or another bank (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 08.10.96 N 3061/96).

A bank transfer is a series of interconnected transactions carried out when a payment order is issued and accepted for execution; execution of a payment order and making a payment. Such transactions appear to be abstract, independent of the transaction that is the basis for making the payment. This latter can be a purchase and sale agreement, supply agreement, contract, etc. It entails the payer’s obligation to the recipient of funds to pay for the goods supplied, work performed, services rendered. The invalidity of this transaction or the failure of the counterparty to fulfill the counter-obligation does not entail the invalidity of the settlement transaction.

The period for making a bank transfer from the beginning (i.e., from the moment funds are debited from the payer’s account) to the end (i.e., until the funds are credited) may be established by law and other regulations in accordance with it.

To carry out operations to transfer funds to the account specified in the client’s order, the payer’s bank has the right to involve other banks. From a legal point of view, such actions should be considered as entrusting the fulfillment of an obligation to a third party (Article 313 of the Civil Code).

In accordance with clause 2.2 of the Regulations of November 25, 1997 N 5-P, the client has the right to determine in the bank account agreement which way settlement transactions can be carried out on his instructions. If this condition is not included in the bank account agreement, the payment route (direction of payment to the recipient in the specified sequence of correspondent accounts (sub-accounts) of credit institutions) is determined by the credit institution (branch).

Clause 2.8 of the said Regulations allowed credit institutions to transfer customer funds not only through the Bank of Russia, but also through other credit institutions - to a third for crediting to recipients’ accounts (transit payments). In this case, the bank - the sender of the payment, carrying out a transit settlement operation, is allowed to re-issue the client’s payment orders on its own behalf.

In accordance with clause 2 of the Central Bank's Directive No. 95-U dated December 24, 1997, the Bank of Russia carries out the corresponding accounting operations on the client's account on the basis of the register of directed payments - a settlement document in electronic form received through the CBR's communication channels. A consolidated payment order on paper (a paper analogue of the register of directed payments), submitted by the client the next day after the Bank of Russia makes the necessary accounting entries, is placed by it in the documents of the day and stored as confirmation of the validity of debiting funds from the client’s account (clause 8 of the Central Bank Instruction dated December 24, 1997 N 95-U). In accordance with clause 10 of this regulatory act, funds are credited to clients’ personal accounts by credit institutions participating in settlements using communication channels of the Bank of Russia, based on settlement documents on paper.

The procedure for executing electronic payment documents in the Moscow region has its own characteristics. In accordance with clause 26 of the Regulations of the Central Bank of February 20, 1998 N 18-P and clause 7.4 of the Regulations of the Central Bank of March 12, 1998 N 20-P, transactions by banks on client accounts are carried out:

a) when using full-format electronic payment documents - on the basis of a payment document in electronic form and an extract from the bank’s correspondent account;

b) when using an electronic payment document of a shortened format - on the basis of a payment document on paper and an extract from the correspondent account of the servicing bank.

A consolidated payment order on paper for the total amount of payments debited from the correspondent account is issued by the bank and submitted to the Central Bank only when using electronic settlement documents of a shortened format.

When making electronic payments without the participation of the Bank of Russia, the procedure for executing client orders is determined in contracts. However, most often, the client who has submitted the payment document in electronic form is obliged to send its counterpart on paper to the servicing bank the next day.

In this case, the operation of debiting funds from the account is carried out on the basis of a payment document in electronic form, and the “paper” one is used only for reporting. On the contrary, operations to credit received funds to the payee's account are not carried out until the payment document is received on paper.

In accordance with clauses 2.3 and 2.9 of the Central Bank Regulations of February 10, 1998 N 17-P, payment documents signed by DSP are recognized as having equal legal force with other forms of instructions from account holders signed by them personally.

The reliability of the TSA is ensured as follows. According to the Regulation of the Central Bank of February 10, 1998 No. 17-P, verification of the authorship, integrity and authenticity of settlement documents signed by the TSA may be entrusted to the recipient of the settlement document in accordance with a bilateral agreement or to a specially created Document Management Administration. The administration is a legal entity acting as a registrar of the owners of the TSA, the means of creating and verifying the authenticity of the TSA. When organizing document flow between more than two participants in electronic payments, the procedure for checking the ASP must provide for the creation of an Administration.

The agreement concluded by the Administration with participants in electronic document management must contain a list of procedures used to create an ASP and verify its authenticity. In this case, the possibility of verification must be ensured for each medium on which the document is compiled. The agreement with the Administration must also contain the participant’s obligation to recognize the legal validity of payment documents sent by other participants and signed by the TSA, the owner of which is registered by this Administration.

One of them is between the payer and the issuing bank. The payer submits an application for a letter of credit (offer) to the servicing bank, according to which he invites the bank to assume the obligation specified in paragraph 1 of the comment to the recipient of the funds. articles (i.e. issue a letter of credit). In pursuance of the bank account agreement, the issuing bank is obliged to accept the client’s offer. Acceptance is carried out by issuing a letter of credit (clause 3 of Article 438 of the Civil Code).

When executing a client’s order, the issuing bank acts on its own behalf, but at the expense of the payer. Therefore, the legal nature of this transaction can be defined as a type of commission agreement. Consequently, in the absence of special rules governing these relations, it is permissible to apply the corresponding general rules on the commission agreement.

The second transaction is between the issuing bank and the payee - the beneficiary. In pursuance of the payer's letter of credit, the issuing bank sends an offer to the beneficiary, from which it follows that it is ready to fulfill the payer's obligation (make a payment, pay, accept or honor a bill of exchange) if the beneficiary presents certain documents to it. The beneficiary accepts the offer of the issuing bank by submitting the required documents within the term of the letter of credit.

Both of these transactions are abstract, independent of the agreement between the payer and the recipient of funds, in pursuance of which the payments are made. The isolated, independent nature of letter of credit transactions is expressed: firstly, in the absence of the obligation of banks to check the compliance of the terms of the letter of credit (as well as the payer’s orders to change its conditions, early closure, etc.) with the agreement between the payer and the recipient of funds; secondly, these transactions have an independent legal destiny: the invalidity of the agreement between the payer and the recipient of funds does not entail the invalidity of letter of credit transactions.

The client's order to the bank to issue a letter of credit is formalized in the form of an application for a letter of credit.

The application form for a letter of credit (0401063) was approved by the Central Bank Directive of December 3, 1997 N 51-U “On the introduction of new formats of payment documents.” The application for a letter of credit must contain the following details: name of the payment document, number and date of preparation, amount in figures and words; the name of the payer, his taxpayer identification number (TIN) and account number, the name of the payer's bank, his bank identification code (BIC) and the number of his correspondent account; name of the supplier's bank, its bank identification code (BIC) and correspondent account number; the name of the supplier, his taxpayer identification number (TIN), his account number; type of letter of credit; payment terms; name of goods (services), number, date of contract; a list of documents against the submission of which payment must be made; additional conditions; payment type; supplier signatures. A condition for the execution of a letter of credit may be acceptance by an authorized representative of the payer.

The issuing bank's obligation to issue a letter of credit arises only when the payer's order is given by him by filling out an application form for a letter of credit approved by the Central Bank and containing all the essential terms of the letter of credit (clause 5.8 of the Settlement Regulations).

4. The bank that received the client’s application and is obliged to issue a letter of credit is called the issuing bank. When the recipient of funds is serviced by the same bank as the payer, the issuing bank executes the letter of credit issued by it independently. But if the recipient of the funds is serviced by another bank, then the letter of credit must be issued by the issuing bank to the bank of the recipient of the funds, which executes it (executing bank). The issuing bank, which independently executes the letter of credit issued by it, is subject to the rules governing the activities of the executing bank.

In accordance with clause 5.4 of the Regulations on Settlements, letters of credit are considered covered (deposited), upon opening of which the issuing bank transfers the payer’s own funds or the loan provided to him at the disposal of the executing bank to a separate balance sheet account “Letters of Credit” for the entire period of validity of the issuing bank’s obligations.

If there are direct correspondent relations between banks, an uncovered (guaranteed) letter of credit can be opened with the executing bank by granting it the right to write off the entire amount of the letter of credit from the account of the issuing bank maintained by it.

The bank that received the collection order from the client is called the issuing bank. The bank that makes a demand for payment and (or) acceptance directly to the obligated person is called the executor.

In cases where the issuing bank provides settlement and cash services to both the payer and the recipient of funds, it is at the same time an executing bank. The issuing bank also plays this role in cases where, in accordance with banking rules, the recipient of funds is obliged to send settlement documents directly to this bank, bypassing its own. Thus, in accordance with clause 285 of State Bank Rules No. 2, collection orders with the attachment of executive documents, as well as orders to write off funds from the accounts of similar payers, are submitted by the collector for collection directly to the bank institution where the payer’s account is maintained.

Payments by collection can be made either with or without the payer’s acceptance - in cases provided for by law.

If settlements are carried out with the payer’s acceptance (acceptance form) or we are talking only about receiving acceptance from the obligated person, then the issuing bank has the following responsibilities:

a) ensure that the obligated person is required to make payment and (or) acceptance along with the relevant documents;
b) ensure that the appropriate funds are credited to the recipient’s account or hand over accepted documents to him if the payment or acceptance was made by the payer.

If payments are made without the payer’s acceptance, and the documents submitted by the recipient fully comply with the requirements of the law, then the issuing bank is obliged to ensure an indisputable (non-acceptance) debit of funds from the payer’s account - if there is money on it and credit the received amount to the payee’s account.

Since the issuing bank executing the collection order acts on behalf of its client and at his expense, this bank is his representative.

The issuing bank, which has received the client’s order, has the right to attract another bank (executing bank) to carry it out, sending it the relevant documents. The legislation of the Russian Federation on collection operations allows for the sending of settlement documents from bank to bank in the absence of contractual relations between them.

Unlike a bank transfer, the executing bank cannot be involved in the execution of a collection order on the basis of Article 313 of the Civil Code (assigning the fulfillment of an obligation to a third party). Collection involves receiving money from an obligated person. In this case, the requirement to make payment (or acceptance) addressed to the obligated person must be stated not by his creditor, but by a third party. Payment to a third party can lead to the repayment of the obligation only if this third party has the corresponding authority from the creditor, i.e. is his attorney. Otherwise, the debtor risks making a payment to an improper person. Consequently, the executing bank can only be a representative of the creditor - the recipient of the payment. Thus, the executing bank is involved by the issuing bank in performing a collection operation on the basis of a subpoena. The relationship of representation between the recipient of funds and the payer's bank (executing bank) in this latter case arises directly from the law and the fact that the payer's bank received the collection order.

The uniqueness of the collection operation is manifested in the dual legal position of the payer bank. On the one hand, by presenting documents to its client requesting payment (or acceptance) and sending the received amounts (acceptance) to the recipient's bank, the payer's bank acts as an executing bank, i.e., as a representative of the recipient of funds. On the other hand, by debiting money from its client’s account on the basis of documents accepted by it, the payer’s bank acts as a representative of the payer. Dual representation is normal in banking.

The above feature of the collection operation changes the moment of fulfillment of the obligation to pay for the delivered products (work performed, services rendered). By virtue of Article 316 of the Civil Code of the Russian Federation, the place of fulfillment of a monetary obligation is the location of the creditor - a legal entity at the time the obligation arises. However, the place of fulfillment of a monetary obligation determined by the Civil Code of the Russian Federation may be changed by law, business customs, or assumed differently in connection with the essence of the obligation. The mechanism of the collection operation indicated above presupposes a completely different (due to the nature of the relationship in question) place of fulfillment of the monetary obligation than is determined by the conditionally dispositive norm of Article 316 of the Civil Code of the Russian Federation. A payment to the creditor's representative extinguishes the monetary obligation (as if it had been made to the creditor himself) precisely at the location of the representative (and not the creditor). Such a representative of the creditor, who directly receives the amount of his debt from the debtor-payer, is the executing bank. It follows that the payer’s obligation to make settlements with the recipient of funds for the products supplied (work performed, services rendered) terminates at the location of the executing bank. The moment of fulfillment of this monetary obligation should be considered the moment the debt amount is written off from the payer’s current account. It is from this moment that the payer’s monetary obligation to make payments is considered properly fulfilled.

The procedure for making collection payments is regulated by the Regulations on Settlements, paragraphs 25, 26, 279-292, 305 of the State Bank Rules No. 2, telegram of the Central Bank of September 2, 1992 No. 218-92, letter of the Central Bank of June 30, 1994 No. 98.

Since during settlements, in the collection procedure, the payer’s monetary obligation is considered fulfilled at the moment the funds are written off from his account, then in the future the payee acquires the right to demand the amount not received by him from the banks participating in the collection operation.

Since the issuing bank and the executing bank are representatives of the payee, each of them can be held liable by the principal for non-execution or improper execution of the order. In this case, it should be assumed that the payee has a contractual relationship between these banks, so they can be brought to contractual (and not extra-contractual) liability. This conclusion, obvious in relation to the recipient bank (issuing bank), needs clarification in relation to the payer bank (executing bank). A contractual relationship is established between the executing bank and the payee to perform a specific collection operation. Therefore, in accordance with clause 3 of Article 874 of the Civil Code of the Russian Federation, the executing bank may be held liable to the recipient of funds for improper execution of its instructions. In particular, the request of the recipient of funds to banks for the payment of the principal amount of funds debited from the payer’s account is a requirement for the fulfillment of an obligation in kind.

If the settlement transaction was not executed or executed improperly due to the fault of the Central Bank, then the recipient of the funds does not have the right to make a direct claim against him due to the absence of a contractual relationship between them (the Central Bank is not a representative of the recipient of the funds). In this case, the recipient of funds has the right to submit a claim for compensation of losses to the executing bank. By virtue of Articles 313 and 403 of the Civil Code of the Russian Federation, this bank is responsible for the actions of the Central Bank. The payer's bank may recover the paid amounts by way of recourse from the direct culprit - the Central Bank.

The bank that has received a collection order from the issuing bank along with the necessary documents is obliged to take the following actions to execute it.

With the acceptance form of payment:

a) carry out a formal check of received documents in terms of their compliance with legislation, banking rules and customs;
b) present the received documents to the payer for acceptance;
c) if the payer accepts the received request and there is money in the account, write off the funds and ensure their transfer to the payee’s bank for crediting to his account.

In case of indisputable (without acceptance) debiting of funds:

a) carry out a formal check of received documents in terms of their compliance with legislation, banking rules and customs;
b) if there is money in the payer’s account, write off the required amount and ensure its transfer to the payee’s bank for crediting to his account.

2. The forms of payment request (0401061), payment request-order (0401064) and collection order (0401061) are established by the Directive of the Central Bank of December 3, 1997 N 51-U “On the introduction of new formats of payment documents.”

The payment request must contain the following details:

1. name of the settlement document;
2. date and number of the payment document;
3. payment type;
4. payment terms;
5. deadline for acceptance;
6. name of the payer, his taxpayer identification number (TIN); his current account number;
7. name and location of the payer's bank, its bank identification code (BIC); his correspondent account number;
8. name and location of the recipient's bank; his bank identification code (BIC); his correspondent account number;
9. name of the recipient of funds, his taxpayer identification number (TIN); his current account number;
10. amount in words and figures;
11. payment term;
12. order of payment;
13. type of payment;
14. name of the product, work performed, services provided;
15. signatures and seal of the recipient of funds;
16. field for notes from the recipient's bank and notes about partial payments;
17. date of placement in the file cabinet.

In the payment request, in the “Terms of payment” field, the recipient of the funds indicates “without acceptance” or “with acceptance”. In case of direct debit, in the “Terms of payment” field, a reference is made to the relevant federal law that grants the recipient of funds the right to direct debit. When using a payment request form as a collection order (instruction), the fields “Term of payment”, “Term for acceptance” are not filled in, in the field “Name of goods, work performed, services rendered...” the name of the collection, a link to legislation, the name , number and date of the document on the basis of which the collection is made.

The payment request-order form is similar to the payment request form with the difference that the first does not contain the “Terms of payment” attribute, but an additional field for the payer’s acceptance is added.

Payment requests, payment requests-orders, collection orders not issued on the established standard forms are not accepted by banks for execution.

When checking the collection order and its attachments, the correctness of their execution, the presence of details, references to regulations, etc. are determined. In this case, the documents attached to the collection order must correspond to it in appearance. For example, in practice there were cases when the name of the collector in the collection order did not coincide with the name of the collector in the order of the arbitration court attached to it. If the bank identifies any shortcomings in the documents submitted to it that prevent the execution of the order, it is obliged to immediately notify the person from whom this order was directly received. This person can be either the issuing bank or the recipient of the funds. After this, the executing bank has the right to suspend the execution of the order without falling into delay. The deadline for eliminating these shortcomings in the Civil Code is not defined. Probably, we are talking about a “reasonable” period of time required to receive a notification from the executing bank by mail (or using other types of communication), as well as to draw up and send a response. If the collection order was received by the executing bank from the issuing bank, then the addressee of its notification will be the recipient of the funds. In this case, the notice must first be sent to the issuing bank, and the period for response must be extended accordingly. If these deficiencies are not eliminated within a reasonable time, the bank has the right to return the documents without execution.

If settlements are made with the consent (acceptance) of the payer, then the executing bank is obliged to present to him the corresponding copy of the settlement document along with the documents attached to it, if any. They are presented to the payer for acceptance in the form in which they were received, with the exception of the marks and inscriptions of the bank necessary for processing the collection transaction. If settlements are carried out using payment requests and payment requests-orders, then in accordance with the letter of the Central Bank of June 30, 1994 N 98, another corresponding copy of these settlement documents will be placed in the file cabinet of off-balance sheet account N 9927 “Settlement documents awaiting acceptance for payment” (card file No. 1). Payment requests are paid in the order of preliminary negative acceptance, and payment requests-orders - in the order of preliminary positive acceptance. The acceptance period is 3 business days, not counting the date of receipt of settlement documents by the bank.

Clause 1 of Article 15 of the Federal Law of July 14, 1997 “On State Regulation of Agro-Industrial Production” provides that settlements between legal entities - buyers and suppliers of agricultural products must be carried out by collection, unless a different procedure is provided for by the contract. In this case, a special period has been established for acceptance: the general period is up to 10 days, and for perishable goods - up to 5 days after receipt of payment documents by the payer’s bank. In this regard, the question of interpretation of this norm in relation to the activities of the executing bank servicing payments for agricultural products arose.

In a letter dated September 26, 1997, N 03a-31-1/992, addressed to the Association of Russian Banks, the Central Bank reported that an analysis of Article 15 of the above-mentioned Law and business customs used in banking practice allows us to draw a conclusion about the possibility of settlements for consumers of agricultural products , raw materials and food with commodity producers on the basis of payment requests issued by the latter, which are a settlement tool for writing off funds from payers’ accounts in cases where the collection form is provided for in agreements between suppliers and buyers and their banks for previously shipped (issued) material assets, work performed, services provided and other claims for which invoices have not been paid by payers, and paid by buyers in advance of acceptance.

When choosing the terms for acceptance, the servicing bank should be guided by the client’s instructions about the nature of the products being paid for. Taking into account the fact that the above-mentioned Law increases the general period of preliminary acceptance compared to the normative one to 10 days, and for perishable goods - up to 5 days, when the supplier issues a payment request, the corresponding inscription “acceptance period 10” must be placed in the upper right corner of the document days”, or “acceptance period 5 days”.

The payer has the right to refuse to accept payment requests on the grounds provided for in the agreement, with a mandatory reference to its clause and indicating the reason for the refusal. Refusal to accept is drawn up in the prescribed form. If a refusal to accept payment requests is not received within three days (or another period established by law), they are considered accepted and are subject to payment.

The payment request contains, firstly, a collection order to the bank to receive funds due to the client and, secondly, a demand addressed to the payer to make payment for a previously arisen monetary obligation. The last requirement cannot be considered as an offer addressed to the payer, since his obligation to make payments had previously arisen on the basis of the relevant agreement. In this regard, paragraph 2 of Article 438 of the Civil Code, which provides for the conditions under which silence is recognized as acceptance, is not applicable in this case.

The client’s consent to write off funds from his account is a unilateral transaction, giving rise to the servicing bank’s obligation to write off the funds and send them to the recipient. Consequently, to change or cancel this transaction, the will of the person who made it is sufficient. Therefore, as long as the amount of the payment request has not yet been debited from the correspondent account of the payer’s bank, the payer has the right to cancel his acceptance.

When making payments by payment requests-orders, the payer’s consent is formalized by the signatures of persons authorized to manage the settlement (current) account and a seal on the corresponding copies.

If there are no funds in the payer’s account, the payment documents accepted by him are placed in a file cabinet in off-balance sheet account N 90902 “Settlement documents not paid on time” (card file No. 2).

For presentation for payment of bills transferred to the bank for collection, the legislation establishes other rules. In accordance with Part III, Section 2 of the Recommendations on the use of bills of exchange in business circulation, communicated by letter of the Central Bank of September 9, 1991 No. 14-3/30 “On banking operations with bills of exchange,” a bill of exchange, equipped with an authorization signature in the name of the bank, is transferred for collection . Having accepted a bill for collection, the bank is obliged to promptly forward it to the place of payment, and notify the payer of this by means of a summons.

The executing bank presents the debt documents to the payer within the period established by them for the fulfillment of the corresponding monetary obligation. Therefore, it is absolutely necessary that they reach the nominated bank in advance. Otherwise, the latter cannot be held responsible for the untimely presentation of debt documents to the obligated person.

If documents are payable at sight, the nominated bank must present them for payment immediately upon receipt. If the documents are subject to payment at a different time, he must submit them for acceptance immediately, and for payment - on the day of the deadline for fulfilling the corresponding monetary obligation indicated in the document itself.

The period for presenting a promissory note or bill of exchange for acceptance or payment is calculated according to the rules established by Articles 21-23, 34-37, 72-74 of the Regulations on bills of exchange and promissory note, approved. by Decree of the Central Executive Committee and Council of People's Commissars of the USSR of August 7, 1937 N 104/1341, and subsidiary - Article 190-194 of the Civil Code in the part that does not contradict the Regulations. When calculating the period for other monetary obligations, one should be guided by Articles 190-194 of the Civil Code.

Partial payments can be accepted in cases where this is established by banking rules or with special permission in the collection order.

The possibility of partial payments when settling payment requests, payment requests-orders is provided for by banking rules (Instruction of the Central Bank of December 3, 1997 N 51-U “On the introduction of new formats of settlement documents”).

The right of the obligated person to make partial payments on the bill of exchange is provided for in Article 39 of the Regulations on bills of exchange and promissory notes.

In accordance with clause 4.9 of the Regulations on Payments, a check stamped “Russia” must be paid only in full.

The executing bank is obliged to immediately transfer the funds written off from the payer's account (collected amounts) to the disposal of the issuing bank. This means that the executing bank must either credit these funds to the correspondent account of the issuing bank (if there is a direct correspondent relationship), or instruct the Central Bank to transfer the payment to the correspondent account of the issuing bank at the RCC for crediting it to the recipient's account. In this case, the Central Bank is involved in performing a money transfer operation on the basis of Article 313 of the Civil Code of the Russian Federation.

The Civil Code’s requirement for the executing bank to “immediately” carry out the above actions means that it must carry them out without delay within the time limits determined by banking rules and banking customs for settlement operations.

The executing bank has the right to withhold from the amounts collected by it the remuneration due to it, reimbursement of costs and expenses, unless a different procedure for these payments is established by the agreement or banking rules. If there is a direct correspondent relationship between the issuing bank and the executing bank, they have the right to decide differently on the issue of making the payments in question. For example, they can be written off by the executing bank from the correspondent account of the issuing bank opened with the executing bank without acceptance.

The current legislation does not contain a mechanism for implementing this norm. In particular, this raises the problem of determining the amount of remuneration for the executing bank. It can be solved using clause 3 of Article 424 of the Civil Code of the Russian Federation.

Clause 1 art. 876 of the Civil Code of the Russian Federation obliges the executing bank, if the payment and (or) acceptance has not been received by it, to notify the issuing bank indicating specific reasons.

When making payments using payment requests and payment requests-orders, you can use one of the copies of these settlement documents with a note from the executing bank about the fact and reasons for refusal of acceptance as a notice. The nominated bank must send the following notice:

a) when making payments using payment requests - if within three days he receives the payer’s application for refusal of acceptance;

b) when making payments using payment requests-orders - if he does not receive from the payer within the same period a payment request-order, sealed and signed by authorized persons.

Responsibility for an unjustified refusal lies with payers, not their banks. Banks do not consider disputes on the merits. The executing bank is only obliged to check whether the application for refusal to accept the payment request is correctly drawn up, including whether it contains a basis for refusal and a reference to the clause in the agreement between the payer and the recipient of funds, which establishes this basis.

The issuing bank is obliged to immediately inform the client about non-receipt of payment and (or) acceptance and the reasons for this and request instructions from him regarding further actions.

If such instructions are not received within the period established by the banking rules, or in its absence within a reasonable time, the executing bank has the right to return the documents to the issuing bank.

The current banking rules do not establish such a period, so we can only talk about a reasonable period.

Further instructions from the client may relate, for example, to protesting a bill of exchange or promissory note for non-payment or non-acceptance. It should be remembered that, as a general rule, a bank acting on the basis of a surety (collection) endorsement is not obliged to protest the bill, unless this obligation is expressly provided for by the collection order. Therefore, given that the legislation establishes fairly short deadlines for protesting a bill of exchange for non-payment, such instructions should be given to the bank simultaneously with the transfer of the bill of exchange for collection.

In practice, the question arose of how the comment rule is combined. articles from paragraph 2 of article 6.

The fact is that in accordance with paragraph 2 of the comment. Article 1 The executing bank has the right to return settlement documents to the collector only if it does not receive a response from it within a reasonable time. Meanwhile, the current Regulations on Payments in the Russian Federation do not contain a mechanism for implementing this right. Therefore, in practice, commercial banks either do not send this notice at all, or send it in any form, which is uneconomical. In any case, unexecuted executive documents are placed in file cabinet No. 2 and remain there indefinitely.

On the other hand, in accordance with paragraph 2 of Article 6 of the Law on Enforcement Proceedings, banks are obliged, within three days from the date of receipt of the enforcement document from the recoverer or bailiff, to fulfill the requirement contained in this document for the collection of funds or to make a note about complete or partial failure to fulfill these requirements due to the lack of funds in the debtor’s accounts sufficient to satisfy the claims of the creditor.

Although the Law on Enforcement Proceedings does not directly indicate the need to return the writ of execution to the claimant after putting the specified mark on it, such a conclusion seems to logically follow from paragraph 2 of Article 6 of the Law: there is no point in putting a mark about the lack of funds within a three-day period, if it should not be returned to the claimant.

It seems that if there are no funds in the payer’s account, the bank is obliged to place the writ of execution in file cabinet No. 2 and immediately (obviously, taking into account the deadlines established by Article 849 of the Civil Code) send a corresponding notice to the recoverer. Three days after receiving this writ of execution, the bank is obliged to make a note on it about the lack of funds in the account and again place it in file cabinet No. 2, awaiting a response from the issuing bank (collector). If a response is not received within a reasonable time, the bank has the right to return the writ of execution to the issuing bank (collector).

Payments by checks

Before the entry into force of Part 2 of the Civil Code, settlements by checks were regulated mainly by the Regulations on Checks, approved. by resolution of the Supreme Council of the Russian Federation of February 13, 1992. According to the Introductory Law (Part 4 of Article 2), the Regulation on checks has lost force. The Civil Code of the Russian Federation, regulating settlements by checks in detail, sets the task of bringing Russian legislation closer to the provisions of the Uniform Law on Checks adopted by the Geneva Convention of 1931.

The norms of the Civil Code of the Russian Federation establishing the procedure and conditions for settlements by checks may be supplemented by other laws and banking rules established in accordance with them.

To the extent that does not contradict the Civil Code of the Russian Federation, the Rules for settlements by checks on the territory of the Russian Federation, approved. by letter of the Central Bank of Russia dated January 20, 1993 No. 18-11/52.

The unconditional nature of payment by check means the independence of this obligation from the conditions and validity of the transaction in pursuance of which the check was issued. The invalidity of the transaction is not a basis for refusing to pay a check.

The check holder can be any individual or legal entity. The payer of a check is only the bank in which the drawer has an account and which issued him the checkbook.

A check is not a means of payment. Its issuance does not mean making a payment, but only indicates the replacement of the previous relationship with a new one that arises between the drawer, the check holder and other persons obligated by the check. The debtor's obligation under the obligation in fulfillment of which the check was issued (for example, the buyer's obligation to pay for the goods) ceases only after payment of the check is made.

The payer is obliged to verify the authenticity of the check and the powers of the check holder by comparing the data and signature of the drawer, his account number with the relevant information indicated on the check card.

When paying a check submitted to the bank for collection, the payer is obliged to check the correctness of the endorsements (their continuity, the absence of an endorsement made by the payer). The payer is not obliged to verify the authenticity of the endorsers' signature.

Losses resulting from payment of a check that does not meet the established requirements or contains information that does not correspond to the data on the check card are borne by the paying bank. In all cases where the bank’s guilt in honoring a check presented by an unscrupulous purchaser has not been proven, the drawer bears the losses.

The norms of this article, with a few exceptions (a registered check is not transferable, the endorsement made by the payer is invalid, the payer's endorsement in a transfer check means a receipt for payment), establish the rules for the transfer of rights under a check, corresponding to the general provisions on the transfer of rights under a valuable paper (Article 146 of the Civil Code of the Russian Federation).

The endorsement must be written on the back of the check or on a sheet attached to it, contain the signature of the endorser and the date of the endorsement.

Order checks can be transferred through endorsement. The endorsement can be personal if it indicates the person to whom the check is transferred, and blank if such a person is not specified. The transfer of a check by endorsement can be made to any person. The number of endorsements is not limited.

The previous Regulations on Checks provided for a personal endorsement that contained a “not to order” clause, which precluded further transfer of the check. The Civil Code does not provide for such an endorsement.

In accordance with paragraph 3, paragraph 3, Article 146 of the Civil Code of the Russian Federation, the endorsement on a check can be a guarantee. Thus, a personal endorsement on an order check may contain the words “currency receivable”, “for collection”, “as trustee”, which means an order to receive payment on the check, perform actions necessary to protect and exercise the rights under the check (for example, provide a check notary to file a protest).

Endorsement cannot be conditioned by any circumstance. Any condition limiting it has no legal effect. The endorser is responsible for paying the check jointly with the drawer, avalists, and other endorsers.

Securities may be regulated by general rules of civil law only in cases expressly established by law. From these positions, it seems more correct to regulate settlements by checks with a special law.

The Civil Code of the Russian Federation, differently than the Regulations on Checks, establishes the responsibility of a check avalist. The responsibility of the avalist is determined by the responsibility of the person for whom the guarantee is given. A guarantee of payment of a check can be given for the drawer or endorser. The avalist is released from liability only if failure to comply with the form (for example, the absence of any of the required details) deprives the document of the validity of a check. The invalidity of an obligation arising from a check on grounds other than a defect in form does not exclude the avalist's liability.

The check can be presented for payment through the bank with which the check holder has entered into a bank account agreement. The check holder's bank collects the check, that is, presents it to the paying bank for payment, and, if necessary, protests the unpaid check (Article 883 of the Civil Code of the Russian Federation).

In the case when the payer is a bank with which the check holder’s bank does not have correspondent relations, the check is submitted to the cash settlement center (CSC) of the Central Bank of the Russian Federation to receive payment. The payer bank debits funds from the drawer's account on the basis of the register of checks received from the checkout center.

Branches of the same bank settle paid checks directly with each other, bypassing the cash register center.

Unlike a bill of exchange, a refusal to pay a check can be certified not only by a protest from a notary, but also by a corresponding note from the payer or the collecting bank.

The protest is made by presenting the unpaid check to the notary's office at the payer's location.

The procedure for protesting a check, as well as protesting a bill of exchange, is regulated by the Instruction on the procedure for performing notarial acts by state notary offices of the RSFSR, approved. by order of the Ministry of Justice of the RSFSR of January 6, 1987 N 01/16-01.

The notary is obliged to present the check to the payer. If he refuses to pay, the notary draws up a protest act in the prescribed form. An entry is made about it in the register, as well as a protest note on the check.

In case of refusal to pay a check, the check holder has the right to file claims against each or all obligated persons (check drawer, endorsers and avalists). These persons must be promptly notified of the payer's refusal.

The Civil Code of the Russian Federation establishes a different liability for dishonored checks than the Uniform Law on Checks. Regardless of who the check holder is, he has the right to receive:

1. the amount indicated on the check;
2. the amount of costs associated with receiving payment by check;
3. interest on the check amount equal to the refinancing rate established by the Central Bank of the Russian Federation (Article 395 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation provides for a shortened limitation period for filing a claim by the check holder and a recourse claim by persons obligated on the check - six months from the date their right to claim arises.

Credit, investment and financial consulting

Credit consulting- provision of consulting services in the field of attracting credit and investment financing for legal entities and individuals.

The range of problems solved by consulting is quite wide. And the specialization of companies providing consulting services can be different: from narrow, limited to one area of ​​consulting services (for example, audit), to the broadest, covering the full range of services in this area. Accordingly, each specialist (or each company) working in this field gives the concept of consulting its own meaning and gives it its own shade, determined by the direction of activity of a particular company.

Credit consulting, according to Denis Aleksandrovich Shevchuk, is a new type of business that is becoming actively widespread today. Considering the growing interest of our clients in funds raised from outside for business development, an objective need has arisen for the development of this type of service as credit counseling.

The offer of various loan programs by banks is also growing. Each of them not only offers the client special conditions, but also requires him to provide a completely specific set of documents and guarantees. It becomes increasingly difficult for a potential loan recipient to navigate this area on their own and it becomes increasingly easier to get lost in this flow.

Let's try to define consulting in the broadest sense of the word.

Consulting is a type of intellectual activity, the main task of which is to analyze, substantiate the prospects for the development and use of scientific, technical, organizational and economic innovations, taking into account the subject area and problems of the client.

Consulting solves issues of managerial, economic, financial, investment activities of organizations, strategic planning, optimization of the overall functioning of the company, doing business, research and forecasting of sales markets, price movements, etc. In other words, consulting is any assistance provided by external consultants, in solving a particular problem.

The main goal of consulting is to improve the quality of management, increase the efficiency of the company as a whole and increase the individual productivity of each employee.

In what cases do clients turn to a consulting company for help?

According to popular belief, the services of external consultants are mainly and primarily those organizations that find themselves in a critical situation. However, assistance in critical situations is by no means the main function of consulting. In what cases and who turns to a consulting company for help?

Firstly, in cases where an enterprise that has a reliable status plans to restructure the entire system, associated either with expansion, or with a change in the form of ownership, or with a fundamental change in the range of activities of the enterprise and its reorientation to more promising and/or profitable areas of business .

Secondly, in cases where an enterprise that has a reliable status, in order to assert its position in the market and create the necessary image in the eyes of potential partners, turns to the services of a consultant (for example, an auditor), conducts an audit of its activities (for example, an audit) and then makes its results public.

Thirdly, in cases where the enterprise is in a critical situation (or even on the verge of collapse) and is unable to get out of this situation on its own due to the lack of experience and internal resources for an adequate and timely response to the current situation. The services of a consultant (consulting firm) in this case are of the nature of crisis consulting.

Professional consulting services have been provided in Russia for over ten years. Despite such a long period of time, a clear understanding of why to invite consultants and whether they need to be invited at all has not yet developed among potential consumers of consulting services. This is largely due to an inadequate understanding of what consultants can and cannot do, when it makes sense to invite them, and what the necessary conditions for successful cooperation with consultants are.

The main task of consultants is to assist clients in solving their management problems.

They can solve this problem in several ways:

Find the problem and suggest solutions. In a situation where the client realizes that he has a problem, but cannot determine what exactly it is, what its true causes are, consultants can analyze the situation and identify the problem and the reasons for its occurrence, as well as develop and offer the client ways to solve it . This is the so-called expert consulting, when consultants themselves do all the work to identify and solve the problem.

Help the client find the problem himself and determine ways to solve it. There are situations when a client is ready to identify a problem and solve it, but lacks some methodological support to successfully implement his intentions. Then consultants can provide the client with this methodological support and go with him all the way from identifying a problem to solving it.

This approach is called process consulting, i.e. consulting in the process of the client’s management activities.

Teach the client how to find and solve problems. Creating a system of practical knowledge in the client, a mechanism that allows him from now on to find and solve his problems is the essence of the third approach, called educational consulting.

With this approach, the consultant is not directly involved in the process of finding and solving problems, but only trains the client and checks that the “homework” is completed correctly.

In practice, all three approaches often overlap and complement each other. The emphasis shifts depending on what the client needs most: that a solution to the problem be found for him, or that he be helped to solve the problem, or that he be taught how to solve it.

Determining the extent of this need, as well as the need to involve consultants in general, depends on a number of factors:

Time. As a rule, any problem introduces its own time constraints. Depending on how much time is available to solve a particular problem, a choice is made in favor of one approach or another. Typically, expert consulting is the fastest way to solve a problem if the invited consultant has proven methods for solving such problems.

Labor resources. Each problem requires labor resources spent on its solution. When the scale of the problem is large enough, it can be quite difficult to allocate people who will be exclusively focused on solving it, given that all of the client's full-time employees have their own day-to-day responsibilities as part of the ongoing business. At the same time, hiring and maintaining a special staff of specialists in case of every problem, as some companies sometimes prefer to do, is not economically feasible.

Consultants in this case are an additional labor resource that is available when needed and removed when the need for it has passed.

As part of the Credit Consulting service, we offer support for the procedure for obtaining a loan, namely:

• general familiarization with the lending market in Moscow
• providing information and choosing the most optimal loan program and bank
• assistance in collecting and preparing a package of documents for obtaining a loan
• agreeing on a package of documents with the bank and submitting an application for a loan

By seeking advice on lending, you will not only save invaluable time spent searching for a suitable program, but also receive the most reliable information about the bank and the conditions for obtaining a loan, which often differs significantly from what the bank provides for advertising purposes.

Business lending, despite the unstable state of the economy, involves the possibility of some banks making a decision in a short time (from 1 to 10-15 days), before opening an account, accounting for management (unofficial) reporting, a group of companies. Crises are not a hindrance if you use the advice of professionals.

Despite the crisis in the Russian economy, most business lending experts agree that this sector of banking in Russia will develop.

Let us consider in detail the current business financing opportunities.

All types of loans, including:

• overdraft (unsecured loan against turnover, up to 50% of average monthly receipts to the account from third-party counterparties, excluding payments to ourselves within a group of companies);
• loan to replenish working capital;
• business development loan;
• loan to purchase a business;
• loan for the purchase of real estate (including commercial mortgage);
• loan for the purchase of equipment;
• loan to cover cash gaps;
• line of credit;
• factoring;
• leasing;
• pawn business lending;
• investments in Russian enterprises (including investments in new companies (up to a year) in Moscow).

Contacting credit brokers who have experience working full-time in banks (preferably in senior positions in specialized departments) allows you to conduct an express analysis of financial statements and potential creditworthiness, increase maximum lending limits (amounts), optimize taxation, increase credit attractiveness and speed up consideration applications, receive the opportunity to receive priority preferential consideration of applications in banks.

• credit;
• credit line.

Adjustment factors (discount) applied within business lending programs:

Real estate objects (buildings, structures, individual premises in a building, unfinished capital structure): no more than 0.8.

Equipment: no more than 0.7.

Basic requirements for a business owner:

Age - from 25 to 60 years inclusive (for men under 28 years old, the issue is settled with the conscription authorities).

No negative credit history.

Business representatives today have a sufficient choice among banks that are ready to provide “money for growth” and support various business projects. Entrepreneurs only need to have a good understanding of the terms and interest rates in order to choose the most profitable loan program for themselves.

Entrepreneurs are often interested in the question: does the possibility of obtaining a loan depend on the legal form under which the small business is registered. For example, many are sure that banks have a prejudice against “individual entrepreneurs”; getting a loan with this form of ownership is much more difficult than, say, for a limited liability company (LLC).

However, this setting is far from reality: for banks seriously involved in lending to small and medium-sized businesses, the legal status of the organization does not affect either the number of documents for obtaining a loan, or interest rates, or lending conditions, that is, all representatives of this economic sector activities are subject to equal requirements.

Some banks have restrictions on other parameters, for example on the share of foreign capital, but the form of ownership of the company does not matter. However, there is a restriction for legal entities: the share of the state or non-residents in the authorized capital should not exceed 49%.”

The documents that are required to obtain a loan for small and medium-sized businesses mainly relate to both legal status and financial statements. The bank, for example, will require from you: a certificate of state registration, a certificate of registration with the tax authority, copies of passports of an individual entrepreneur and guarantors, a copy of the income statement for the last two reporting dates, copies of pages of the book of income and expenses for 6 months , certificates about the presence or absence of loans from servicing banks.

You must also provide an extract from the servicing banks on account turnover (debit turnover or credit turnover) for the previous 12 months, as well as information on monthly turnover. Additional documents that banks often ask to provide directly relate to the company’s activities: copies of lease agreements for premises, copies of contracts with buyers and suppliers, copies of documents confirming ownership of the property offered as collateral (agreements, invoices, acts, payment documents, certificates about property) and so on.

An individual approach to each legal entity can be explained by the huge number of variations in the parameters of small and medium-sized businesses in modern Russia. Everything is brought to the attention of credit analysts: from the organizational and legal documents of the enterprise itself to rental agreements for premises and utility bills. If you divide the documents into groups, you can highlight constituent documents, financial documents, documents confirming ownership of property provided as security, as well as additional documents confirming the conduct of business. The terms of lending to enterprises in each bank are different.

Consideration of an application by banks takes from three working days to several weeks, provided that a complete package of documents is provided, so businesses wishing to receive a loan must take this fact into account in advance. Clients often complain that banks take a long time to consider their applications, but from experience I can say that usually such clients do not follow the bank’s instructions and do not fulfill everything that is asked of them on time, thereby delaying the decision-making process on the possibility of lending.

Due to the focus of most banks on an “individual approach” to each borrower representing a small or medium-sized business, entrepreneurs have the opportunity to vary the interest rate. You should think about obtaining a loan for your company in advance and cooperate as much as possible with credit analysts on issues related to documents: in this case, you can choose the most favorable loan terms for the company.

Significant savings in time, and often many other costs, can be obtained by timely contacting credit brokers, but only if all employees of such a company have previously worked in banks in management positions. The abundance of so-called “certified brokers” who have attended advertising lectures in ordinary companies seriously discredits the profession of a credit broker. Ideally, the more banks a credit broker has worked in, the better.

The modern legal basis for the existence of the banking system is the Civil Code of the Russian Federation and the Constitution of the Russian Federation. Constitutional norms determine the bodies authorized to perform the functions of managing the credit and banking system, the procedure for their formation and the principles for carrying out the tasks assigned to them. The Constitution of the Russian Federation reflects the status, tasks, main functions and principles of the organization and activities of the Central Bank of the Russian Federation as a public legal organization, its organizational structure, as well as fundamental rights and obligations 13.

According to Art. 819 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization undertakes to provide funds to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount received and pay interest on it. Receiving a loan, therefore, is initially defined in civil law as receiving a certain amount of money 14. However, it is further seen that credit legal relations can be expressed not only in the transfer of a sum of money for temporary use and its subsequent return with interest, but also in the transfer of a certain product, other things transferred as if on credit (commodity credit). There are also legal relations of factoring and leasing, which in their content also help a small entrepreneur obtain certain resources for his development.

The Civil Code of the Russian Federation defines the legal provisions of entities participating in civil circulation and carrying out their activities in the credit sector, the procedure for state registration (Article 51) and termination of their activities (Article 54). It also provides general rules on the status of individuals (Chapter 4), rules for making transactions (Chapter 9), general rules on contracts and obligations (Subsection 2). Such agreements used in banking activities as the bank deposit agreement (Chapter 44) and the bank account agreement (Chapter 45) are discussed in detail. Issues of loans and credit are revealed (chapter 42)

Ensuring the fulfillment of obligations is discussed in Chapter. 23, which, in particular, states that the main forms of security can be a penalty, a pledge, a lien, a surety, a bank guarantee, and a deposit. Chapter 25 and ch. 26 regulate liability for breach of obligations and termination of obligations. Chapter 46 is devoted to the issues of payments - cash and non-cash. Chapter 54 provides characteristics of trust management of property and discusses issues of financial leasing.

Legal status, goals of activity, functions and powers of a single and independent subject of the first level of the banking system of the Russian Federation - the Central Bank of the Russian Federation by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)". In accordance with Art. 56 of the Law, the Bank of Russia is a banking regulation and banking supervision body that carries out constant supervision over compliance by credit institutions and banking groups with banking legislation, regulations of the Bank of Russia and the mandatory standards established by them 15 .

In relation to credit relations, the Bank of Russia can establish mandatory standards for credit institutions to comply with, in particular regarding the risks of a credit institution for issued loans, as well as impose other requirements for the activities of credit institutions 16 .

One of the main laws regulating credit relations is the Law of the Russian Federation “On Banks and Banking Activities”.

First of all, in Art. 5 of this Law defines banking operations, including the placement of funds on one’s own behalf and at one’s own expense, which is expressed in the provision of loans to legal entities and individuals. The Law also defines the provisions and requirements for the activities of credit institutions, the types and procedures for carrying out banking operations and transactions, and protecting the interests of clients of credit institutions 17 .

Article 29 of the Federal Law “On Banks and Banking Activities” regulates interest rates on loans. In particular, the bank does not have the right to unilaterally change interest rates on loans and the procedure for determining them. Under a loan agreement concluded with a citizen borrower, a credit institution cannot unilaterally shorten the term of this agreement, increase the amount of interest and change the procedure for determining it, increase or establish commission fees for transactions, except for cases provided for by federal law.

Federal Law dated December 30, 2004 N 218-FZ (as amended on December 3, 2011) “On Credit Histories” defines the concept and composition of credit history, the grounds, procedure for the formation, storage and use of credit histories; the related activities of the credit history bureau are regulated; specific features are established creation, liquidation and reorganization of credit history bureaus, as well as the principles of their interaction with sources of credit history formation, borrowers, government bodies, local governments and the Bank of Russia 18.

Other federal laws also regulate the relationships that arise in the process of carrying out activities by a credit institution and a borrower, however, these laws relate to the regulation of relationships in consumer lending only indirectly and are rather of a reference (declarative) nature: Federal Laws “On Mortgage (Pledge of Real Estate)”, “ On Currency Regulation and Currency Control", and other Federal Laws.

Among the normative and legal acts of the Bank of Russia regulating credit relations are:

The Bank of Russia Regulation No. 54-P “On the procedure for the provision (placement) of funds by credit institutions and their return (repayment)” establishes the procedure for carrying out operations for the provision of funds by banks to legal entities and individuals, regardless of whether they have or do not have settlement, current, deposit, correspondent accounts in a given bank, and the return of funds received by bank clients.

Regulation No. 39-P “On the procedure for calculating interest on transactions related to the attraction and placement of funds by banks” determines the procedure for calculating interest related to the placement of funds of bank clients - individuals and legal entities, both in the national currency of the Russian Federation and in foreign ones currencies 19.

Bank of Russia Regulation No. 254 - P “On the procedure for credit institutions to form reserves for possible losses on loans, on loans and similar debts” establishes the procedure for credit institutions to form reserves for possible losses on loans, on loan and similar debts, to which These include monetary claims and claims arising from transactions with financial instruments, as well as the specifics of the Bank of Russia’s supervision of credit institutions’ compliance with the procedure for forming reserves for possible loan losses.

In accordance with Chapter 3 of Regulation No. 254-P, credit risk assessment for each loan issued must be carried out on an ongoing basis. Based on an analysis of the borrower’s financial condition, as well as an analysis of the quality of debt servicing and all information available to the bank about any risks of the borrower (for example, information about the state of the borrower’s external debt), the bank makes a reasoned judgment. The source of information may include official financial statements, title documents, tax, statistical and other information about the Borrower. The list of information sources used is determined by the bank independently, and the information received is included in the borrower’s credit file.

Instruction 139 of the Bank of Russia establishes numerical values ​​and methods for calculating such mandatory bank standards as the maximum risk per borrower or group of related borrowers, the maximum size of large credit risks, the maximum size of loans, bank guarantees and sureties. information provided by the bank to its students (to shareholders).

To the operational instructions refers to the P͡isḰ of the Central Bank of the Russian Federation R͡͡FͰ 70-TͰ "About the typical banking risks", which provides information for the banks about the typical banking risks, including credit risks 2 0 .

Among the internal documents of the bank, great importance belongs to the bank's credit policy.

The credit policy of a commercial bank is the totality of factors, documents and actions that determine the development of a commercial bank in the field of lending to its clients. Credit policy determines the tasks and priorities of the bank's credit activities, funds and methods for their implementation, as well as the principles and procedure for organizing the credit process. It creates the basis for the organization of the bank's credit work in accordance with the general strategy of its activities, which is necessary for the development of a system of documents regulating the lending process.