Special advice on the state defense order: how to open and where you can and can not spend money. The procedure for spending funds from a special purpose to overhaul What is a special account in a bank for a state contract

ON 29.07.2019
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223-FZ, 44-FZ, AGZRT, bank guarantee, Gazprombank, Gosobonzakaz, ETP, NMSC, RAD, RTS Tender, Sberbank-AST, SMP, Special Council, Tack Trading, Electronic Procurement, Electronic Auction, Ethp

From October 1, 2018, all procedures are transferred to ETP, and suppliers should be opened for the opportunity. Let's see that they are most interested in this, and give answers to current issues.

What types of procurement are the rules apply?

The special counseling mechanism applies to all competitive purchases of 44-ФЗ in electronic form. They will on nine sites, including one specialized for the state defense order:

Sberbank-Ast
Agzrt.
RTS-tender
National Electronic Place
Russian auction house
ETP GPB
TEK-Torg.
Ast Goz.

In addition, the mechanism of specials will spread for procurement among small and medium-sized businesses by law 223-ФЗ. From October 1, they must be carried out on federal ETP.

Registration in EFIS EIS
From January 1 2020 years to participate in trading on 44-FZ, 223-FZ and 615-PP required registration In the EHF registry (the unified register of procurement participants) on the EIS portal (Unified Information System) in the procurement of Zakupki.gov.ru.
We provide a service for registration in EHF in Eis:

In which bank can you open a special account?

List of credit institutions Defined by the government at the disposal of 13.07.2018 1451-p. They are only 18:

"Sberbank of Russia"
"Bank VTB"
Gazprombank
"Russian Agricultural Bank"
"Alfa Bank"
"Credit Bank of Moscow"
"Financial Corporation Opening"
Raiffeisenbank
Rosbank
"All-Russian Bank for Development of Regions"
Promsvyazbank
"Joint-Stock Bank" Russia ""
"Bank "Saint-Petersburg"
"Sovcombank"
"Russian National Commercial Bank"
"Joint-Stock Commercial Bank" RosEvrobank ""
"OTP Bank"
"UniCredit Bank"

What documents are the procedure for the use of special counters?

Suppliers who want to thoroughly deal with new order, should be explored:

Article 44 of the Federal Law 44-FZ.. The general procedure for work is described.
626 . Requirements for the Treaty on Special Council are described.
Government Decree No. 564 . Rules for charging the ETP fee.
The above-mentioned order dated July 13, 2018 1451-R. with a list of banks.

Is the mechanism of special councils in paper purchases?

Some purchases the law still allows you to conduct in paper. Wherein the special purpose does not need to use. The same is relevant and to ensure the execution of the contract. There is an old order - a bank guarantee or the amount of provision to the Customer's current account.

By the way, the bank guarantee can be used to provide an application in electronic purchases, but only From July 1, 2019.

How to turn an existing account into a special?

If the supplier is already a client of one of the above banks mentioned above, then it is possible. After all, a special account is the usual settlement account for which they are introduced special rules. In this case, the Bank gets the right to block and defrost cash at the request of the trading platform.

As for the validity of the Supplier, then he should contact his bank and declare the desire to use an account as a special. Between the client and the bank will be signed eillion agreement in form from paragraph 5 of Resolution No. 626.

How many special accounts can be?

The law requires all banks that open the special councils enter into relevant agreements with each trading platform. This means that the supplier To work on any ETP, it will be enough to open one account in any bank from the list.This is one of the advantages of innovation: now you do not need to keep money on several trading platforms.

It is not forbidden to have several special councils in different banks.

Special accounts will be opened by the rules that are installed for conventional accounts. Including verification by law 115-ФЗ on countering the legalization of income. If all checks are successfully passed, the bank will open the supplier specialist.

Standard set of documents for opening a special purpose:

Treaty
Application application
Constituent documents
EGRULA
Licenses for the right to implement activities subject to licensing
Documents confirming the powers of the sole executive body of the Organization (if he himself will open)
Power of attorney confirming the powers of a person at the conclusion of a bank account agreement
Document certifying the identity of the representative of the organization
Card with sample signatures and print print
Financial status information

Will there be a percentage on the residue on special purpose?

Article 44 of the Law on State Translations, namely, part 26, indicates that The bank charges the percentage of all funds on special. Including on those that are blocked to provide an application. How much is charged - this question must be settled by a contract of special bank account.

In any case, such a mechanism is much more profitable for the supplier than the current order. Now cash is simply blocked on the ETP. The playgrounds use them for their own earnings, but the owners of money do not get anything.

What moment will the money be charged as an application?

Provider opens accountand when decides to participate in the auction, cash to it.
Submitting an application supplier expresses his consent to blocking its collateral. And cash on the account at this point may not be. The main thing is that they were enough at the time of writing off the provision. Follow this will have to the supplier itself.
When accepting applications for ETP is over Within an hour, cash will be blocked. Here you need to pay attention to the time when the ETP ceases to accept applications. An hour can be any, for example, 14:00, 18:00 and so on. That is, it is not at all that on the last day ETP will receive applications until the end of the day.
Defrosting occurs for one working day When the foundations appear for this.

When you unlock money on special purpose?

Money on special posts are unlocked for one working day after one of the events:

the participant's application was rejected;
the participant was removed from participation in the auction;
the participant did not pass the prequalification selection;
the participant did not give any sentences during the auction;
a contract was signed - payment will be paid for the victory, the remaining amount is unlocked.

Will there be a fee from the auction winner to be written off from a special purpose?

Yes, if the participant has a special council, the fee will be. If there is no special account, the participant will be obliged to list the money on the account of the ETP. This may be, for example, when a purchase is carried out with an NMCC to 1 million rubles, which does not establish an application.

Recall that the board is installed by platforms, but the maximum is determined by law. it 1% of the amount of the contract, but not more 5 000 rubles in ordinary purchases and 2 000 rublesIf the purchase is carried out for SMP. The fee will be charged from the winner. If it is evincible, the second participant should not pay anything.

Many suppliers have negatively perceived the news of the introduction of board platforms. However, its size is limited, and it will be charged exclusively from the contractor contract. So participate in the auction it does not hurt. In addition, it is quite possible, additional costs are compensated by interest accrual.

A new mechanism is, in general, good or bad for the supplier?

There are pluses and cons. Positive moments In the following:

You can submit and report applications, and the provision will not be blocked.
No need to make funds to different ETPs - now it is enough to keep them on the same account.
Interest will be accrued to the balance of money.

To relative minuses, or rather, to Additional risks, these circumstances can be attributed:

Bank transfer can sometimes take up to 3 days.
The supplier must ensure that at the time of writing off the provision (on the day and hour of the end of the reception of applications) the money was on the account. If the amount is incomplete, the application will be rejected. It will not be on the filing of a new chance, because the reception period is over.
The percentage on the balance of funds is usually sooo small.

Treaty delivery products N 1519187407751020105003227 (TP ~ .doc 227 (TP ~ .doc

August 02, 2016, 14:34, Question №1333467 Asmik, Taganrog

Turn

Answers of Lawyers (1)

Federal Law of 29.12.2012 N 275-FZ "On State Defense Order"

Article 8.3. Separate use mode
1. The use mode of a separate account provides:
1) the write-off of money only when specifying at the disposal of the state contract identifier;
2) Writing off money only on a separate account, except for the write-off of funds from such an account to other bank accounts in order to:
a) payment of taxes and fees, customs payments, insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Other Mandatory Payments in the Budget System of the Russian Federation established by the legislation of the Russian Federation;

b) payment of expenses for the supply of goods, work, the provision of services at prices (tariffs) to be government regulation. The list of such goods, works, services is approved by the Government of the Russian Federation;
c) the transfer of profit in the amount agreed by the Parties at the conclusion of the contract and provided for by its terms, after the execution of the contract and submission to the authorized bank of the act of acceptance and transfer of goods (the act of completed work provided);
d) transfer by the head executor of funds with a partial execution of the state contract, if the result of such a partial execution is the products adopted by the state customer, in the amount agreed with the state customer and not exceeding the amount of profit to be applied by the state customer in the price of products in the manner prescribed The Government of the Russian Federation to determine the initial (maximum) price of a state contract or the price of a state contract concluded with the only head performer. On the agreed amount of profit to be transferred by the Head Contractor with a partial execution of the state contract, the State Customer notifies the authorized bank. The procedure for notifications is determined by the state customer;

e) settlements with foreign performers involved in the supply of products on the state defense order and included in cooperation within the accompanied transaction. The list of such foreign performers for each accompanied transaction is compiled by the Head Contractor, consistent and submitted to the State Customer to an authorized bank, in which a separate account is opened by the Head Contractor. The procedure for compiling, approval and submission to the authorized bank of the specified list is determined by the state customer;
e) transfer of funds in the amount agreed upon by the parties when concluding a state contract and provided for by its conditions aimed at reimbursement (compensation) within the price of a state contract incurred by the head performer at their own expense (with the exception of funds in certain accounts) stock of products, raw materials, materials, semi-finished products, component products needed to fulfill the state defense order, subject to confirmation by the head performer of the validity of the actual expenses related to the formation of such stock;

e.1) transfer of funds in the amount agreed by the Parties at the conclusion of the contract and provided for by its conditions aimed at reimbursement (compensation) after the execution of the contract within the price of the contract incurred by the Contractor at the expense of their own funds (with the exception of funds in certain accounts) On the formation of stock of products, raw materials, materials, semi-finished products, component products needed to fulfill the state defense order, subject to confirmation by the administrator of the validity of the actual expenses related to the formation of such a stock, after the execution of the contract and submission by the Contractor to the authorized bank an act of acceptance and transfer of goods ( Act of the work performed, services rendered);

e.2) Transferring funds in the amount agreed by the Parties when concluding a contract and provided for by its conditions aimed at reimbursement (compensation) within the price of the contract incurred by the Contractor at the expense of their own funds for the formation of stock products, raw materials, materials, semi-finished products, component parts necessary for the manufacture of products with a long-term production cycle of production in order to fulfill the state defense order, subject to confirmation by the administrator of the validity of the actual expenses related to the formation of such stock;

g) committing permitted operations in accordance with paragraphs 2, 3, 9 and 10 of Article 8.4 of this Federal Law;

h) pay for other expenses worth not more than three million rubles per month;
3) the prohibition of the operations provided for in Article 8.4 of this Federal Law.
2. Separate accounts of the head performer, the performers stipulated by this Federal Law, are subject to closure by the Head Executive, after receiving the authorized bank from the State Customer's notification of the execution of the State Contract. The requirements provided for by part 1 of this article shall be subject to operations on the write-off of funds from a separate account during its closure.

Article 8.4. Operations that are not allowed by a separate account
For a separate account, the following operations are not allowed:
1) provision of loans, loans, loans;
2) Returns of loans, loans and interest on them, except for returning the amounts of loans listed by the authorized bank to the Contractor to a separate account in the same authorized bank for the execution of contracts within the accompanied transaction, and interest according to credits, in the absence (deficiency) of the Advancement under contracts;

3) transfer (issuance) of cash to individuals, with the exception:
a) wages, subject to the simultaneous payment of relevant taxes, insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance;
b) cash payments related to the provision of guarantees and compensation workers provided for by the Labor Code of the Russian Federation (with the exception of compensation for passing costs and hiring residential premises);

4) operations related to the formation of the authorized (share) capital of other legal entities;
5) operations related to the implementation of charitable activities and deposits;
6) the acquisition of foreign currency;
7) purchase of securities (including bills);
8) acquisition of precious metals from credit organizations, precious stones and coins from precious metals;
9) execution of executive documents, with the exception of executive documents providing:
a) transfer (issuance) of funds to meet the requirements for compensation for harm caused to life and health;
b) transfer (issuance) of funds for calculations on the payment of weekend benefits to persons working or working under the employment contract (contract), and (or) to pay for their labor;
c) recovery of funds in the income of the Russian Federation;
10) Placement of funds on deposits, other financial instruments, with the exception of operations related to the placement of cash on deposits in the same authorized bank with the obligatory condition for the transfer of placed funds and interest on deposits for the same individual account in the same authorized bank after the expiration of the deposit agreement;
11) providing guarantees to ensure the fulfillment of obligations, including under the state contract, contract;
12) execution of the assignment agreement (assignment) of the right of claim;
13) implementation of recalcisions;
14) the implementation of operations using electronic money;
15) Writing off funds on other accounts opened in credit institutions, including authorized banks

Gazprombank and VTB 24 along with VTB, Sberbank and Rosselkhozbank will be included in the system of authorized banks under the new law on the control of the funds of the state defense order.

"The law defines the criteria for such a bank: direct or indirect participation of the state in the amount of 50 or more percent, the authorized capital of 100 billion rubles and an extensive network.

Do we need to worry about this type of account? Most often, this type of account is used when both sides of the transaction have mutually exclusive requirements or temporary material conditions of the transaction. For example, if the property is laid, the seller is experiencing difficulties with servicing its loan and has a delay. Another example is the case when there is a trial about the property, there is a court decision, but it has not entered into force, and the parties want to associate a preliminary contract.

For this purpose, a tripartite agreement was concluded between the seller, the buyer and the bank. The most important thing in this type of contract. Formulating the formulations for disposal by blocked money to avoid subjectivism and disputes between the parties; To specify the validity period to meet the conditions; Definition of consequences when conditions are not met within the specified time frame. Appeal to this account is carried out at the discretion of the mediator for the transaction or lawyers of the parties.

Shevtsova noted that a separate special account will be opened for each state contract, the money from which cannot be directed to the targets not provided for by the contract.

The creation of a system of banks authorized to work with the state defense order is designed to guarantee the targeted payment of payments for military contracts.

Previously, a special department engaged in monitoring financial flows allocated to the state defense order was organized as part of the military department.

you can pay up to 3 million in a month from a separate account to the current account. But here, I think you need to understand whether this limit will be allowed for you only for purchasing. Perhaps you have other overhead (rent, travel, transportation costs, etc.). Ivan. From experience. Second-level performers. Authorized Bank - Sberbank.

We already have 10 special councils. Within 3 ml.

Drilling specials

Where to take funds to update fixed assets? At a loan rate in a bank of 20-23 percent and permitted profitability of 20 percent (for any enterprises of all forms of ownership, all sectors), development is excluded.

Banking maintenance of the state defense order

documents that are grounds for payments. Providing information on operations from a separate account; Completion of other actions provided for by law, regulatory acts of the Bank of Russia and other regulatory legal acts of the Russian Federation. Gazprombank (Joint Stock Company) is an authorized bank on the maintenance of a state defense order and has a full range of services provided for by Federal Law to Head Firm and Contractor.

Bank GPB (AO) provides customers with participants in the state defense order service for reserving the number of the individual account for instructions in the concluded contracts.

Indeed, even with the maximum loyal approach of the authorized bank to the tariffs for servicing special accounts and, with the 275-FZ, the requirement of free bank support, representatives of authorized banks have already called the cost of the payment order. This is 25 rubles. Apparently, exclusively of own. Then from what account? With special or from settlement? And is it possible to attribute these costs for the cost of the state defense order?

And if the executive list brings an executive list to the authorized bank, providing for the disappointing write-off of funds from the account of the debtor's enterprise, can the bank refuse to execute, violating the federal legislation on enforcement proceedings, or is obliged to fulfill a document by violating legislation on the state defense order ? After all, the 275-FZ regulates and limits the exclusively voluntary expenditure operations on special accounts, but not forced.

Advance on schedule

Over the past three years, its share in the total production has grown by 10% and reached 63%. For September 2015, the volume of gosprops accounted for 94%. Enterprises are prohabitated by 74% of the plan.

And this is against the background of rather complex phenomena in the economy. Moreover, despite sanctions, we have retained the second place in the world after the United States in terms of military exports. - To compete with adequately in the foreign market, our OPK should provide not only an attractive price and stable product quality, but also to be effective in terms of production organization.

The fact is that, in addition to entering the Ministry of Defense of the Russian Federation, the Federal Antimonopoly Service of Russia and Rosfinmonitoring by new control functions in the field of GOZ execution, banks were connected to the process of compulsory control. As of January 2017, banking support and leading settlements on GOZ is authorized by nine banks.

All of them in some way or otherwise are controlled by the state.

The view number of the account for the implementation of banking operations on a special identifier, then prescribe it in the contract and immediately after signing, rummaged to the bank, as a rule, Mo loves VTB and Sber, they will be given papers there, they will give a list that it is necessary to notarize when everyone fill, you need Will come to the Director-General, and then wait another week. If you have difficulty

At the same time, individual accounts already open in VTB are actively used and cases when the account was opened, but the enterprise could not carry out operations on it, not marked, says Zulina. According to the Deputy Minister of Defense Tatiana Shevtsova, for seven months of operation of a unified information system of calculations created under the Law 275-FZ, on a special purpose of the perpetrators of the state defense order 5,500 contracts received more than 895.6 billion rubles. According to the director of one of the industrial enterprises of weapons for the land forces, paralysis due to the new law really did not occur, but there were serious difficulties associated with the inability to finance the necessary, but not subject to the norms of law.

Top artwork

Without these numbers, it is impossible to carry out calculations with counterparties through special councils in authorized banks. Since the production cycle of manufacturing products of the OPK can be several months, and pay for the supply of components (and, accordingly, to get them) from September 1 there is no possibility, many enterprises have had a real danger of disrupting the completion of the GOZ. In addition, there are still no approved registers of production cooperation, although they are fundamental documents without which it is impossible to work in the framework of the changed law.

Attention!

Gosoboron plane How can I close a special

Ilya. You can pay up to 3 million in a month from a separate account to the current account. But here, I think you need to understand whether this limit will be allowed for you only for purchasing. Perhaps you have other overhead (rent, travel, transportation costs, etc.). Ivan. From experience. Second-level performers. Authorized Bank - Sberbank. We already have 10 special councils. Within 3 ml.

Contradictions in 275-ФЗ about state referee

O.I.] It is intended for settlements carried out within the framework of the accompanied contract. " Those. For operations on one contract with one counterparty. Such a condition allegedly forces us for each artist, with whom we will work as part of the GOZ, to open a new separate account, and, therefore, and to each expense to conclude such a great agreement with the bank. And only psychologically prepared for the opening of an unlimited number of individual accounts, to fascinating work with them, as we see in the text of the contract, a different condition:

"The mutual settlements between the client and all the contractors are carried out in the cooperation of the contract in the course of execution of the contract through the account and individual accounts of the performers."

Who is the new law written?

Here is some of them. According to the 275-FZ, the rights of the State Customer are infringed by the right of the head performer, as the state procurement increases budget allocations at the expense of income from the fines received, penalties from the performers in the event of violations of the law on GOZ. This is contrary to the basics of the civil law of the Russian Federation, since none of the parties to the state contract should receive financial privileges at the expense of the other party. Very many questions on banks.

Drilling specials

2. The collapse of real production through financial manipulations with special councils and money on them. For example, the profit is blocked on specialists before performing the contract contract (1-7 or more). Who will compensate for inflation losses? Where to take funds to update fixed assets? At a loan rate in a bank of 20-23 percent and permitted profitability of 20 percent (for any enterprises of all forms of ownership, all sectors), development is excluded.

Gosoboron plane: Special account and settlement

Work with a specialist in state defense

With special or from settlement?

And is it possible to attribute these costs for the cost of the state defense order? And if the executive list brings an executive list to the authorized bank, providing for the disappointing write-off of funds from the account of the debtor's enterprise, can the bank refuse to execute, violating the federal legislation on enforcement proceedings, or is obliged to fulfill a document by violating legislation on the state defense order ? After all, the 275-FZ regulates and limits the exclusively voluntary expenditure operations on special accounts, but not forced.

Gosoboron Plan: Questions and Answers

we publish as a brief summary of the discussion. - Questions can be sent to us by contacts that are listed on the website of the Ministry of Defense of the Russian Federation in the section of the Department of Financial Monitoring of the State Defense Orders of the Ministry of Defense of the Russian Federation. Also for appeals on the site there is a hot line of financial monitoring of the state defense order. In addition, you can send your questions through the new defense order magazine (Dyfens Media LLC). Answers to questions and appeals are provided in the form of clarification, within the deadlines established by the Federal Law of 02.05.2006.

Settlement and cash services

1. Enrollment of funds to the account in foreign currency is carried out with simultaneous coincidence of the account number and the name of the recipient specified in the settlement document, with the relevant details of the legal entity, the individual entrepreneur and the individual who are engaged in the procedure established by the legislation of the Russian Federation private practice - the Bank's client;

Saratov industrialists require the abolition of the law on state defense

Now the majority of enterprises whose state defense and 70% have stopped their investment programs and purchase of details, "said Stavitsky. In his opinion, according to this law, any enterprise and any contractor will be punished "it will certainly", because it is impossible to perform it. "It is impossible to remake it, you need to cancel it.

It is necessary to create a new law and run it in enterprises ",

Practice of applying the Federal Law on No. 275-FZ "On State Defense Order"

And C - assembly. _________________ Question 1. Is it possible to purchase b united contract that we use for different products (within different state contracts)? How to determine the costs of the resources that we use in the execution of the contract (electricity, rent of premises, wages of workers), when we work at the same time on several contracts. How to determine how much light went to a particular contract?! Similarly, about equipment (laboratory, tool), in common to many state contracts. Shrew something like. Question 1. Her hostiz - the concept is very widespread, it is nails and scissors.

What trumps today have BarnaulTransmash? - In our case, import substitution and state defense associate (GOZ) are connected. Now BarnaulTransMash has a stable, secured defense collector. But in the performance of the Goza there is its own characteristics: from September 1, 2015, we must work on specialists. Not all enterprises turned out to be ready for a new financial scheme. Probably, some transitional period was required. - From September 1, 2015, in accordance with Law No. 275-FZ ("On the State Defense Order". - Approx.

Organizations carrying out the state defense order are required to act strictly within the framework of the current legislation. This also applies to mutual settlements between government customers, head performers and performers. For these purposes, a separate settlement account for the state policy opens in an authorized bank. In this article we will look at why it is needed and how to use it.

Money in the bank, or how to work performers of the state defense order

Why do you need a separate account

According to the provisions of the Federal Law of December 29, 2012 No. 275, a separate nominal account is an account that is open to the Head Contractor (paragraph 7 of Part 1 of Article 7.1), the Contractor (paragraph 7 of Part 2) in an authorized bank for the implementation of mutual settlements According to the state defense scale, on the basis of conditions prescribed in the state (each) contract.

In accordance with the norms of 275-FZ, an authorized bank is a bank created in accordance with the legislation of the Russian Federation, which chooses the head performer. The Bank of Russia places a list of relevant banks on its website monthly. One of the institutions providing banking support of the state defense order is Sberbank, the redundancy of a separate current account on the GOZ is one of the services that can be used online.

All cash that translates the Contractor to the State Customer is targeted and intended directly for the costs of goz. If financial resources are not used, then certain sanctions can be applied to the supplier. Thus, a separate bank account for the state contract is opened for the work of settlements between the state customer and the head performer. The OS closes immediately after providing an authorized bank confirmation bank for the full performance of the State Contract.

What can and what can not

Cash is discharged only when specifying at the disposal of the state contract identifier and only on the OS.

Exceptions from this rule are the following cases:

transmission of insurance premiums, tax payments, fees, customs duties and other expenses intended for payment to the budget of the Russian Federation;
payment of costs for the purchase of goods, works, services subject to state regulation in accordance with the list approved by the Government of the Russian Federation;
mutual settlements with non-residents directly involved in the supply of goods, works, services for the state republic;
the transfer of profit, the amount of which is provided for by the conditions of the state contract, on the fact of its execution and submit to the authorized bank an act of acceptance and transfer of work carried out;
calculations at other expenses not exceeding three million rubles per month.

OS is prohibited to carry out the following types of movements:

providing loan services, provision of loans and various types of loans;
return sums on the above operations and interest on them;
calculations with individuals;
other operations fixed by Art. 8.4 275-FZ.

From a separate account, you can list the amount of labor in compliance with the terms of the simultaneous payment of relevant accruals on labor payment, as well as to pay compensation to compensation in accordance with the Labor Code of the Russian Federation. According to the letter of the Ministry of Finance of Russia No. 03-04-06 / 15565, the one who performs the GOZ can use the OS for settlements, deductions and transfer to the tax budget for personal income from income that were obtained in the form of remuneration.

Authorized banks conclude certain types of bank account agreements on which OS is opened for the production of operations for state defense. UB is also eligible to temporarily suspend operations on OS in agreement with the authorized body of financial control in cases where a certain operation complies with the criteria regulated in the instructions of the Central Bank of the Russian Federation of July 15, 2015 No. 3729-y.

Article 8.3. Separate use mode

Change the rules for working with special councils

The use mode of a separate account provides:

1) the write-off of money only when specifying at the disposal of the state contract identifier;

2) Writing off money only on a separate account, except for the write-off of funds from such an account to other bank accounts in order to:

a) payment of taxes and fees, customs payments, insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Compulsory Medical Insurance and Other Mandatory Payments in the Budget System of the Russian Federation established by the legislation of the Russian Federation;

(as amended by Federal Law of 03.07.2016 N 317-FZ)

(see the text in the previous one)

c) the transfer of profit in the amount agreed by the Parties at the conclusion of the contract and provided for by its terms, after the execution of the contract and submission to the authorized bank of the act of acceptance and transfer of goods (the act of completed work provided);

d) transfer by the head executor of funds with a partial execution of the state contract, if the result of such a partial execution is the products adopted by the state customer, in the amount agreed with the state customer and not exceeding the amount of profits to be applied by the state customer in the price of products in the goods established by the Government Of the Russian Federation to determine the initial (maximum) price of a state contract or the price of a state contract concluded with the only head performer. On the agreed amount of profit to be transferred by the Head Contractor with a partial execution of the state contract, the State Customer notifies the authorized bank. Notifications are determined by the state customer;

(PP. "G" as amended by Federal Law of 03.07.2016 N 317-FZ)

(see the text in the previous one)

e) transfer of funds in the amount agreed upon by the parties when concluding a state contract and provided for by its conditions aimed at reimbursement (compensation) within the price of a state contract incurred by the head performer at their own expense (with the exception of funds in certain accounts) stock of products, raw materials, materials, semi-finished products, component products needed to fulfill the state defense order, subject to confirmation by the head performer of the validity of the actual expenses related to the formation of such stock;

(PP. "E" in the edge of the Federal Law of 03.07.2016 N 317-FZ)

(see the text in the previous one)

(PP. "E.1" is introduced by federal law of 07/03/2016 N 317-FZ)

"E.2" introduced by Federal Law of 03.07.2016 N 317-FZ)

g) committing permitted operations in accordance with paragraphs 2, 3, 9 and 10 of Article 8.4 of this Federal Law;

h) the payment by the head performer of expenses worth not more than five million rubles per month and payment by the Contractor of expenses worth not more than three million rubles per month;

(PP. "W" in the edge of the Federal Law of July 29, 2017 N 237-FZ)

(see the text in the previous one)

2. Separate accounts of the head performer, the performers stipulated by this Federal Law, are subject to closure by the Head Executive, after receiving the authorized bank from the State Customer's notification of the execution of the State Contract. The requirements provided for by part 1 of this article shall be subject to operations on the write-off of funds from a separate account during its closure.

Law №275-FZ dated December 29, 2012. Tightened the requirements for the placement of the state defense order, as well as to calculations between the participants of such a contract. All calculations should be carried out exclusively through special bank accounts (SBS) operating in general mode. You can open it not in every bank, but only in an authorized banking organization. In the article, consider the features of the redundancy of special counters, as well as the requirements for monetary operations on the state defense order.

Special officer according to Gosoboronzakazu

A special settlement account for the state defense order is a special account in an authorized banking organization, an open head performer, who, in turn, concluded a contract with the Russian Ministry of Defense for the fulfillment of the defense order. This is necessary to ensure the security and transparency of calculations on the defense order between the contract participants, as well as to control the targeted use of budget money from the state.

Article 8.1 of Law No. 275-FZ establishes special criteria to banks that are entitled to carry out the service of special counters. To date, meet the established requirements:

PJSC "Bank" Saint-Petersburg".
JSC AKB Novikombank.
PJSC Sberbank.
Bank GPB (AO).
Bank VTB (PJSC).
JSC "AB" Russia ".
JSC "Rosselkhozbank".

Each Bank, in turn, establishes individual rules for opening and reserving the calculated BS for defense order. So, for example, you can reserve the account in Sberbank according to the state defense system. To do this, it is enough to make the company's registration data (OGRN and INN, a form of ownership), specify the identifier of the state contract, enter the mobile phone number and email address. Within 5 business days, it is necessary to confirm the procedure for the opening of a special purpose in the Bank's Office, submitting a complete package of confirming documentation. Otherwise, Sberbank Reservation of the account State Consignment will cancel, and the received funds will return to senders.

And when the BTB is conducted by the reservation of the account of the state defense order, any operations (admission or write-off) are becoming available only after the official conclusion of the contract.

Special purpose for the state defense order how to spend money

For calculations to ensure the defense order, a special mode has been established. The rules are regulated in Article 8.3 of Law No. 275-FZ. The main instructions are:

The Contractor has the right to spend funds from a special settlement account only on advances for services, goods, work, or to ensure needs to fulfill the state defense contract.
Execution of targeted money is carried out only with the identifier of the state contract (ICC). Specify the ICC should be at the disposal (payment order, an application for cash flow and so on) to write-off.
Write-off is carried out only on the defense order special set, therefore all participants in the contract must be opened. There are exceptions in PP. Azh. 2 p. 1 Art. 8.3 of Law No. 275-FZ.
The Bank has the right to suspend the implementation of operations on special accounts for the recovery of fines, penalties, contest and other sanctions (Article 76 of the Tax Code of the Russian Federation).
The closure of the account is carried out by the bank after receiving the notification from the Ministry of Defense of Russia (Customer) on the performance of the State Contract.

What operations are prohibited

There is a wide range of prohibited operations on special accounts for defense order (Art.

8.4 of Law №275-ФЗ). These include calculations on loans and loans that have been nominated for the organization by the Contractor. Also, targeted funds cannot be made in debt or invest in the authorized capital of a third-party company.

Forbidden by any transfers to individuals, except for wages and insurance premiums with hired employees or compensation. Money to fulfill the defense order cannot be sacrificed or transferred to charitable funds or individuals.

Buying foreign currency, precious metals or securities is also illegal.

Special purpose for the state defense order how to spend money

But it is possible to place the targets on the deposit deposit, but the contribution should be opened in the same authorized bank and provided that interest from the money turnover will be credited to this specialist.

The funds for the implementation of the State Defense Contract cannot be used as ensuring the fulfillment of obligations, including under contracts, agreements and contracts.

Controversial questions

Can the executive organization independently replenish special advice?

Can. The need to replenish the account with its money from the organization arises in the case of calculations with an authorized bank for servicing this specialist. Consider target money for banking services.

Executive proceedings are instituted. Can the bank write off the means from the specialist on the actuator? Rental relationship management

In our country, a huge number of apartment buildings are built, which need to be reasonably managed and constantly maintaining in proper condition in order to prevent early muffling and premature wear. For such purposes, the owners of high-rise buildings need to collect money, and open a special care of major overhaul. How and who should be done, will be discussed below.

Choosing a method for collecting funds for overhaul

In accordance with the current legislation, the fundamental fund of high-rise buildings can be formed in two ways:

Special set at home.
Regional operator accounts.

Before opening a special staff building, it is necessary to assemble property owners or HOA and most vote for this action. You should also decide on the amount of payments and the financial and credit company where money will be stored.

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Holders of residential premises themselves decide how to collect funds to the overhaul of the house, while the MinStroy RF advises to discover the account on his home. Thus, you will decide yourself - how to collect and spend money. In the case when the HOA is not elected, the initiative of the Board is transferred to state bodies - the money is saved by the regional operator, it also distributes them by controlling fundraising.

When the property owners in multi-storey buildings decide to open an account in a bank independently, they can simultaneously can not only choose a bank to managing money, but also reduce the waiting time for overhaul. To do this, it will be necessary to overcome several steps to independently manage contributions from high-rise buildings.

Advantages of the opening of the account

The most important advantage of the organization of the specialist is the ability at any time to test its safety and replenishment by the owners of high-rise buildings. In the case of HOA, you need to elect a representative who will do this and report every month before tenants. When creating an account in the name of the regional operator, you will not wait for any detailed reports.

The preferred credit and financial organization monthly accrues percentages into invested money, therefore, choosing a bank where you can make a special advice on the overhaul, it is recommended to carefully examine the storage conditions. Check interest and the amount can be at any convenient time, you can also withdraw money when you want. To do this, you will need the appropriate decision of the Meeting of the HOA.

Creating a personal account in a bank has its own minuses, the main of which is the need for pay for opening and maintenance. In addition, the account on the basis of the regional operator is very rarely included in state or regional subsidy and subsidized programs. It follows from this that it will be necessary to count only on yourself, and the bank due to inflation may fail and declare bankruptcy. All this information must be borne in mind when the special purpose is cleared to the overhaul of an apartment building.

Opening specialscet

The opening of the special purpose occurs after the assembly of the tenants, which decided to save money for the overhaul in such a way. When the account is issued on the HOA, the selected representative refers to banking structures with an appropriate decision. If the regional operator has chosen for these purposes, then all papers address it. The score created on such bases should be used only for direct purpose, that is, to be targeted. There are some subtleties of management such as a score:

when creating, a multi-apartment building is indicated, for which the fundraiser is intended;
money translated on this account are sent only to overhaul;
any owner may, when he wants to require information about the receipt of funds and the operations carried out, for which it is necessary to write a request to the banking institution;
no one has the right to arrest special.

The notice of creating an account and transfer to it enrolled earlier payments address the regional operator of the Fund.

Translation of money from a regional operator for special

When property owners decide on the creation of a special account, this does not mean that money from the regional operator will be transferred there immediately. There are certain subtleties of this operation:

the decision taken by the owner of the real estate that they terminated the contract with the regional operator will be in force no earlier than a year after receiving documents;
in the presence of debts for fees for overhaul, the decision to transfer money will be valid only after their full payment;
when the decision comes into force, the Regional Operator will transfer money no later than five days.

From this time, crediting funds will be assembled on a personal account of a certain multi-storey building.

Main nuances

Opening special needs to be placed in a financial and credit institution, which meets the requirements set out in existing laws and regulations. For example, it is possible to open an account only in organizations that have a general license from the Central Bank to carry out financial transactions, and their authorized capital is at least than 20 billion rubles.

In the process of forming an account, it is impossible to spend money on other needs, and the means it is possible to shoot only after the presentation of the agreement with the contractors and the act on the work produced. In accordance with the law it is possible to list advance payments on the basis of a signed agreement, but in this case the amount should not be more than 30 percent of the total estimates.

Contractors choose real estate owners in the face of HOA. If the term of the overhaul (reflected in the regional list) expires, and there are few money, the owners are independently looking for a way to assemble additional money for work. They can decide to increase monthly contributions or take a bank loan for these purposes.

ATTENTION! With the breakdown of the specified terms of the organization of major repairs, the money from the account of the high-rise building will be transferred to the regional operator to solve local authorities. This will be informed by residents at home.

Also, property owners in high-rise buildings are required to control the timely transfer of funds to the overhaul account, for which the methods of combating non-payers and responsible for these are determined in the decision of the General Assembly. Actions to send by residents of the MKD payments, the collection of contributions and their control entrust the HOA or another authority.

Formation of payment size

According to 171, the article of the Housing Code, when funds are concentrated on a special purpose, the person responsible for its creation is obliged to provide a meeting of the owners of housing payment documentation for payments to overhaul. There are no certain conditions in the Housing Code, which means the possibility of independent regulation of payments in accordance with the possibilities and desires of tenants.

The amount of contributions is calculated based on the needs of the high-rise building, the number of registered citizens and the area of \u200b\u200bresidential premises in the construction. A good option is to forward the responsibilities for determining the amount of payment of the management organization, which accurately has certain experiences in such matters.

When creating a special purpose, it will also be necessary to pay for its opening and maintenance by the banking organization. Personally for this responsibility is not imposed on any tenant. As a rule, in the contract with banking structures, the likelihood of taking money from a special purpose at certain interest rates is regulated.

Payment methods to the regional operator and for special

And the other way implies payment of contributions to receipts, which are sent every month to real estate owners. After making money, banks translate them either to the regional operator or to special high-rise building. For the money collected and there will be a multi-apartment building at a timely renovated. Collect funds only in rubles.

Owners of specialist

The owners of a special account can be regulators, HOA, a cooperative, a management company that serve a high-rise building on a concluded agreement with the owners. No physical people can be the master of special.

If the owners decide to change the method of forming a coamont foundation, they need to hold a meeting and vote for the opening of their own account and transferring money from the regional operator. To approve the solution, half of the tenants of the house plus one voice is necessary.

If necessary, change the owner to the previous and the proposed holder you need to visit the banking institution with a decision of a meeting of the owners of the high-rise building and organize the transfer of the account to other people, making a written statements. The leadership of the financial and credit institution will analyze a similar request for several working days and will inform about the decision of the representatives of the HOA.

Who is responsible at the expense

They manage the money in such a situation owners of real estate. HOA At the same time, only the nominal owner. For targeted spending, a credit and financial company is responsible.

IMPORTANT! Owners can dispose of money, taking the right decisions at the meeting, this concerns only the use of funds specifically for overhaul.

Banks for their part also control the spending of money only for overhaul.

In housing legislation, the obligation to collect money to the overhaul of high-rise buildings is regulated. Caparem is accounted for in huge amounts that are very problematic. Only to replace the roofing coating of Khrushchevka will take at least 1.5 million rubles. Change the elevator equipment and the cabin in the high-rise building - 2 million. It follows from this that the only way to collect money is to save them on special time the required time.

CONTRACTS

Banking structures control the costs of target accounts with the help of documents to collect and issue representatives of the HOA or management companies. This means that only after the work and signing of the relevant papers, the funds will be transferred to contracting organizations. As mentioned above, any owner can request an extract on the movement of funds on the account.

All regional operators take into account the money that the apartment owners lists and publish reports on their pages on the Internet in accordance with the Decree of the Minister. Everyone who wants can view the information about the house, find out the amount of accumulated funds, operations with a score, etc.

Choosing a regional operator

The capital repairs on the special support of the regoperator can be collected after the appropriate choice of apartment owners. Also, the regulator collects funds when the owners of residential premises have not taken any decision on this issue.

Information about the Regional Operator in a specific area you can find out in the authorities of self-government, which operate in your city or settlement. Usually such information is published on sites and in the media.

Benefits for overhaul

There are benefits for payments for overhaul. Do not pay contributions have the right to the following groups of persons:

heroes of the Soviet Union, Cavalers of the Order of Fame;
heroes of the Socytrud;
veterans of labor and war;
disabled;
prisoners of concentration camps;
orphans.

Subsidies can only be provided to persons who do not have debts on housing and hiring services. Also should not be unreleased on the contributions to the overhaul. In addition, many regional authorities provide compensation benefits for payments for overhaul people retirement age:

in the amount of 50 percent - for 70-year-old citizens;
100 percent - for 80-year-old people.

This list is not fixed, it may be supplemented by regional authorities or municipalities. For example, 72 regions approved legislation on compensation payments, and in 13 regions such decrees are still being developed.

Conclusion

It is necessary to open the special advice on the overhaul after the decree of the meeting of property owners. This should be done as soon as possible, otherwise, after a month, the local administration or the municipality is entitled to transfer the building to the regional operator.

Encyclopedia MIP »Housing Law» Overhaul »Performing Special Account Operations

Special bank accounts open and are used to conduct financial transactions related to the work of the capital repairs of the property of an apartment building.

Special bank accounts open and are used to conduct financial transactions related to the work of the capital repairs of the property of an apartment building (MKD). The funds made to the specialist are targeted, the order of their write-off is provided by Article 134 of the LCD.

Types of operations for special

According to part 1 of the article, money from the special purpose is debited by the following needs:

for calculations for work and services provided for by Art. 166 LCD conducted in the process of capital repairs of the property of collective use of the MCD;
to create and design project documents (if it is provided for by law);
for calculating the service system controlling;
to repay credit or borrowed obligations, to pay interest for using borrowed funds, for reimbursement of warranty costs.

Part 2 of Article 174 of the LCD provides for the commission of operations on a special account related to the payment of capital repairs fund (with the consent of apartment owners) for reconstruction or demolition of the building, if it is recognized as emergency or requiring reconstruction.

If a severity is withdrawn, on which the MKD is located, and, consequently, the design of the exemptions from the owners, the funds in the special purpose of the capital repairs fund are subject to distribution among the owners according to the size of the contribution paid by each.
Article 177 of the LCD provides for the types of operations on special accounts:

write-off on the purpose specified in Article 174 of the LCD;
the receipt of contributions to overhaul, interest for improperly executed obligations to pay contributions;
the receipt of interest in the case of the use of funds, transfer of the banking commission provided for by the Special Country Service Treaty;
when changing the special purpose and enrollment of money on the previous account;
when changing the method of formation of the Fund;
other enumerations or revenues that are associated with overhaul.

Documents required for debiting funds from special

To write off the money from the special purpose, the bank is not enough instructions for the account holder. Expenditure operation can be carried out by the bank upon presentation of the following documents:

protocol, which contains a corresponding decision of the General Meeting on the performance of repair work;
agreements with the contractor;
the act of performing work or reception and receiving services, according to the terms of the agreement (except for inconsistencies, which should not exceed 30% of the value of the contract).

When writing off interest on a loan or loan, the bank will require a copy of the loan agreement and the protocol of the Assembly, which contains a decision on lending. The bank will be denied the write-off of funds if the owner of the special purpose will not be provided with a documentary basis.

Banks in which special counsels and owners of such accounts are provided to the claim for the owner's information on perceptions, about residual funds, as well as information on operations carried out on special councils.

Responsibilities of the owner of Spetscheette

The obligations of banks and owners of special counseurs are registered in agreements. So, the owners of the specialist, according to a model contract, are required:

to send to the bank the appropriate protocol of the Assembly of the Owners of the MKD premises on determining the method of accumulating funds in the capital repairs fund;
send a notification, a copy of the protocol on the formation of the capital repairs fund, a bank certificate about the opening of a special purpose;
keep the register of owners of housing and premises of commercial use, where a mandatory monthly contribution of each of them is defined according to the amount of payment for one sq.m;
to form and send payment documents with bank details with the owners of the premises;
lead on the basis of Art. 155 LCD, claim-of-claims in order to recover the penalty for lateness or incomplete payment of fees on overhaul;
carry out registration of accounting and other statements;
lead and provide established statutory timely;
examine a multi-apartment building, to draw up appropriate acts, documentary statements and estimates for each type of work;
if necessary, to organize and prepare design and estimate documentation and examination of such documents on the overhaul of the house;
initiate the collection of owners to approve the register of works or services, estimated documentation, harmonization of work, determining the financing of major repairs;
choose a subcontracting organization and conclude a relevant agreement for the work or provision of services for the overhaul of the building;
carry out control over the organization and work on the overhaul of the house;
take works and services for overhaul;
conduct pritenzyno-lawsuage with contractors for violation of the terms of the contract;
document records of operations in special accounts, to provide the owners of the premises a report on the expenditure of funds.

Bank Responsibilities related to the service of special

Banking obligations in servicing special counters. The bank, on the service of which is the special council, is obliged:

carry out the execution of operations on special account within the framework of the concluded agreement with the account owner;
take on execution payment documentation;
write off funds provided by payment documents;
wallary amounts that have not arrived by order of the owner;
provide copies of extracts, payment documents in the timing established by the Agreement;
provide documentary information containing bank secrecy in the manner prescribed by law;
at the request of the owner of the apartment building and within the time limits established by the Agreement, to provide data on the amount of funds received, on their residue, information on operations carried out in the process of using the special purpose.

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An urgent question

The procedure for holding overhaul MKD at the expense of funds accumulated on the special purpose.

Step-by-step instruction

1st step The work on the overhaul of the general property of the MKD is carried out on the basis of the decision of the general meeting of the owners of the premises in the house, accumulating funds in a special account.

Sample of this protocol you can see here

2nd step - In the decision of the General Assembly, the owners of the MKD premises may indicate that the functions of the technical customer who will conclude a contract with the contractor, they are transferred to the representative of the owners (senior, chairman of the Council of the House or other, authorized by the owner), a managing organization or a regional operator.

3rd step -The person authorized by the owners is the customer concludes an agreement with the contractor for the performance of work and services approved by the decision of the General Meeting of the OSDs of the MCD. In this contract, an advance payment may be provided in the amount of up to 30%.

4th step -The Contractor sends the design - estimate documentation for checking in the state institution of the Tula region - the Regional Hosiest Pricing Center in the construction (Tula, ul. F. Engels, d. 40, vol. 30 - 47 - 63)

5th step - The funds accumulated by the owners of the MKD in a special account for the overhaul of the common property of the house can be listed by the Bank to indicate the owner of a special account to the persons providing services and (or) work on the overhaul of common property , when providing the following documents:

Minutes of the General Meeting of Owners of Premises in an apartment building, containing a decision of such a meeting on the provision of services and (or) on the performance of work on the overhaul of common property;

Agreement on the provision of services and (or) on the performance of work on the overhaul of common property;

Act of acceptance of services rendered and (or) work performed under the contract.

The act is not provided in the case of the direction of documents for the enumeration of the advance.

6th step- This package of documents is sent to the owner of the Special Account - (Regional Operator, Criminal Code, HOA) for checking and sending them to the bank.