home › Other joint diseases › Special account for state defense orders: how to open and where the money can and cannot be spent. Is it possible to pay from a special account to a third party to a regular bank account? Debiting funds from a special account

Special account for state defense orders: how to open and where the money can and cannot be spent. Is it possible to pay from a special account to a third party to a regular bank account? Debiting funds from a special account

A huge number of apartment buildings have been built in our country, which need to be wisely managed and constantly maintained in proper condition in order to prevent early dilapidation and premature wear. For such purposes, the owners of high-rise buildings need to raise money and open a special capital repair account. How and by whom this should be done will be discussed below.

Choosing a method of raising funds for major repairs

In accordance with current legislation, the capital repair fund for high-rise buildings can be formed in two ways:

Special house account.
Regional operator accounts.

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

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right →

Or call us by phone (24/7).

It's fast and free!

Owners of residential premises decide for themselves how to raise funds for major home repairs, while the Ministry of Construction of the Russian Federation advises opening an account specifically for their home. Thus, you will decide for yourself how to collect and spend the money. In the case where the HOA is not elected, the initiative of the board is transferred to state bodies - the regional operator saves the money, and it also distributes it, controlling the collection of funds.

When property owners in multi-storey buildings decide to open a bank account on their own, they can simultaneously not only choose a bank to manage their funds, but also reduce the waiting time for major repairs. To do this, you will need to go through several stages in order to independently manage contributions from residents of high-rise buildings.

Benefits of opening an account

The most important advantage of organizing a special account is the ability to check its safety and replenishment by the owners of high-rise buildings at any time. In the case of an HOA, you need to elect a representative who will deal with this and report every month to the residents. When you create an account in the name of a regional operator, you will not receive any detailed reports.

The preferred financial institution charges interest on the invested money monthly, therefore, when choosing a bank where you can open a special account for major repairs, it is recommended to carefully study the conditions for storing funds. You can check the interest and amount at any convenient time, and you can also withdraw money whenever you want. To do this, you will need an appropriate decision from the HOA meeting.

Creating a personal bank account also has its disadvantages, the main one being the need to pay for opening and maintenance. In addition, an account based on a regional operator is very rarely included in state or regional subsidized and subsidized programs. It follows from this that you will need to rely only on yourself, and the bank may suffer losses due to inflation and declare bankruptcy. All this information must be kept in mind when drawing up a special invoice for major repairs of an apartment building.

Opening a special account

The opening of a special account occurs after a meeting of residents who decided to save money for major repairs in this way. When an account is issued to the HOA, the selected representative contacts the banking structures with the appropriate decision. If a regional operator has been chosen for these purposes, then all papers are addressed to him. An account created on such grounds should be used only for its intended purpose, that is, be targeted. There are some subtleties of managing such an account:

when creating, the multi-apartment building for which the fundraising is intended is indicated;
money transferred to this account is used only for major repairs;
any owner can, whenever he wants, request information about the receipt of funds and transactions performed, for which he needs to write a request to a banking institution;
no one has the right to seize a special account.

Notice of the creation of an account and the transfer of previously credited payments to it is addressed to the regional operator of the Fund.

Transferring money from a regional operator to a special account

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

a resolution adopted by property owners that they have terminated the contract with the regional operator will be valid no earlier than one year after receipt of the documents;
if there are debts for fees for major repairs, the order to transfer money will be valid only after full payment;
when the decision comes into force, the regional operator will transfer the money no later than five days.

From now on, the credited funds will be collected in the personal account of a specific multi-storey building.

Main nuances

The special account to be opened must be placed in a financial institution that meets the requirements set forth in current laws and regulations. For example, you can open an account only in organizations that have a general license from the Central Bank to conduct financial transactions, and their authorized capital is no less than 20 billion rubles.

During the process of creating an account, you cannot spend money on other needs, and funds can only be withdrawn after presenting an agreement with the contractors and a certificate for the work performed. In accordance with the law, it is possible to transfer advance payments based on a signed agreement, but in this case the amount should not be more than 30 percent of the total estimate.

Contractors are chosen by property owners represented by the HOA. If the deadline for major repairs (reflected in the regional list) expires and little money has been collected, then the owners independently look for a way to raise additional money for the work. They may decide to increase monthly contributions or take out a bank loan for this purpose.

ATTENTION! If the specified deadlines for organizing major repairs are missed, the money from the high-rise building’s account will be transferred to the regional operator by decision of the local authorities. Residents of the building will be informed about this.

Also, property owners in high-rise buildings are required to control the timely transfer of funds to the capital repair account, for which purpose the resolution of the general meeting determines methods of dealing with defaulters and the people responsible for this. The actions of sending payment slips to residents of apartment buildings, collecting fees and monitoring them are entrusted to the HOA or other governing body.

Formation of the payment amount

According to Article 171 of the Housing Code, when funds are concentrated in a special account, the person responsible for its creation is obliged to provide the meeting of homeowners with payment documentation for the payment of contributions for major repairs. There are no specific conditions in the Housing Code, which means that payments can be independently regulated in accordance with the capabilities and desires of residents.

The amount of contributions is calculated based on the needs of the high-rise building, the number of registered citizens and the area of residential premises in the building. A good option is to redirect the responsibility for determining the amount of payments to a management organization that definitely has some experience in such matters.

When creating a special account, you will also need to pay for its opening and maintenance by the banking organization. No resident is personally responsible for this. As a rule, the contract with banking institutions regulates the likelihood of withdrawing money from a special account at certain interest rates.

Methods of payment to a regional operator and to a special account

Both methods involve paying fees using receipts that are sent every month to property owners. After depositing money, banks transfer it either to a regional operator or to a special account for a high-rise building. The money raised will be used to overhaul the apartment building in due time. They collect funds only in rubles.

Special account owners

The owners of the special account can be re-operators, homeowners' associations, cooperatives, management companies that service the high-rise building under an agreement concluded with the owners. No individual can be the owner of a special account.

If the owners decide to change the way the capital repair fund is formed, then they need to hold a meeting and vote on opening their own account and transferring money from the regional operator. To approve a decision, half of the residents of the house plus one vote are required.

If it is necessary to change the owner, the previous and intended holder must visit the banking institution with a resolution from the meeting of owners of the high-rise building and organize the transfer of the account to other people by drawing up written statements. The management of the financial and credit institution will review such a request within a few business days and inform representatives of the HOA about the decision.

Who is responsible for the account?

Property owners manage the money in such a situation. The HOA is only the nominal owner. The credit and financial company is responsible for targeted spending.

IMPORTANT! The owners can manage the money by making the necessary decisions at the meeting; this only applies to the use of funds specifically for major repairs.

Banks, for their part, also control the spending of money only on major repairs.

Housing legislation regulates the obligation to collect money for major repairs of high-rise buildings. Major repairs cost huge sums of money, which are very difficult to pay at once. Just to replace the roofing of a Khrushchev building will require at least 1.5 million rubles. To change elevator equipment and cabins in a high-rise building - 2 million. It follows from this that the only way to collect money is to save it in a special account for the required time.

Control over collected money

Banking structures control expenses on target accounts using documents that must be collected and executed by representatives of HOAs or management companies. This means that only after the work has been completed and the relevant papers have been signed, the funds will be transferred to the contractors. As mentioned above, any owner can request a statement of the movement of funds in the account.

All regional operators take into account the money transferred by apartment owners and publish reports on their Internet pages in accordance with the decree of the Ministry of Construction. Anyone who wants can view information about the house, find out the amount of accumulated funds, account transactions, etc.

Selecting a regional operator

The capital repair fund in the special account of the reoperator can be collected after the appropriate selection of apartment owners. The reoperator also collects funds when the owners of residential premises have not made any decision on this issue.

You can find out information about the regional operator in a certain area from the self-government bodies that operate in your city or town. Typically, such information is published on websites and in the media.

Benefits for major repairs

There are benefits for payments for major repairs. The following groups of persons have the right not to pay contributions:

heroes of the Soviet Union, holders of the Order of Glory;
heroes of social labor;
labor and war veterans;
disabled people;
concentration camp prisoners;
orphans.

Subsidies can only be provided to persons who do not have debts to pay for housing and communal services and rent. There should also be no arrears in contributions for major repairs. In addition, many regional authorities provide compensation benefits for payments for major repairs to people of 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 can be supplemented by regional authorities or municipalities. For example, 72 regions have approved legislation on compensation payments, and in 13 regions such regulations are still being developed.

Conclusion

You need to open a special account for major repairs after the resolution of the meeting of property owners. This should be done as quickly as possible, otherwise after a month the local administration or municipality has the right to transfer the building to a regional operator.

SIP Encyclopedia » Housing Law » Major repairs » Transactions on a special account

Special bank accounts are opened and used to conduct financial transactions related to the work of capital repair funds for the property of an apartment building.

Special bank accounts are opened and used to conduct financial transactions related to the work of capital repair funds for the property of an apartment building (MKD). Funds deposited into a special account are earmarked; the procedure for writing them off is provided for in Article 174 of the Housing Code.

Types of transactions on a special account

According to Part 1 of the article, money from the special account is debited for the following needs:

for payments for work and services provided for in Art. 166 residential complexes carried out in the process of major repairs of collective property of apartment buildings;
to create and execute project documents (if required by law);
to pay for construction control services;
to repay credit or borrowed obligations, to pay interest on the use of borrowed funds, to reimburse guarantee expenses.

Part 2 of Article 174 of the Housing Code provides for transactions on a special account related to the payment of expenses of the capital repair fund (with the consent of apartment owners) for the reconstruction or demolition of a building if it is recognized as unsafe or in need of reconstruction.

If the land plot on which the apartment building is located is seized, and, consequently, the seizure of residential premises from the owners is formalized, the funds located in the special account of the capital repair fund are subject to distribution among the owners according to the amount of the contribution paid by each.
Article 177 of the Housing Code provides for the types of transactions on special accounts:

write-off for the purposes specified in Article 174 of the Housing Code;
receipt of contributions for major repairs, interest for improperly fulfilled obligations to pay contributions;
receipt of interest in case of use of funds, transfer of bank commission provided for in the agreement for servicing the special account;
when changing a special account and transferring money from the previous account;
when changing the method of forming the fund;
other transfers or receipts related to major repairs.

Documents required for debiting funds from a special account

To register debiting money from a special account, it is not enough for the bank to indicate the account owner. A debit transaction can be carried out by the bank upon presentation of the following documents:

a protocol containing the corresponding decision of the general meeting on the implementation of repair work;
agreements with the contractor;
an act of completion of work or acceptance and transfer of services, in accordance with the terms of the agreement (except for cases of advance payment, which should not exceed 30% of the contract value).

When writing off interest on a loan or loan, the bank will require a copy of the loan agreement and minutes of the meeting, which contains the decision on lending. The bank will refuse to write off funds if the owner of the special account does not provide a documentary basis.

Banks in which special accounts are opened and the owners of such accounts provide, upon the owner’s request, information on incoming transactions, on residual funds, as well as information on transactions carried out on special accounts.

Responsibilities of the owner of a special account

The obligations of banks and special account holders are specified in the agreements. Thus, the owners of a special account, according to a standard agreement, are obliged to:

send to the bank the corresponding minutes of the meeting of owners of apartment buildings on determining the method of accumulating funds in the capital repair fund;
send, within the prescribed period, a notification, a copy of the protocol on the formation of the capital repair fund, and a bank certificate on opening a special account to the housing supervision authorities;
maintain a register of owners of housing and commercial premises, where the mandatory monthly contribution of each of them is determined according to the amount of payment per sq.m.;
generate and send payment documents with bank details to the owners of the premises;
lead, on the basis of Art. 155 of the Housing Code, claims work in order to collect penalties for late or incomplete payment of contributions for major repairs;
carry out registration of accounting and other reporting;
maintain and timely provide established statistical reporting;
inspect an apartment building, draw up relevant acts, documentary statements and estimates for each type of work;
if necessary, organize and prepare design and estimate documentation and examination of such documents for major repairs of the house;
initiate a meeting of owners to approve the register of works or services, estimate documentation, agree on the deadline for completing the work, and determine the financing of major repairs;
choose a subcontractor and enter into an appropriate agreement to carry out work or provide services for the overhaul of the building;
exercise control over the organization and implementation of work on major repairs of the house;
accept work and services for major repairs;
conduct claims and claims with contractors for violation of contract terms;
keep documented records of transactions on special accounts, provide premises owners with a report on the expenditure of funds.

Responsibilities of the bank related to servicing a special account

Banking obligations when servicing special accounts are standard. The bank servicing the special account is obliged to:

carry out transactions on a special account within the framework of the concluded agreement with the account owner;
accept payment documentation for execution;
write off funds based on provided payment documents;
to search for amounts that were not received by order of the owner;
provide copies of statements and payment documents within the time limits established by the agreement;
provide documentary information containing bank secrecy in the manner prescribed by law;
at the request of the owner of the premises of an apartment building and within the time limits established by the agreement, provide data on the amounts of funds received, their balance, information on transactions carried out in the process of using a special account.

Question answer

Free online legal advice on a special account Ask a question for free and get a lawyer’s answer within 30 minutes

An urgent question

The procedure for carrying out major repairs of apartment buildings using funds accumulated in a special account.

Step-by-step instruction

1st step - Work on major repairs of the common property of the apartment building is carried out on the basis of a decision of the general meeting of owners of premises in the house, accumulating funds in a special account.

You can see a sample of this protocol HERE

2nd step - In the decision of the general meeting, the owners of apartment building premises can indicate that they transfer the functions of the technical Customer, who will enter into an agreement with the contractor, to a representative of the owners (senior, chairman of the House Council or another person authorized by the owners), a management organization, or a regional operator.

3rd step - The person authorized by the owners, the Customer, enters into an agreement with the Contractor to perform work and services approved by the decision of the general meeting of owners of the apartment building. This agreement may provide for an advance payment of up to 30%.

4th step - The contractor sends the design and estimate documentation for verification to the state institution of the Tula region - the regional self-supporting center for pricing in construction (Tula, F. Engels St., 40, t. 30 - 47 - 63)

5th step - Funds accumulated by the owners of apartment buildings in a special account for the overhaul of the common property of the house can be transferred by the bank at the direction of the owner of the special account to the persons providing services and (or) performing work on the overhaul of the common property , upon provision of the following documents:

Minutes of the general meeting of owners of premises in an apartment building, containing the decision of such meeting on the provision of services and (or) on the performance of work on major repairs of common property;

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

Certificate of acceptance of services provided and (or) work performed under the contract.

The certificate is not provided if documents are sent for the transfer of an advance.

6th step- This package of documents is sent to the owner of a special account - (regional operator, management company, homeowners association) for verification and sending them to the bank.

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

“The law defines the criteria for such a bank: direct or indirect state participation of 50 percent or more, 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 parties to a transaction have mutually exclusive requirements or temporary material terms of the transaction. For example, if the property is mortgaged, the seller has difficulty servicing his loan and is in arrears. Another example is a case where there is a court case regarding property, there is a court decision, but it has not entered into force, and the parties want to bind a preliminary agreement.

For this purpose, a tripartite agreement has been concluded between the Seller, the Buyer and the Bank. The most important thing about this type of contract. FORMULATION For the disposal of blocked money in order to avoid subjectivity and disputes between the parties; TO INDICATE THE VALIDITY DURATION to satisfy the conditions; DETERMINING consequences when conditions are not met within specified time frames. Access to such an account is at the discretion of the transaction intermediary or the parties' attorneys.

Shevtsova noted that a separate special account will be opened for each government contract, money from which cannot be used for purposes not provided for in the contract.

The creation of a system of banks authorized to work with state defense orders is intended to guarantee the targeted execution of payments under military contracts.

Previously, a special department was organized within the military department to monitor financial flows allocated for state defense orders.

Yes, you can pay up to 3 million per month from a separate account to a current account. But here, I think, you need to understand whether it is profitable for you to use this limit only for purchases. Perhaps you have other overhead expenses (rent, travel expenses, transportation expenses, etc.). Ivan. From experience. Second level performers. The authorized bank is Sberbank.

We already have 10 special accounts. Within 3 ml.

Devastating special account

Where to get funds to update fixed assets? With a bank loan rate of 20–23 percent and an allowed profitability of 20 percent (for any enterprise of all forms of ownership, all industries), development is excluded.

Banking support for state defense orders

documents that serve as the basis for making payments. Providing information on transactions from a separate account; performing other actions provided for by law, regulations of the Bank of Russia and other regulatory legal acts of the Russian Federation. Gazprombank (Joint Stock Company) is an authorized bank to support state defense orders and provides the Lead Contractors and Contractors with a full range of services provided for by Federal Law.

Bank GPB (JSC) provides clients participating in the state defense order with the service of reserving a separate account number to indicate in concluded contracts.

Indeed, even with the most loyal approach of the authorized bank to tariffs for servicing special accounts and with the requirement for free banking support established by 275-FZ, representatives of authorized banks have already named the cost of processing a payment order. This is 25 rubles. Apparently, exclusively from their own. Then from what account? From a special one or from a calculated one? And can these expenses be attributed to the cost of the state defense order?

And, if a bailiff brings a writ of execution to an authorized bank, providing for the direct debiting of funds from the account of a debtor enterprise, can the bank refuse execution, violating federal legislation on enforcement proceedings, or is it obliged to execute the document, violating the legislation on state defense procurement? ? After all, 275-FZ regulates and limits exclusively voluntary expenditure transactions on special accounts, but not forced ones.

Advance on schedule

Over the past three years, its share in total production has increased by 10% and reached 63%. As of September 2015, the volume of placement of state defense orders amounted to 94%. Enterprises have advanced 74% of the plan.

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

The fact is that, in addition to vesting the Ministry of Defense of the Russian Federation, the Federal Antimonopoly Service of Russia and Rosfinmonitoring with new control functions in the field of implementation of the state defense order, banks were involved in the process of mandatory control. As of January 2017, nine banks are authorized to provide banking support and conduct settlements under the state defense order.

All of them are controlled by the state in one way or another.

You see the account number for carrying out banking operations using a special identifier, then write it down in the contract and immediately after signing, rush to the bank, as a rule, the Moscow Region loves VTB and Sberbank, they will give you papers, give you a list of what needs to be notarized, when you fill out everything, you need the general director will come and then wait another week. If you have any difficulties

At the same time, separate accounts already opened at VTB are actively used and there are no cases where an account was opened, but the company was unable to carry out operations on it, says Zulina. According to Deputy Minister of Defense Tatyana Shevtsova, during the seven months of operation of the unified information payment system created under Law 275-FZ, more than 895.6 billion rubles were received into the special accounts of state defense order contractors under 5,500 contracts. According to the director of one of the enterprises in the armament industry for the Ground Forces, paralysis did not really occur due to the new law, but serious difficulties arose due to the inability to finance necessary, but not covered by the law, expenses.

Hatchet work

Without these numbers, it is impossible to conduct settlements with counterparties through special accounts in authorized banks. Since the production cycle for manufacturing defense-industrial complex products can take several months, and it is not possible to pay for the supply of components (and, accordingly, receive them) from September 1, many enterprises have a real danger of disrupting the implementation of the state defense order. In addition, there are still no approved registers of industrial cooperation, although they are fundamental documents, without which it is impossible to work within the framework of the amended law.

Attention!

State defense order how to close a special account

Ilya. Yes, you can pay up to 3 million per month from a separate account to a current account. But here, I think, you need to understand whether it is profitable for you to use this limit only for purchases. Perhaps you have other overhead expenses (rent, travel expenses, transportation expenses, etc.). Ivan. From experience. Second level performers. The authorized bank is Sberbank. We already have 10 special accounts. Within 3 ml.

Contradictions in Federal Law 275 on state defense procurement

O.I.] is intended for settlements carried out within the framework of the accompanied contract.” Those. for transactions under one contract with one counterparty. This condition allegedly forces us to open a new separate account for each contractor with whom we will work within the framework of the State Defense Order, and, consequently, to enter into such an excellent agreement with the bank for each Account. And just as we were psychologically prepared to open an unlimited number of separate accounts and to have fun working with them, we see another condition in the text of the agreement:

“Mutual settlements between the Client and all contractors included in the cooperation of the main contractor during the execution of the contract are carried out through the Account and separate accounts of the contractors”

For whom is the new law written?

Here are some of them. According to 275-FZ, the rights of the state customer infringe on the rights of the main contractor, since they increase budgetary allocations to the state customer at the expense of income from received fines and penalties from contractors in case of violations of the law under the State Defense Order. This contradicts the basics of civil legislation of the Russian Federation, since neither party to a government contract should receive financial privileges at the expense of the other party. There are a lot of questions about banks.

Devastating special account

2. The collapse of real production through financial manipulations with special accounts and money in them. For example, profits are blocked in special accounts until the main contractor fulfills the contract (1–7 or more years). Who will compensate for inflation losses? Where to get funds to update fixed assets? With a bank loan rate of 20–23 percent and an allowed profitability of 20 percent (for any enterprise of all forms of ownership, all industries), development is excluded.

State defense order: special account and settlement

Working with a special account for state defense orders

From a special one or from a calculated one?

And can these expenses be attributed to the cost of the state defense order? And, if a bailiff brings a writ of execution to an authorized bank, providing for the direct debiting of funds from the account of a debtor enterprise, can the bank refuse execution, violating federal legislation on enforcement proceedings, or is it obliged to execute the document, violating the legislation on state defense procurement? ? After all, 275-FZ regulates and limits exclusively voluntary expenditure transactions on special accounts, but not forced ones.

State Defense Order: QUESTIONS and ANSWERS

we publish as a brief summary of the discussion that took place. – Questions can be sent to us via the contacts 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 Order of the Ministry of Defense of the Russian Federation. There is also a hotline for financial monitoring of the state defense order on the website for inquiries. In addition, you can send your questions through the magazine “New Defense Order” (Defense Media LLC). Answers to questions and requests are provided in the form of clarification, within the time limits established by the Federal Law of May 2, 2006.

Settlement and cash services

1. funds are credited to an account in foreign currency if the account number and name of the recipient specified in the payment document coincide with the corresponding details of a legal entity, individual entrepreneur and individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation - a client of the Bank;

Saratov industrialists demand the repeal of the law on state defense procurement

Now the majority of enterprises whose state defense orders exceed 70% have stopped their investment programs and the purchase of parts,” Stavitsky said. In his opinion, under this law, any enterprise and any contractor will be punished “with absolute percentage”, because it is impossible to comply with it. “It is impossible to remake it, it needs to be abolished.

We need to create a new law and test it in enterprises,”

Practice of application of Federal Law No. 275-FZ “On State Defense Order”

And C – assembly. _________________ Question 1. Is it possible to purchase B, which we use for different products (under different government contracts), under a single contract? How to determine the costs of resources that we use in fulfilling a contract (electricity, rent of premises, wages of workers) when we simultaneously work on several contracts. How to determine how much light was spent on a particular contract?! The same applies to equipment (laboratories, instruments), common to many government contracts. They screwed it up somehow. Question 1. Hardware is a very broad concept, it includes nails and scissors.

What trump cards does Barnaultransmash have today? — In our case, import substitution and state defense orders (SDO) are connected. Now Barnaultransmash has a stable, secure defense order. But the implementation of the State Defense Order has its own peculiarities: from September 1, 2015, we must work on special accounts. Not all enterprises were ready for the new financial scheme. Probably some kind of transition period was required. — From September 1, 2015, in accordance with Law No. 275-FZ (“On State Defense Order.” — Note.

Organizations carrying out state defense orders are required to act strictly within the framework of current legislation. This also applies to mutual settlements between government customers, main contractors and performers. For these purposes, a separate current account for state defense orders is opened 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 as contractors of state defense orders

Why do you need a separate account?

According to the provisions of Federal Law No. 275 dated December 29, 2012, a separate nominal account is an account that is opened for the head executor (clause 7, part 1, article 7.1), the executor (clause 7, part 2) in an authorized bank for mutual settlements under the state defense order on the basis of the conditions specified 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 is selected by the main executive. The Bank of Russia publishes a list of relevant banks on its website monthly. One of the institutions that provides banking support for state defense orders is Sberbank; reserving a separate current account for the state defense order is one of the services that can be used online.

All funds that the state customer transfers to the contractor are targeted and are intended directly for expenses under the state defense order. If funds are used for other purposes, the supplier may be subject to certain sanctions. Thus, a separate bank account for the government contract is opened for settlements between the government customer and the main contractor. The OS is closed immediately after confirmation of full execution of the government contract is provided to the authorized bank.

Do's and don'ts

Funds are debited only when the government contract identifier is indicated in the order and only on the operating system.

Exceptions to this rule are the following cases:

transfer 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 acquisition 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, and services under state defense orders;
transfer of profit, the amount of which is provided for by the terms of the government contract, upon its execution and provision of the acceptance certificate for the work performed to the authorized bank;
calculations for other expenses not exceeding three million rubles per month.

According to the operating system, the following types of movements are prohibited:

provision of credit services, granting loans and various types of loans;
return of amounts for the above operations and interest on them;
settlements with individuals;
other operations enshrined in Art. 8.4 275-FZ.

From a separate account, you can transfer amounts for wages, subject to the conditions of simultaneous payment of the corresponding accruals for wages, as well as for the payment of compensation to employees in accordance with the Labor Code of the Russian Federation. According to Letter of the Ministry of Finance of Russia No. 03-04-06/15565, those who execute the State Defense Order can use OS for calculations, withholdings and transfers to the budget of personal income tax on income received in the form of wages.

Authorized banks enter into certain types of bank account agreements, according to which the operating system is opened for operations on state defense orders. UBs also have the right to temporarily suspend operations on fixed assets in agreement with the authorized financial control body in cases where a certain operation meets the criteria regulated in the instruction of the Central Bank of the Russian Federation dated July 15, 2015 No. 3729-U.

Article 8.3. Mode of using a separate account

The rules for working with special accounts are changing

The mode of using a separate account provides for:

1) write-off of funds only if the government contract identifier is indicated in the order;

2) writing off funds only to a separate account, with the exception of writing off funds from such an account to other bank accounts for the purposes of:

a) payment of taxes and fees, customs duties, insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and other obligatory payments to the budget system of the Russian Federation established by the legislation of the Russian Federation;

(as amended by Federal Law dated July 3, 2016 N 317-FZ)

(see text in previous)

b) payment of expenses for the supply of goods, performance of work, provision of services at prices (tariffs) subject to state regulation. The list of such goods, works, services is approved by the Government of the Russian Federation;

c) transfer of profit in the amount agreed upon by the parties when concluding the contract and provided for by its terms, after execution of the contract and submission to the authorized bank of the certificate of acceptance and transfer of goods (certificate of work performed, services rendered);

d) transfer by the head contractor of funds upon partial execution of a state contract, if the result of such partial execution is products accepted by the state customer, in an amount agreed with the state customer and not exceeding the amount of profit to be applied by the state customer as part of the price of the product in the amount established by the Government Russian Federation to determine the initial (maximum) price of a government contract or the price of a government contract concluded with a single lead contractor. The state customer notifies the authorized bank of the agreed amount of profit to be transferred by the lead contractor upon partial execution of the state contract. notifications are determined by the state customer;

(clause “g” as amended by Federal Law dated July 3, 2016 N 317-FZ)

(see text in previous)

e) settlements with foreign contractors participating in the supply of products under the state defense order and entering into cooperation as part of the supported transaction. The list of such foreign executors for each supported transaction is compiled by the lead executor, agreed upon and submitted by the state customer to the authorized bank in which a separate account is opened by the lead executor. compilation, approval and submission to the authorized bank of the specified list is determined by the state customer;

f) transfer of funds in the amount agreed upon by the parties at the conclusion of the state contract and provided for by its terms, aimed at reimbursement (compensation) within the price of the state contract incurred by the main contractor at the expense of its own funds (except for funds located in separate accounts) of the costs of formation stock of products, raw materials, materials, semi-finished products, components necessary to fulfill the state defense order, subject to confirmation by the main contractor of the validity of the actual costs associated with the formation of such a stock;

(clause “e” as amended by Federal Law dated July 3, 2016 N 317-FZ)

(see text in previous)

e.1) transfer of funds in the amount agreed upon by the parties at the conclusion of the contract and provided for by its terms, aimed at reimbursement (compensation) after execution of the contract within the contract price for expenses incurred by the contractor at his own expense (except for funds in separate accounts) for the formation of a stock of products, raw materials, materials, semi-finished products, components necessary to fulfill the state defense order, subject to the contractor confirming the validity of the actual costs associated with the formation of such a stock, after the execution of the contract and the submission by the contractor to the authorized bank of the goods acceptance certificate ( certificate of work performed, services rendered);

(clause “e.1” was introduced by Federal Law dated July 3, 2016 N 317-FZ)

e.2) transfer of funds in the amount agreed upon by the parties at the conclusion of the contract and provided for by its terms, aimed at reimbursement (compensation) within the contract price for expenses incurred by the contractor at his own expense for the formation of a stock of products, raw materials, supplies, semi-finished products, components , necessary for the manufacture of products with a long technological production cycle in order to fulfill the state defense order, subject to confirmation by the contractor of the validity of the actual costs associated with the formation of such a stock;

“e.2” was introduced by Federal Law dated July 3, 2016 N 317-FZ)

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

h) payment by the head contractor of expenses in the amount of no more than five million rubles per month and payment by the contractor of expenses in the amount of no more than three million rubles per month;

(clause “z” as amended by Federal Law dated July 29, 2017 N 237-FZ)

(see text in previous)

2. Separate accounts of the head executor, executors, provided for by this Federal Law, are subject to closure by the head executor, executors after the authorized bank receives notification from the state customer about the execution of the state contract. Transactions involving the debiting of funds from a separate account upon its closure are not subject to the requirements provided for in Part 1 of this article.

Law No. 275-FZ of December 29, 2012. tightened the requirements for placing a state defense order, as well as for settlements between participants in such a contract. All payments must be carried out exclusively through special bank accounts (SBA) operating in a general mode. It can not be opened in every bank, but only in an authorized banking organization. In the article we will consider the features of reserving special accounts, as well as the requirements for monetary transactions under the state defense order.

Special account for state defense orders

A special current account for a state defense order is a special account in an authorized banking organization, opened by the main contractor, who, in turn, entered into a contract with the Russian Ministry of Defense for the execution of a defense order. This is necessary to ensure the security and transparency of payments for defense orders between the parties to the contract, as well as to exercise control over the targeted use of budget money by the state.

Article 8.1 of Law No. 275-FZ establishes special criteria for banks that have the right to service special accounts. To date, they meet the established requirements:

PJSC "Bank" Saint-Petersburg".
JSC JSCB NOVIKOMBANK.
PJSC Sberbank.
Bank GPB (JSC).
VTB Bank (PJSC).
JSC AB RUSSIA.
JSC Rosselkhozbank.

Each bank, in turn, establishes individual rules for opening and reserving settlement accounts for defense orders. For example, you can reserve an account with Sberbank for state defense orders online. To do this, it is enough to enter the company’s registration data (OGRN and TIN, form of ownership), indicate the government contract ID, enter the mobile phone number and email address. Within 5 working days, you must confirm the procedure for opening a special account at a bank branch by submitting a complete package of supporting documentation. Otherwise, Sberbank will cancel the reservation of the state defense order account and return the received funds to the senders.

And when VTB reserves a state defense order account, any operations (receipt or write-off) become available only after the official conclusion of the contract.

Special accounts for state defense orders, how to spend money

A special regime has been established for payments to secure defense orders. The rules are regulated in Article 8.3 of Law No. 275-FZ. The basic instructions are:

The Contractor has the right to spend funds from a special current account only on advances for services, goods, work, or to meet the needs for the implementation of a state defense contract.
Spending of target money is carried out only with the indication of the government contract identifier (GCI). The IGK should be indicated in the order (payment order, application for cash expenses, etc.) for write-off.
Write-offs are carried out only to special accounts for defense orders, so all parties to the contract must have such accounts open. Exceptions are provided in paragraphs. a-z part 2 clause 1 art. 8.3 of Law No. 275-FZ.
The bank has the right to suspend transactions on special accounts to collect fines, penalties, penalties and other sanctions (Article 76 of the Tax Code of the Russian Federation).
The account is closed by the bank after receiving a notification from the Russian Ministry of Defense (customer) about the execution of the government contract.

What operations are prohibited?

A wide list of prohibited transactions on special accounts for defense orders has been established (Art.

8.4 of Law No. 275-FZ). These include settlements on loans and borrowings registered with the performing organization. Also, target funds cannot be lent or invested in the authorized capital of a third-party company.

Any transfers to individuals are prohibited, except for wages and insurance premiums for hired employees or compensation. Money for the implementation of a defense order cannot be donated or transferred to charities or individuals.

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

Special accounts for state defense orders: how to spend money

But it is possible to place targeted funds on a deposit account, but the deposit must be opened in the same authorized bank and on the condition that interest on the turnover of money will be credited to this special account.

Funds for the implementation of a state defense contract cannot be used as security for the fulfillment of obligations, including under treaties, agreements and contracts.

Controversial issues

Can the implementing organization independently replenish the special account?

Maybe. The need for an organization to replenish an account with its own money arises in the case of settlements with an authorized bank for servicing this special account. You cannot spend earmarked money on banking services.

Enforcement proceedings have been initiated against the performer. Can a bank write off funds from a special account based on a writ of execution? Lease management

Gazprombank and VTB 24, along with VTB, Sberbank and Rosselkhozbank, will be included in the system of authorized banks under the new law on control of state defense procurement funds. “The law defines the criteria for such a bank: direct or indirect state participation of 50 percent or more, 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 parties to a transaction have mutually exclusive requirements or temporary material terms of the transaction. For example, if the property is mortgaged, the seller has difficulty servicing his loan and is in arrears. Another example is a case where there is a court case regarding property, there is a court decision, but it has not entered into force, and the parties want to bind a preliminary agreement.

The procedure for opening and closing a special account within the state government

This is necessary to ensure the security and transparency of payments for defense orders between the parties to the contract, as well as to exercise control over the targeted use of budget money by the state. Article 8.1 of Law No. 275-FZ establishes special criteria for banks that have the right to service special accounts. To date, they meet the established requirements:

PJSC "Bank" Saint-Petersburg".
JSC JSCB NOVIKOMBANK.
PJSC Sberbank.
Bank GPB (JSC).
VTB Bank (PJSC).
JSC AB RUSSIA.
JSC Rosselkhozbank.

Working with a special account for state defense orders

Then from what account? From a special one or from a calculated one? And can these expenses be attributed to the cost of the state defense order? And, if a bailiff brings a writ of execution to an authorized bank, providing for the direct debiting of funds from the account of a debtor enterprise, can the bank refuse execution, violating federal legislation on enforcement proceedings, or is it obliged to execute the document, violating the legislation on state defense procurement? ? After all, 275-FZ regulates and limits exclusively voluntary expenditure transactions on special accounts, but not forced ones. State Defense Order: QUESTIONS and ANSWERS we publish as a brief summary of the discussion.

Working with special accounts. state defense order how to close a special account

In his opinion, under this law, any enterprise and any contractor will be punished “with absolute percentage”, because it is impossible to comply with it. “It is impossible to remake it, it needs to be abolished. It is necessary to create a new law and test it at enterprises,” Practice of application of the Federal Law No. 275-FZ “On State Defense Order” AND S - assembly. Question 1. Is it possible to purchase Bs that we use for different products (under different government contracts) under a single contract? How to determine the costs of resources that we use in fulfilling a contract (electricity, rent of premises, wages of workers) when we simultaneously work on several contracts.
How to determine how much light was spent on a particular contract?! The same applies to equipment (laboratories, instruments), common to many government contracts. They screwed it up somehow. Question 1.

How to close a defense special account

Attention

Perhaps you have other overhead expenses (rent, travel expenses, transportation expenses, etc.). Ivan. From experience. Second level performers. The authorized bank is Sberbank. We already have 10 special accounts. Within 3 ml. Contradictions in 275-FZ on state defense orders O.I.] is intended for carrying out calculations carried out within the framework of the accompanied contract.”

Those. for transactions under one contract with one counterparty. This condition allegedly forces us to open a new separate account for each contractor with whom we will work within the framework of the State Defense Order, and, consequently, to enter into such an excellent agreement with the bank for each Account.

Special accounts for state defense orders: how to spend money

As of January 2017, nine banks are authorized to provide banking support and conduct settlements under the state defense order. All of them are controlled by the state in one way or another. You see the account number for carrying out banking operations using a special identifier, then write it down in the contract and immediately after signing, rush to the bank, as a rule, the Moscow Region loves VTB and Sberbank, they will give you papers, give you a list of what needs to be notarized, when you fill out everything, you need the general director will come and then wait another week.
If you have any difficulties At the same time, separate accounts already opened at VTB are actively used and there are no cases where the account was opened, but the company was unable to carry out operations on it, says Zulina.

How not to make mistakes when working with a special account for state defense orders

The account is closed by the bank after receiving a notification from the Russian Ministry of Defense (customer) about the execution of the government contract.

To do this, it is enough to enter the company’s registration data (OGRN and TIN, form of ownership), indicate the government contract ID, enter the mobile phone number and email address. Within 5 working days, you must confirm the procedure for opening a special account at a bank branch by submitting a complete package of supporting documentation. Otherwise, Sberbank will cancel the reservation of the state defense order account and return the received funds to the senders.

Info

And when VTB reserves a state defense order account, any operations (receipt or write-off) become available only after the official conclusion of the contract. Special accounts for state defense orders, how to spend money A special regime has been established for payments to ensure defense orders. The rules are regulated in Article 8.3 of Law No. 275-FZ.

The Federal Law requirement for free banking support, representatives of authorized banks have already named the cost of processing a payment order. This is 25 rubles. Apparently, exclusively from their own. Then from what account? From a special one or from a calculated one? And can these expenses be attributed to the cost of the state defense order? And, if a bailiff brings a writ of execution to an authorized bank, providing for the direct debiting of funds from the account of a debtor enterprise, can the bank refuse execution, violating federal legislation on enforcement proceedings, or is it obliged to execute the document, violating the legislation on state defense procurement? ? After all, 275-FZ regulates and limits exclusively voluntary expenditure transactions on special accounts, but not forced ones.

How to close special accounts for state defense orders

Important

In the article we will consider the features of reserving special accounts, as well as the requirements for monetary transactions under the state defense order. Special account for the state defense order A special current account for the state defense order is a special account in an authorized banking organization, opened by the main contractor, who, in turn, entered into a contract with the Russian Ministry of Defense for the execution of the defense order.

This issue is regulated by Art. 52 GRK RF

GRK RF Article 52. Construction, reconstruction, major repairs of a capital construction project

1. Construction, reconstruction of capital construction projects, as well as their major repairs are regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. Work under contracts for construction, reconstruction, major repairs of capital construction projects concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as the construction contract) must be carried out only by individual entrepreneurs or legal entities persons who are members of self-regulatory organizations in the field of construction, reconstruction, major repairs of capital construction projects, unless otherwise established by this article. The execution of construction, reconstruction, and major repairs of capital construction projects under such contracts is provided by construction organization specialists (chief project engineers). Work under contracts for construction, reconstruction, and major repairs of capital construction projects concluded with other persons can be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

(see text in the previous edition)

2.1. An individual entrepreneur or a legal entity that is not a member of self-regulatory organizations in the field of construction, reconstruction, major repairs of capital construction projects can perform work under construction contracts concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator, if the amount of obligations under each of such agreements does not exceed three million rubles.

2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, and major repairs of capital construction projects is not required:

1) state and municipal unitary enterprises, including state and municipal treasury enterprises, state and municipal institutions if they conclude construction contracts with federal executive authorities, state corporations that carry out legal regulation in the relevant area, state authorities of the constituent entities of the Russian Federation, local government bodies in charge of such enterprises, institutions, or in the case of such enterprises, institutions performing the functions of a technical customer on behalf of the specified federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local government bodies;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, if such commercial organizations conclude construction contracts with the specified enterprises, institutions, as well as with federal executive bodies authorities, state corporations, government bodies of constituent entities of the Russian Federation, local government bodies, which are provided for in paragraph 1 of this part and are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified enterprises, institutions, federal authorities executive power, state corporations, government bodies of the constituent entities of the Russian Federation, local governments;

3) legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purposes of carrying out activities in which such legal entities are created) , as well as commercial organizations, in the authorized (share) capitals of which the share of the specified legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the specified legal entities or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified legal entities ;

4) legal entities in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, in the established areas of activity in which the specified legal entities carry out statutory activities, or in the case of the specified legal entities performing the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in the authorized (share) capitals in which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, legal entities, or in the event that such commercial organizations perform the functions of a technical customer from the names of the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, legal entities;

(see text in the previous edition)

3. The person carrying out construction, reconstruction, major repairs of a capital construction project (hereinafter referred to as the person carrying out construction) may be a developer or an individual entrepreneur or a legal entity that has entered into a construction contract. The person carrying out the construction ensures compliance with the requirements of design documentation, technical regulations, safety precautions during the specified work and is responsible for the quality of the work performed and their compliance with the requirements of the design documentation and (or) information model (if the formation and maintenance of the information model is mandatory in accordance with the requirements of this Code).

(see text in the previous edition)

3.1. The developer has the right to carry out construction, reconstruction, major repairs of capital construction projects independently, provided that he is a member of a self-regulatory organization in the field of construction, reconstruction, major repairs of capital construction projects, unless otherwise provided by this article, or with the involvement of other persons under a construction contract .

(see text in the previous edition)

3.2. In the case of issuing a permit for individual stages of construction, reconstruction of capital construction projects, individual entrepreneurs or legal entities that are members of a self-regulatory organization in the field of construction, reconstruction of capital construction projects (unless otherwise provided for in this article) may be engaged by the developer or technical customer on the basis of a construction contract contract for the implementation of individual stages of construction, reconstruction of a capital construction project.

(see text in the previous edition)

4. When carrying out construction, reconstruction, major repairs of a capital construction project on the basis of a construction contract with the developer or technical customer, the person responsible for the operation of the building, structure, regional operator, these persons must prepare a land plot for construction and (or) a capital construction project for reconstruction or major repairs, as well as transfer to the individual entrepreneur or legal entity with which such an agreement is concluded, materials and results of engineering surveys, design documentation, and a construction permit. If it is necessary to stop work or suspend it for more than six months, the developer or technical customer must ensure conservation of the capital construction project.

(see text in the previous edition)

5. If, in accordance with this Code, during the construction or reconstruction of a capital construction project, state construction supervision is provided, the developer or technical customer in advance, but no later than seven working days before the start of construction, reconstruction of the capital construction project must send to the authorized implementation of state construction supervision by a federal executive body, an executive body of a constituent entity of the Russian Federation or the State Atomic Energy Corporation "Rosatom" (hereinafter also referred to as state construction supervision bodies) notice of the start of such work, to which the following documents are attached:

(see text in the previous edition)

1) a copy of the construction permit;

2) design documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction;

(see text in the previous edition)

3) a copy of the document on the placement of indentation lines from the red lines on the ground;

4) general and special journals in which records of work are kept;

5) a positive conclusion from the examination of project documentation if the design documentation of a capital construction project is subject to examination in accordance with Article 49 of this Code.

(see text in the previous edition)

5.1. The person carrying out construction has the right not to submit the documents provided for in paragraphs 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request the specified documents (the information contained in them) from the authority that issued the construction permit.

(see text in the previous edition)

5.2. If changes are made to the design documentation that has received a positive conclusion from the examination of design documentation, in accordance with parts 3.8 and 3.9 of Article 49 of this Code after receiving permission to construct a capital construction project, the developer or technical customer no later than ten working days from the date of approval of such changes in accordance Sections 15.2 and 15.3 of Article 48 of this Code send them to the state construction supervision authorities.

5.3. In cases established by the Government of the Russian Federation, the documents (their copies or information contained in them) specified in paragraphs 1-5 of part 5 of this article are provided by the developer or technical customer in the form of an information model.

6. The person carrying out construction is obliged to carry out construction, reconstruction, major repairs of a capital construction project in accordance with the design assignment, design documentation and (or) information model (if the formation and maintenance of an information model is mandatory in accordance with the requirements of this Code), requirements for the construction, reconstruction of a capital construction project established on the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit, the permitted use of the land plot, restrictions established in accordance with land and other legislation of the Russian Federation, the requirements of technical regulations and when This ensures the safety of work for third parties and the environment, compliance with labor safety requirements, and the safety of cultural heritage sites. The person carrying out construction is also obliged to provide access to the territory on which construction, reconstruction, major repairs of a capital construction project are carried out, representatives of the developer, technical customer, person responsible for the operation of the building, structure, or regional operator, state construction supervision authorities, provide them the necessary documentation, carry out construction control, ensure the maintenance of as-built documentation, notify the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, representatives of state construction supervision authorities about the completion dates of the work that are subject to inspection, ensure the elimination of identified deficiencies and not begin to continue work until reports on the elimination of identified deficiencies are drawn up, and ensure control over the quality of the building materials used.

(see text in the previous edition)

7. Deviation of the parameters of a capital construction project from the design documentation, the need for which was revealed during the construction, reconstruction, or major repairs of such a facility, is permitted only on the basis of design documentation newly approved by the developer, technical customer, person responsible for the operation of the building, structure, or regional operator after making appropriate changes to it in accordance with this Code, including in the manner prescribed by parts 3.8 and 3.9 of Article 49 of this Code.

(see text in the previous edition)

8. If an object that has signs of a cultural heritage object is discovered during construction, reconstruction, or major repairs, the person carrying out the construction must suspend construction, reconstruction, or major repairs, and notify the authorities provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object.
Ask an additional question

2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, capital repairs of capital construction projects is not required: 1) state and municipal unitary enterprises, including state and municipal government enterprises, state and municipal institutions if they conclude construction contracts with federal executive bodies authorities, state corporations that carry out regulatory and legal regulation in the relevant field, government bodies of the constituent entities of the Russian Federation, local government bodies that are in charge of such enterprises, institutions, or in the case of such enterprises, institutions performing the functions of a technical customer on behalf of these federal authorities executive power, state corporations, government bodies of the constituent entities of the Russian Federation, local governments; 2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the specified enterprises, institutions, as well as with federal executive bodies authorities, state corporations, government bodies of constituent entities of the Russian Federation, local government bodies, which are provided for in paragraph 1 of this part and are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified enterprises, institutions, federal executive bodies authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments; 3) legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purposes of carrying out activities in which such legal entities are created), as well as commercial organizations, in the authorized (share) capitals of which the share of the specified legal entities is more than fifty percent, if such commercial organizations conclude construction contracts with the specified legal entities or if such commercial organizations perform the functions of a technical customer on behalf of the specified legal entities; 4) legal entities in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, in the established areas of activity in which the specified legal entities carry out statutory activities, or in the case of the specified legal entities performing the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in the authorized (share) capitals in which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, legal entities, or in the event that such commercial organizations perform the functions of a technical customer from the names of the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, legal entities; 5) persons carrying out construction, reconstruction, major repairs of facilities specified in paragraphs 1-3 of part 17 of article 51 of this Code.

On 07/29/2019
0 Comments
223-FZ, 44-FZ, AGZRT, Bank guarantee, Gazprombank, State Defense Order, EETP, NMCC, RAD, RTS tender, Sberbank-AST, SMP, Special account, TEK Torg, Electronic procurement, Electronic auction, ETP

From October 1, 2018, all procedures are transferred to the ETP, and suppliers must open . Let's see what interests them most in this regard, and give answers to pressing questions.

What types of procurement do the rules apply to?

The special invoice mechanism applies to all competitive purchases under 44-FZ in electronic form. They will at nine sites, including one specialized for state defense orders:

Sberbank-AST
AGZRT
RTS-Tender
National electronic platform
Russian auction house
ETP GPB
TEK-Torg
AST GOZ

In addition, the mechanism of special accounts will be extended for purchases among small and medium-sized businesses according to law 223-FZ. From October 1, they should be held at federal electronic trading platforms.

Registration in ERUZ EIS
From January 1 2020 year to participate in tenders under 44-FZ, 223-FZ and 615-PP registration is required in the ERUZ register (Unified Register of Procurement Participants) on the EIS (Unified Information System) portal in the field of procurement zakupki.gov.ru.
We provide a service for registration in the ERUZ in the EIS:

In which bank can I open a special account?

List of credit institutions determined by the Government in order dated July 13, 2018 1451-r. There are only 18 of them:

"Sberbank of Russia"
"VTB Bank"
"Gazprombank"
"Russian Agricultural Bank"
"Alfa Bank"
"Credit Bank of Moscow"
Otkritie Financial Corporation
"Raiffeisenbank"
"Rosbank"
"All-Russian Regional Development Bank"
"Promsvyazbank"
"Joint Stock Bank "Russia""
"Bank "Saint-Petersburg"
"Sovcombank"
"Russian National Commercial Bank"
"Joint-stock commercial bank "RosEvroBank""
"OTP Bank"
"UniCredit Bank"

What documents regulate the procedure for using special accounts?

Suppliers who want to thoroughly understand the new order should review:

Article 44 of the Federal Law 44-FZ. The general operating procedure is described.
626 . The requirements for a special account agreement are described.
Government Decree No. 564 . The rules for charging ETP fees are described.
The above-mentioned order dated July 13, 2018 1451-r with a list of banks.

Is the special invoice mechanism used in paper procurement?

The law still allows some purchases to be made in paper form. Wherein There is no need to use special accounts. The same is true for enforcing a contract. The old procedure applies - a bank guarantee or security amount to the customer's bank account.

By the way, a bank guarantee can also be used to secure an application in electronic procurement, but only from July 1, 2019.

How to turn an existing account into a special one?

If the supplier is already a client of one of the banks mentioned above, then this is possible. After all, a special account is a regular current account for which you enter special rules. In this case, the bank receives the right to block and unfreeze funds at the request of the trading platform.

As for the action of the supplier, he should contact his bank and declare his desire to use the account as a special one. Between the client and the bank will be signed d additional agreement in the form from paragraph 5 of Resolution No. 626.

How many special accounts can there be?

The law requires that all banks opening special accounts enter into appropriate agreements with each trading platform. This means that the supplier To work on any electronic trading platform, it will be enough to open one account in any bank from the list. This is one of the advantages of the innovation: now you no longer need to keep money on several trading platforms.

However, it is not prohibited to have several special accounts in different banks.

Special accounts will be opened according to the rules established for regular current accounts. In particular, an audit will be carried out under Law 115-FZ on combating income laundering. If all checks are successfully completed, the bank will open a special account for the supplier.

Standard set of documents for opening a special account:

Agreement
Application for accession
Constituent documents
Unified State Register of Legal Entities
Licenses for the right to carry out 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 authority of a person to conclude a bank account agreement
Identity document of a representative of the organization
Card with signature samples and seal imprint
Information about financial position

Will interest accrue on the balance in the special account?

Article 44 of the public procurement law, namely part 26, states that The bank charges interest on all funds in the special account. Including those that are blocked to secure the application. How much to charge - this issue should be settled by a special bank account agreement.

In any case, such a mechanism is much more profitable for the supplier than the current procedure. Now funds are simply blocked on the ETP. The sites use them for their own earnings, but the owners of the money do not receive anything from it.

At what point will money be written off as security for the application?

Provider opens an account and, when deciding to bid, transfers funds to him.
By submitting an application, the supplier expresses its consent to blocking its security. Moreover, there may be no funds in the account at this moment. The main thing is that there are enough of them at the time of writing off the collateral. The supplier himself will have to monitor this.
When the acceptance of applications for the ETP is completed, within an hour the funds will be blocked. Here you need to pay attention to the time when the ETP stops accepting applications. The hour can be any, for example, 14:00, 18:00 and so on. That is, it is not at all necessary that on the last day the ETP will accept applications until the end of the day.
Defrosting occurs within one business day when grounds for this arise.

When will the money in the special account be unblocked?

Money in the special account is unblocked within one business day after one of the events:

the participant's application was rejected;
the participant was suspended from participating in the auction;
the participant did not pass the prequalification selection;
the participant did not submit a single proposal during the auction;
the contract was signed - the payment for the victory will be debited, the rest of the amount will be released.

Will the winning bidder's fee be debited from a special account?

Yes, if the participant has a special account, then the fee will be . If there is no special account, the participant will be obliged to transfer money to the ETP account. This can happen, for example, when a purchase is carried out from NMCC for up to 1 million rubles, for which application security has not been established.

Let us remind you that the fee is set by the sites, but the maximum is determined by law. This 1% of the contract amount, but not more 5,000 rubles in regular purchases, and 2,000 rubles, if the purchase is carried out for SMP. The fee will be charged to the winner. If he evades, then the second participant does not have to pay anything.

Many suppliers reacted negatively to the news about the introduction of fees by sites. However, its size is limited, and it is collected exclusively from the executor of the government contract. So it won't hurt to participate in the auction. In addition, it is quite possible that additional costs will be offset by interest charges.

Is the new mechanism generally good or bad for the supplier?

The application has its pros and cons. Positive points in the following:

You can submit and withdraw applications, but the collateral will not be blocked.
There is no need to deposit funds to different ETPs - now it is enough to keep them in one account.
Interest will be charged on the remaining balance.

To the relative disadvantages, or rather, to additional risks, the following circumstances may include:

Bank transfer can sometimes take up to 3 days.
The supplier must ensure that at the time the collateral is written off (on the day and hour the application deadline ends) the money is in the account. If the amount is incomplete, the application will be rejected. There will be no chance to submit a new one, because the admission period has expired.
The interest on the balance is usually very small.

Popular in the category: