Bank guarantees against deposits are widely used in banking practice, as they are the most effective method of protecting the guarantor. In accordance with the norms of 44-FZ, the bank does not have the right to refuse to pay the guarantee amount to the beneficiary. After this, the guarantor sends a recourse claim to the executor to compensate for its losses. This process may take a significant amount of time. The bank is incurring losses all this time because it cannot reimburse the funds paid. If there is a security deposit (BG), the financial institution has the right to offset obligations or impose a ban on termination of the contract.

The guarantor is interested in issuing a BG secured by a deposit, as this can significantly reduce the risk of losses in the event of the principal’s failure to fulfill its obligations. Securing a bank guarantee with a deposit allows the bank to provide highly liquid collateral without diverting working capital.

A cash collateral or deposit can serve as security for a bank guarantee. This may be necessary when registering a BG for contracts worth more than 170 million rubles or in cases where the principal needs to provide additional confirmation of his solvency.

Registration of a bank guarantee secured by a deposit

By choosing a deposit or cash collateral as security for a bank guarantee, you can count on the bank’s most loyal conditions and fast processing. Within the framework of the agreement, a deposit and a pledge of property rights can be used simultaneously. A standard package of documents is required for registration.

Documents required for issuing a bank guarantee against a deposit

• Company registration documents (constituent documentation, copy of the manager’s passport, charter, etc.).
• An extract from the Unified State Register of Legal Entities received no later than 30 days before the application.
• The company's financial statements for the last year (forms 1 and 2) or annual declaration for companies using the simplified taxation system.
• Deposit agreement with the bank.
• Registration number of the tender (link to the tender).

To speed up the issuance of a bank guarantee secured by a deposit, it is recommended to contact a professional broker.

Gostender Style can provide urgent issuance of a guarantee within 1 banking day (with additional payment). placed in the Unified State Register on the day of issue, after which it can be used to secure government contracts.

For many of our readers, it is interesting how the state guarantee of deposits works this year? Will the insurance amount change, are there any restrictions for receiving this amount or not? But first things first.

Operation of the deposit insurance system in 2019

Yes, indeed there are certain changes. For example, previously deposits in the accounts of individual entrepreneurs were not insured. Now they are subject to payment in the event of bank bankruptcy in the same way as those opened by individuals.

The guaranteed amount remained the same as in 2015 - it is 1,400,000 rubles, i.e. 1.4 million rubles. This decision was made at the beginning of 2016. in order to attract funds from individuals to banking organizations, you can read more about this.

What does this number mean? If you have deposited an amount less than or equal to 1.4 million rubles into a bank deposit account, then if an insured event occurs (most often it is the revocation of a banking company’s license), you will be able to return the entire amount. In this case, both your contribution and accrued interest during the contract period are taken into account.

If the size of your deposit exceeded the amount of 1,400 thousand rubles, then you will be able to receive the guaranteed amount, and the remaining funds only after the sale of bank property. In this case, payments are made in order of priority from investors and shareholders.

Important: The maximum refund amount includes your down payment, all top-ups, and accrued interest. Moreover, if you placed a foreign currency on deposit, then the payment will be made in rubles, converted to the exchange rate of the Central Bank of the Russian Federation, which was in effect on the date of revocation of the bank’s license.

What deposits are subject to insurance:

• Urgent,
• Poste restante,
• Accounts on cards, this also includes salary and pension cards,
• Current debit accounts.

1. Bearer deposits
2. savings books,
3. Savings certificates,
4. Metal bills, i.e. Compulsory medical insurance,
5. Opened on trust terms,
6. Accounts opened in foreign branches of the bank.

Do all banks participate in this system?

Most financial and credit organizations in Russia do cooperate with the DIA, however, not all are participants. The point is that cooperation is not mandatory. Those banks that consider this necessary for themselves submit an application and annually pay cash contributions for their clients.

But there are also those who do not want to do this. As a rule, these are small regional firms or institutions that have opened recently. They either didn’t have time to do this or decided to save money.

How do you know if the bank you choose is a participant in the deposit insurance system? There are several ways to do this:

1. Call his hotline
2. Visit one of its branches,
3. Look for this information on his official website.

But the most reliable way is to go to the official website of the Central Bank of the Russian Federation via the link cbr.ru/credit/ and go to the “Directory of Credit Institutions” section. In the search bar, write the name of the company you need and find out all the information you are interested in about it.

Who handles the payments?

In order to guarantee the protection of the interests and rights of depositors in Russia, a special state corporation was created called the Deposit Insurance Agency. It appeared in 2004, its activities are regulated by Federal Law of December 23, 2003 No. 177-FZ “On insurance of deposits in banks of the Russian Federation.”

This organization is completely state-owned, its activities are not aimed at making a profit. Its goal is to represent and protect the interests of consumers.

In order to ensure the functioning of the deposit insurance system, the Agency is engaged in the payment of monetary compensation to individuals and individual entrepreneurs whose banks in which they opened accounts were declared bankrupt and deprived of a banking license. Payments are made through specially appointed agent banks.

In addition to working directly with the population, the Agency is also vested with the following functions:

• implementation of liquidation procedures,
• appointment of a bankruptcy trustee,
• financial rehabilitation of banks (rehabilitation),
• control over participants in compulsory pension insurance in the Russian Federation; at the moment, 34 non-state pension funds are part of the system of guaranteeing the rights of insured persons.

What to do if your bank has lost its license?

Many Russians are lost in a situation when they find out that the banking institution in which they are served has been deprived of a license from the Central Bank. However, this is not true; there is no need to worry about your money disappearing somewhere.

Not at all, you don’t need to panic, you need to calmly wait for the request to appear on the bank’s official website, where it will be said who will make the payments. The DIA agency is engaged in this; it also appoints companies through which investors can receive their funds back.

When providing a loan, the bank must have a guarantee that the client will repay the debt on time and in full. For this purpose, some institutions provide loans secured by purchased objects, while others sign a security deposit agreement. It all depends on the policy of the lending institution.

Definition

The guarantee deposit is the amount of funds that the client makes as a guarantee of the fulfillment of the obligations assumed. The need for it arises when applying for a loan. Why should a client who has money provide it as collateral? The client may not have the required amount, and having a guarantee deposit, the bank can issue a loan under more favorable conditions for the client.

A deposit is the most liquid type of collateral, since it does not require time for implementation. Taking this factor into account, the bank can adjust the loan servicing conditions in favor of the client. If a person has savings and regular income, then it is more profitable for him to take out a loan secured by available funds.

Terms of Use

The bank can use funds from such a deposit:

• Use to satisfy your own claims against the borrower related to delays in fulfilling obligations.
• Do not return to the client until he has fully fulfilled all obligations assumed.
• Require proof of the source of funds.

However, the credit institution does not have the right to use these funds to cover its own expenses or for other purposes not related to the borrower.

Peculiarities

A guarantee deposit protects the rights of the lender, guaranteeing that the client fulfills the obligations assumed by him. This deposit is used to offset claims against the borrower. Rights under the deposit cannot be transferred to a third party. A loan is considered guaranteed if the client fails to fulfill obligations under the loan agreement. In this case, the borrower cannot establish additional conditions to secure the debt.

Let's consider the main conditions under which interest-free guarantee deposits are serviced.

• Deposit: more than 100 thousand rubles.
• Validity period: corresponds to the validity period of the loan agreement.
• Security: fulfillment of obligations under the loan agreement.
• Withdrawal of funds: upon written request from the client at least 1 day before the operation.
• Partial withdrawal: not available.
• Additional contributions: not accepted.
• Deposit income: paid upon expiration of the deposit period.

Decor

A security deposit at the bank is issued before signing the loan agreement at the branch. In this case, both contracts must have the same completion date, or the deposit can be issued for a longer period. The total amount of debt, taking into account commissions and fees, should not exceed 90% of the deposit. The bank's remuneration will be 5-18 percentage points higher than the deposit rate.

No bank deposit can be security for a loan. To use it as a guarantee, it is necessary to stipulate in the text of the agreement that the investor guarantees obligations to the creditor. Upon completion of the contract and fulfillment of all obligations, the funds are freely returned to the client.

Requirements

There are special requirements for clients who apply for a security deposit. A bank account can be opened by both residents and non-residents. A potential client must meet the following requirements:

• Availability of Russian citizenship or permission to stay on the territory of the Russian Federation.
• Minimum age is 18 years.
• Registration on the territory of the Russian Federation.

To sign the contract, the client must provide:

• Passport or ID.
• Deposit agreement, if the client already has a fixed-term deposit open at the bank.
• Loan agreement or credit card service agreement.

If the guarantee deposit is concluded with legal entities and individual entrepreneurs, then its circulation is carried out in accordance with Art. 23 Civil Code. If an individual closes an individual entrepreneur, then all the rules relating to private individuals apply to him. One of them is to return all funds upon the client’s first request (Article 837 of the Civil Code). This rule contradicts the very essence of the security deposit. Therefore, banks enter into additional agreements if the client agrees to the request to cancel the account. The guarantee deposit in this case is serviced at a lower interest rate.

Advantages and disadvantages

A loan secured by a deposit is quickly processed and makes it possible to obtain a loan on more favorable terms, since the transaction does not require an assessment of the collateral.

The following limitations should be noted:

• The maximum loan volume is limited by the amount of the deposit placed. Banks issue a loan in the range of 70-90% of the deposit amount.
• It is not possible to extend the loan. The maximum period for its use cannot exceed the validity period of the deposit. As a result, the bank will return the deposit to the client only after he has repaid all obligations.

Legal basis

Although a security deposit in a bank is intended to protect the rights of the creditor, the principles of its use are not spelled out in detail in civil laws. There is Bank of Russia Regulation N 254-P “On the procedure for creating reserves for possible losses.” Based on the interpretations presented in it, we will try to determine the legal nature of the agreement.

The document states that a guarantee deposit is a deposit placed with an organization by a legal entity that has outstanding obligations to the bank. This transaction is formalized by an ordinary bank deposit agreement, which is concluded to ensure the fulfillment of the debtor’s obligations. An ordinary deposit cannot be used in this context, since it contains a different subject of regulation.

In order for funds to be used as collateral, the corresponding clause must be stated in the text of the contract. Otherwise, all actions of the bank to repay the debt using the deposit can be used in court. It is also important to stipulate in the agreement the procedure and conditions for writing off funds to repay the loan debt.

However, when considering cases related to deposits, judicial authorities recognize that some aspects of the use of this instrument are still prescribed in the legislation. According to Art. 421 of the Civil Code, an agreement in which there are elements of several agreements is considered as mixed. With its help, you can regulate various relations between the parties. Therefore, the relations of the parties within the framework of this document should be regulated by the rules of bank deposit (Chapter 44 of the Civil Code), offset (Chapter 26 of the Civil Code), and regulations on methods of securing obligations (Chapter 23).

Security deposit: accounting at the enterprise

Let's take a closer look at how to reflect the movement of funds on a deposit.

If the company uses the accrual method, then interest should be reflected in income on a monthly basis. The deposit amount should be reflected in account 55 (58). How to reflect the security deposit in the bookkeeping account? Postings using DT account 009 show that the amount of funds listed on DT55 is collateral. The credit institution's remuneration for providing a guarantee should be reflected in the entry DT 44 (20, 25, 91) CT 76.

Other postings:

• DT55-3 KT51 - transfer of money to the deposit.
• DT51 KT55-3 - refund from the bank.
• DT76 KT91-1 - interest is calculated monthly.
• DT51 KT76 - transfer of monthly interest to a regular account.
• DT55-3 KT76 - interest accrual at the end of the deposit period.
• DT51 KT55-3 - transfer of interest to the current account.
• Analytics is carried out for each deposit separately.
• Analytical accounting for account 55-3 “Deposit accounts” is maintained for each deposit separately.

Tax accounting guarantee

If an organization has issued a guarantee, then you should know how to take into account the costs of paying for the service when calculating income tax. If obtaining a guarantee is not a mandatory condition of activity, then the costs of servicing it are classified as non-operating. This situation may arise, for example, if the company participates in a tender. Organizations engaged in tour operator activities are required by law to have a bank guarantee. For them, all costs associated with servicing the contract are included in other expenses. Accordingly, when calculating tax, expenses can be written off in equal parts over the entire period of the contract.

In the following cases, expenses should be immediately written off to the original cost of the property:

• return of funds raised for the purchase of OS;
• payment for goods and materials shipped to the supplier.

Let us consider in more detail the cases of using a security deposit.

Rent

The owner of the premises may set conditions for securing obligations with a deposit. In this case, the tenant pays rent for the first and last months. The owner becomes protected from losses in the event of termination of the contract ahead of schedule, and the client is protected from claims by the apartment owner. There is no need to conclude a separate agreement; it is enough to draw up an annex to the agreement and specify in it the conditions for using the security deposit. At the end of the contract, the funds are returned to the tenant.

Construction

A security deposit of money is not issued, since currency is not considered a thing. But in practice, it is possible to withhold part of the cost of work to ensure future expenses in case of poor quality work. If there are no claims upon certification of construction, the security deposit is returned to the contractor.

When submitting work, form No. KS-3 is used. It serves as an act of reconciliation of mutual settlements. All deductions and actual transfers of amounts are recorded on the form. Consider how the security deposit is reflected in the accounting book.

General contractor

Accounting in such cases involves the use of account 62 to display the amounts of deductions. If during the validity period of the deposit the customer discovers shortcomings in the work, then he is obliged to submit a claim and demand: to eliminate the shortcomings, compensate for expenses or reduce the cost of the order (Article 723 of the Civil Code). The claim is drawn up in a separate document and must be reflected in the accounting records with the following entries:

• DT62 KT90 - the customer accepted the work.
• DT90 KT 68 - VAT charged.
• DT51 KT62 - payment is transferred taking into account withholding.
• DT91 KT76 - claim accepted.
• DT76 KT62 - claim paid.

Customer

In the client’s accounting system, claims should be reflected in the following entries:

• DT76.2 KT60 - filing a claim.
• DT50 KT76.2 - satisfaction of the claim by the general contractor.
• DT20 KT76.2 - write-off of unrecognized amounts.

Supply contracts

Security deposits are sometimes used in sales transactions. The customer plays the role of the buyer, and the supplier - the performer. The supply agreement specifies the quality of the goods, delivery conditions, terms of acceptance of products and compensation payments. The buyer pays an advance amount. At the same time, the process of issuing a bank guarantee begins. The supplier makes a request to the bank to verify the client's solvency. If the client’s financial condition does not raise any questions, then the supplier releases the goods without money and waits for full payment. The client receives a deferred payment and repays the debt only upon receipt of the products.

Security deposit

Security deposit

Security deposit - an amount deposited in a clearing house by its member as a guarantee of the fulfillment of his obligations to the chamber. The security deposit is not a partial payment or purchase.

In English: Security deposit

Synonyms: Security deposit

See also: Clearing houses

Finam Financial Dictionary.

See what “Security Deposit” is in other dictionaries:

security deposit- Money paid in advance to protect the supplier of a product or service against possible damage resulting from the buyer's actions or failure to pay the required amount. For example, landlords require a security deposit equal to one month's rent... ...

SECURITY DEPOSIT- (refundable ecurity depo it) the amount paid by the lessee to the leasing company as security for its obligations under the leasing contract, which is fully returned to the lessee at the end of the leasing term or at another... ... Foreign economic explanatory dictionary

Security deposit- (original) Is synonymous with the term margin. The amount of money deposited into the client's account with the broker for each exchange contract as a guarantee of the fulfillment of the futures contract. This contribution does not constitute a partial payment or purchase. Cm … Investment Dictionary

Security deposit (deposit)- 6.2.2. a guarantee deposit (deposit) placed with a credit institution by a creditor is a deposit (deposit) of a legal entity that has unfulfilled monetary obligations to the credit institution or obligations that have arisen (which may... ... Official terminology

Deposit- (Deposit) Contents Contents Definition Placement on deposit The concept and legal nature of a bank deposit Nuances of Russian banking practice Certificate of Deposit A ​​deposit (bank) is an amount placed in… … Investor Encyclopedia

goodwill deposit- In general: a nominal amount of money given to demonstrate the intention to perform a contract. Commodities: A margin deposit required when buying or selling futures contracts. The size of such deposits is usually... ... Financial and investment explanatory dictionary

See Security Deposit Guarantee Dictionary of business terms. Akademik.ru. 2001... Dictionary of business terms

guarantee deposit- Guarantee, initial deposit; a sum of money representing a stipulated portion of the total value of a futures contract or a lump sum that must be paid by the exchange member to the clearing house and by the clients to the broker when the contract... ... Technical Translator's Guide

A cash deposit paid by a member of the exchange to the clearing house, and by the client to the broker when registering a contract. D.g. represents a portion of the value of the futures contract and usually ranges from 5 to 10% of the value of the futures contract. Dictionary… … Dictionary of business terms

English secutiry deposit is an amount deposited with a clearing house as a guarantee that a member of the chamber will fulfill his obligations. Dictionary of business terms. Akademik.ru. 2001... Dictionary of business terms

When issuing loans, financial institutions seek to obtain collateral in the form of property, third party guarantees or a security deposit. The bank has the right to use these funds if the client defaults on the loan.

Features of a loan secured by a deposit

If there is a guarantee deposit, the bank is more loyal to the client. It requires a smaller package of documents, and if the deposit is large, an income certificate is not required.

Sometimes banks ask you to prove that the money on deposit belongs to the borrower. A deed of gift or a purchase and sale agreement serves as supporting documents.

The interest on a loan secured by a deposit is lower, since with conventional lending banks increase the interest rate, and if some clients do not repay the loan, the income from the rest will cover the costs. With a guarantee deposit, the bank does not require additional collateral in the form of interest.

The contribution itself differs from the standard ones. It cannot be withdrawn until the loan is fully repaid. Interest is either not paid at all, or it is less than for other types of deposits.

Security deposit for consumer loans

Security deposits are used as additional collateral for large consumer loans. The deposit size must be at least 30% of the loan.

The security deposit should not belong to the borrower. Its owner may be a guarantor or a non-bank credit institution. Typically, in such a case, the same interest is charged on the deposit as with standard storage of money. The borrower receives his loan at a lower interest rate. The bank has additional guarantees. The guarantor is charged interest.

If the borrower refuses to pay, the bank resorts to standard methods of collection: reminder, withdrawal of money from the current account. Using a deposit to pay off a loan is a last resort.

Security deposit for credit card

There are programs in which the security deposit acts as collateral for a credit card. The client uses the deposit itself to accumulate funds for his own purposes. Interest is calculated at the standard rate. The account can be replenished.

If a person needs money, he withdraws it from the card. The debt can be repaid within an interest-free period. Then the client loses nothing.

Differences between a security deposit and a cash deposit

Security deposits for renting property and cars are mistakenly put on a par with bank guarantee deposits, but they have differences:

• The landlord has the right to use the cash deposit at any time during the term of the contract. If the tenant of the apartment damages the furniture, the owner restores it at the expense of the deposit. The Bank uses deposit funds only as a last resort.
• The amount of the cash deposit is several times less than the security deposit. It is equal to one or two monthly rent payments. The bank requires a minimum of 30% of the loan amount.
• If the tenant terminates the contract early, a penalty is withheld from the cash deposit. When the borrower repays the loan, he receives the deposit in full.

Conclusion

In practice, banks rarely refuse to lend against a security deposit. Therefore, it is often used by people with bad credit. The rest take cards with deposit security. They help if you urgently need a small amount for a short period of time. Getting such a card is much easier than a standard credit card.