Special settlement accounts for business entities are designed to ensure the proper distribution of funds. What are they and how are they used, what is a special bank account - consider further.

Special accounts are created to transfer funds from other current accounts. For example, when receiving payment from customers, suppliers and paying agents. In other words, payments are the source of receipt of funds to the special account.

Purpose of the account - targeted transactions through cashless payments.

Who is obliged to use a special account in their activities?

Legal entities and individual entrepreneurs receiving payments are obliged to deposit cash in banking institutions with their subsequent transfer to a special account. This procedure is regulated by law for the following categories of business entities:

• providers engaged in the supply of services when engaging paying agents;
• legal entities and individual entrepreneurs that accept payments from citizens;
• banking agents (subagents) accepting payments through terminals and using ATMs.

Special bank account for state defense orders

A special bank account for the state defense order allows you to use the accumulated funds to pay for services and consumer needs. Write-off of funds and their use is regulated by law. In particular, the identification number of the corresponding order is used for payment, and in the rules of use there are clauses that allow you to cancel the write-off of fines, taxes and penalties under certain conditions.

Opening

How is the opening of a special account for the state defense order in Sberbank and other financial institutions? In order to open a special account for the state defense order, the bank must fulfill a number of requirements:

• own capital (including working capital) must exceed 100 billion rubles;
• the authorized capital is expressed as a share of 50% or more;
• the activity is based on legal grounds, confirmed by a license and approved by the state;
• awareness of activities related to secret developments;
• no special conditions.

In order to prevent fraudulent activities and corruption schemes, there are a number of special conditions for opening a special account for the state defense order.

Registration procedure

Previously, the business entity will need to collect the necessary package of documents, fill out special forms and collect all signatures, certify the papers accordingly and submit documents to a banking institution.

When the bank makes a positive decision on this application, an agreement on opening an account is concluded with the participation of both parties.

Important! During the working day, the bank enters data on the opening in the registration book, which informs the applicant. Further, the contractor is given 7 days to notify the FSS, IFTS, PFR about the operation.

For payment, a non-cash method is used. Payment orders and all necessary documents require detailed and error-free completion.

Responsibility for violation of the rules

Transferred funds from the special account must be directed strictly for the intended purpose.

Violation of the rules established by law entails penalties:

1. For failure to perform work or provide services, a fine of 1 million rubles is levied.
2. For misuse of allocated funds - recovery of 5-25% of the monetary penalty from the declared amount.
3. Violation of the rules for spending accumulated funds - fine from 500 to 1,000,000 rubles.

Legal relations between the state, the customer and the contractor require unquestioning observance of the established rules. Any violation of their - this is a violation of the current law.

Design features

For the correct conduct of financial transactions, it is important to know the design features. The special account of the state defense order includes the following operations:

• accepting payments from individuals;
• write-off of accumulated funds for certain needs;
• transfer of funds from the accounts of other banks and this.

To accept payments from individuals, the contractor must have a special agreement confirming the legality of these actions.

Correct spending of funds

Is there a special accounting of government orders and their payment? According to the amendments to the current legislation, all spending operations under contracts are subject to control, and all information is processed by Rosfinmonitoring.

Important! Funds are transferred only to a special account with detailed entries for all transactions.

Banks for opening a special account of the state defense order are determined by the state and receive a share of the capital from the treasury.

How to transfer money? Transfer from a special account to others is available in the following cases:

• transfer to the payroll, taking into account taxes and insurance premiums;
• payment for services and goods at a cost regulated by the state;
• other expenses not exceeding the amount of 3,000,000 rubles;
• transfer of profits;
• in agreement with the Ministry of Defense of the Russian Federation - settlements with foreign companies;
• purchase of necessary materials to fulfill the state order;
• payment of insurance, customs fees and taxes.

Any operation requires confirmation in the official form of agreement on the conclusion of a government contract.

Restrictions

Regulates the following restrictions on financial transactions for a special account:

• payment of customs taxes and insurance to non-state funds;
• transactions within a short time to accounts of various executors;

What package of documents is required to open a special account?

The standard list of documents for opening an account and other information are available on our website.

To open a second or subsequent account of a procurement participant, you only need an application for accession, re-submission of a package of documents is not required.

How long does it take to open an account?

Opening a special account takes the same time as opening a regular current account.

Where can I open a special account?

An account can only be opened at the office where you are served.

Can I open a regular account and then transfer it to a special one?

You can remotely reserve an account on the bank's website and contact the branch to open a special account on any day starting from 09/24/2018.

Can I transfer my current account to a special one in order to use it for purchases under 44-FZ and 223-FZ?

Since amendments are being prepared in 44-FZ and 223-FZ regarding the mode of using special accounts (a limited list of operations), the bank opens new accounts for customers so as not to do this twice later.

Do I need to be accredited on an electronic platform to open a special account?

To open a special account, you must be accredited to any of the electronic platforms that are selected to work under 44-FZ and 223-FZ (see list). When opening a special account, the bank checks that customers have valid accreditation.

When does the bank inform the operators of electronic platforms about the opening/closing of a special account for a procurement participant?

The Bank sends information about the opening/closing of a special account of a procurement participant to all authorized operators of electronic platforms on the day of opening/closing a special account of a procurement participant.

Which operators of electronic platforms does Sberbank interact with under 44-FZ and 223-FZ?

Sberbank interacts with all operators of electronic platforms approved by the Decree of the Government of the Russian Federation of July 12, 2018 No. 1447-r:

• Joint Stock Company "Agency for the State Order of the Republic of Tatarstan"
• Joint Stock Company "Unified electronic trading platform"
• Joint Stock Company "Russian Auction House"
• Joint Stock Company "TEK-Torg"
• Joint Stock Company "Electronic Trading Systems"
• Closed Joint Stock Company "Sberbank-Automated Trading System"
• Limited Liability Company "RTS-tender"
• Limited Liability Company "Electronic Trading Platform GPB"
• Limited Liability Company "Automated System of Bidding of the State Defense Order"

What do I need to provide to confirm accreditation on the electronic site?

You do not need to provide anything, the bank will check for accreditation automatically when opening an account. It is enough for you to have a valid accreditation on any of the electronic platforms.

Is it enough to have accreditation on any of the electronic platforms or do you need accreditation on a specific one?
Is accreditation in the Unified Public Procurement Information System mandatory?

It is enough for you to have accreditation at any of the authorized sites, and starting from 01/01/2019 - in the Unified Public Procurement Information System (UIS).

How many special accounts can be opened?

There are no restrictions on the number of special accounts opened. You can open any number of accounts with us or use one account to participate in trading on any of the electronic platforms.

How can I send my account details to the electronic platform?

At the time of opening your account, the bank will automatically send its details to all electronic platforms operating under 44-FZ and 223-FZ. After opening a special account with PJSC Sberbank, you will be able to take part in trading on any of the sites.

What products and services can I connect to a special account?

The account mode allows you to connect any products and services of the bank, with the exception of business cards and service packages.

Section "Tariffs"

What tariffs are provided for on a special account for 44-FZ and 223-FZ?

Opening and maintaining an account - free of charge, other operations - according to the standard tariffs of the bank. The bank accrues 0.01% per annum on account balances, including the amount of blocked funds. For processing requests to block funds on the client’s account to participate in the purchase, a commission of 50 rubles* will be charged for each site request, other site requests are processed free of charge**.

* The exception is budget organizations, for which the tariff will be 0 rubles.
** Unblocking, unblocking with transfer to the budget, writing off the fee of the electronic platform for the competition.

Can I activate a service package (including Easy Start)?

Service packages do not apply to special accounts for work under 44-FZ and 223-FZ, each such account is serviced as part of a standard tariff collection. At the same time, opening and maintaining an account is free of charge.

If a company needs to open several special accounts, how much will it cost?

Special accounts are opened free of charge.

How much does SMS informing about transactions under 44-FZ and 223-FZ cost?

SMS informing about the results of processing the requests of the Operators of electronic trading is provided free of charge (the service is connected only to mobile phones additionally specified in the application when opening special accounts under 44-FZ and 223-FZ).

Sberbank closing a special account for the state defense order. How to open a special account in Sberbank

How to reserve an account in Sberbank under the state defense order 2018

Law No. 275-FZ of December 29, 2012. tightened the requirements for placing a state defense order, as well as for settlements between the participants in such a contract. All payments must be made exclusively through special bank accounts (SBS) operating in the general mode. You can open it not 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 the state defense order

A special settlement account for the state defense order is a special account with an authorized banking organization opened by the head executor, which, in turn, has 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 under the defense order 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 are entitled to service special accounts. To date, the following requirements have been met:

1. PJSC "Bank" Saint-Petersburg".
2. JSCB "NOVIKOMBANK"
3. PJSC "Sberbank"
4. Bank GPB (JSC).
5. VTB Bank (PJSC).
6. JSC "AB" RUSSIA ".
7. JSC Rosselkhozbank.

Each bank, in turn, establishes individual rules for opening and reserving settlement BS for a defense order. So, for example, you can reserve an account with Sberbank for the state defense order online. To do this, it is enough to enter the registration data of the company (OGRN and TIN, form of ownership), indicate the identifier of the state contract, enter the mobile phone number and email address. Within 5 working days, you should 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 funds received to the senders.

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

Special accounts for the state defense order, how to spend money

A special regime has been established for settlements to secure a defense order. The rules are regulated in Article 8.3 of Law No. 275-FZ. The main instructions are:

1. Write-offs are made only to special accounts for the defense order, so all parties to the contract must have such accounts open. There are exceptions in paragraphs. a-h h. 2 p. 1 art. 8.3 of Law No. 275-FZ.
2. The Bank has the right to suspend operations on special accounts in order to collect fines, penalties, forfeits and other sanctions (Article 76 of the Tax Code of the Russian Federation).

What operations are prohibited

A wide list of prohibited operations on special accounts for the defense order has been established (Article 8.4 of Law No. 275-FZ). These include settlements on loans and borrowings that were registered for the organization by the contractor. Also, targeted funds cannot be loaned 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 workers or compensation. Money for the fulfillment of a defense order cannot be donated or transferred to charitable foundations or individuals.

Buying foreign currency, precious metals or securities is also illegal. But you can place targeted funds on a deposit, but the deposit must be opened in the same authorized bank and on the condition that interest from the money turnover 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 executing organization replenish the special account on its own?

Maybe. The organization needs to replenish the account with its own money in the case of settlements with an authorized bank for servicing this special account. It is impossible to spend target money on banking services.

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

If the state is the exactor, then the writ of execution will be satisfied (clauses in clause 9 of article 8.4 of Law No. 275-FZ). In other cases, the write-off will be illegal.

A hired specialist requires compensation for expenses for renting a dwelling, is it possible to pay with targeted funds from the state defense order?

No. Payment for travel and housing for employees with funds to secure such a contract is unacceptable (clause B, clause 3, article 8.4 of Law No. 275-FZ).

gosuchetnik.ru

What is a special bank account?

Special debtor account

Special bank account: main types

Banks can open special accounts for legal entities and citizens (including those who are business entities) for them to carry out certain types of operations.

The types of bank special accounts for their intended purpose include, among other things, accounts (clause 2.8 of the instructions of the Bank of Russia “On opening and closing bank accounts” dated May 30, 2014 No. 153-I):

• payment agent (including banking) or subagent;
• supplier;
• trading;
• clearing;
• payment system guarantee fund;
• nominal;
• escrow;
• mortgage;
• debtor, etc.

This list is not closed and may be supplemented by special legislation. For example, in Art. 201.8-2 of the Law "On Insolvency (Bankruptcy)" dated October 26, 2002 No. 127-FZ refers to a bank special account to finance the construction of an unfinished construction facility.

Depending on the modes of placement and the possibility of spending money, special accounts can be classified (according to the order of the Ministry of Agriculture of the Russian Federation of June 13, 2001 No. 654):

• for letters of credit;
• checkbooks;
• deposit accounts;
• other accounts (for example, a special account for financing capital investments, etc.).

Special debtor account

The purpose of the named special account is to place on it the money remaining after the repayment of the claims of the bankruptcy creditor from the amount received from the sale of the collateral object, which secured the debtor's obligations under the loan agreement (Articles 133, 138 of Law No. 127-FZ).

The separation of such finances from the total mass is necessary to determine the amount from which certain categories of creditors will be able to receive satisfaction in the future in accordance with the provisions of the law.

Paying agent special account and supplier special account

The special account of the paying agent is intended for cumulation of the money supply received in the form of cash from payers by the paying agent, and for them to carry out the necessary settlement operations (clauses 14, 15, article 4 of the Law “On Activities” dated 03.06.2009 No. 103-FZ).

Non-crediting of funds by a paying agent to such a special account is qualified as an administrative offense (clause 2, article 15.1 of the Code of Administrative Offenses of the Russian Federation).

The supplier’s special account is opened to deposit funds received by the supplier through a payment agent that accepts payments from individuals. The supplier is authorized to accept the said funds only to such a special account, from which he can subsequently transfer them to his other accounts (clause 18, article 4 of law No. 103).

So, a separate account designed to isolate a certain amount of money from other finances of the account holder is a special bank account. At the same time, the grounds for such differentiation can be distinguished depending on:

• from the purposes of subsequent use of the amounts placed on such a special account;
• the rights of the owner of the special account to the placed funds.

rusjurist.ru

Sberbank closing a special account under the state defense order

To do this, it is enough to enter the registration data of the company (OGRN and TIN, form of ownership), indicate the identifier of the state contract, enter the mobile phone number and email address. Within 5 working days, you should 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 funds received to the senders. And when VTB reserves the state defense order account, any operations (receipt or write-off) become available only after the official conclusion of the contract. Special accounts for the state defense order, how to spend money For payments to secure the defense order, a special regime has been established. The rules are regulated in Article 8.3 of Law No. 275-FZ.

Official website of Sberbank of Russia

But you can place targeted funds on a deposit, but the deposit must be opened in the same authorized bank and on the condition that interest from the money turnover 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 executing organization replenish the special account on its own? Maybe. The organization needs to replenish the account with its own money in the case of settlements with an authorized bank for servicing this special account. It is impossible to spend target money on banking services. Enforcement proceedings have been initiated against the performer. Can a bank write off funds from a special account on a writ of execution? If the state is the exactor, then the writ of execution will be satisfied (paragraphs in paragraph 9 of Art.

What is a special account for the state defense order

The contractor can open it in advance in one of the authorized banks:

1. JSC "AB" RUSSIA ".
2. Bank GPB (JSC).
3. PJSC "Bank" Saint-Petersburg".
4. VTB Bank (PJSC).
5. PJSC "Sberbank"
6. JSCB "NOVIKOMBANK"
7. JSC Rosselkhozbank.

Each bank has its own rules for such a transaction. If Sberbank provides an account reservation, the state defense order is paid faster, since the money can be received before concluding an agreement with the bank.

Attention

The contractor has 5 working days to collect the package of documents, otherwise the bank will return the money to the customer and cancel the account. You can reserve an account with Sberbank under the state defense order online.

In the case when VTB provides account reservation, the state defense order is financed by the customer only after the direct opening of a special account.

How not to make a mistake when working with a special account for the state defense order

• Closing of the account is carried out by the bank after receiving a notification from the Ministry of Defense of Russia (customer) on the execution of the state contract.
• What operations are prohibited from being carried out A wide list of prohibited operations on special accounts for the defense order has been established (Article 8.4 of Law No. 275-FZ). These include settlements on loans and borrowings that were registered for the organization by the contractor.

  Also, targeted funds cannot be loaned 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 workers or compensation. Money for the fulfillment of a defense order cannot be donated or transferred to charitable foundations or individuals. Buying foreign currency, precious metals or securities is also illegal.

Sberbank special accounts for the state defense order

In the Accounting, Audit, Taxes section, to the question How to refuse to open a special account for the state defense order, the profit on the transaction is small, all will go to account maintenance. given by the author Elena, the best answer is no way, probably this is a mandatory requirement for the implementation of such an order, you need to refuse to fulfill the order itself. Write a letter saying that it is not economically profitable for us to fulfill your order due to the new conditions. Accordingly, let them scratch their heads, either increase the cost by the amount of opening an account and maintaining an account, or look for another supplier. Answer from 2 answers[guru]Hello! Here is a selection of topics with answers to your question: How to refuse to open a special account for the state defense order, the profit on the transaction is small, all will be spent on servicing the account. How to refuse to open a special account under the state defense order, the profit on the transaction is small, all will go to servicing the account.

Working with a special account under the state defense order

The main instructions are:

1. The contractor has the right to spend funds from a special current account only for advances for services, goods, work, or for meeting needs for the implementation of a state defense contract.
2. The spending of the target money is carried out only with the indication of the identifier of the state contract (GCC). The GCI should be indicated in the order (payment order, application for cash expenses, etc.) for debiting.
3. Write-offs are made only to special accounts for the defense order, therefore, all parties to the contract must have such accounts open. Exceptions are provided in paragraphs. a-h h. 2 p. 1 art. 8.3 of Law No. 275-FZ.
4. The Bank has the right to suspend operations on special accounts in order to collect fines, penalties, forfeits and other sanctions (Art.

Special account for the state defense order in the bank - what is it

Important

The Tax Code of the Russian Federation allows you to stop operations on such a current account in order to collect taxes, penalties or fines. It is closed after the authorized bank receives a notification from the customer about the execution of the contract under the state defense order.

What operations are not allowed to be carried out For special accounts, operations on credits and loans are prohibited, except for the amounts that are listed in the transaction for the state defense order. Also, it is impossible to give out money to individuals, with the exception of paying compensations and salaries to employees with the simultaneous payment of the necessary taxes and fees.

• home
• Tender preparation

For the purchase of goods, payment for work, services in order to meet state and municipal needs, on the basis of Federal Law N 44 of 04/05/2013, an account is reserved in Sberbank for the state defense order. The special account is designed to conduct safe transactions and protect the interests of both parties.

A separate account for the state defense order is a special account in a financial and credit organization opened by the main executor who has concluded a contract with the Ministry of Defense of the Russian Federation for the execution of the defense order. Such measures are necessary to guarantee the security and transparency of settlements, as well as to control the distribution of state budget funds.

According to Art. 8.1 of Federal Law N 275 of December 29, 2012 “On the State Defense Order”, Sberbank PJSC is one of the banks authorized to work with special accounts.

To reserve a separate settlement account for the state defense order with Sberbank, there is no need to visit the office, an application can be made online on the official website http://www.sberbank.ru/ru/legal/bankingservice/cash/account. To do this, you need PSRN, TIN, legal form of organization, ID of the State Defense Order, mobile phone number, e-mail.

365 calendar days are given to open a special account. During this time, the contractor must submit supporting documents to the bank branch. Otherwise, the procedure will be canceled and the funds received will be returned to the sender.

To carry out settlements between the parties to the state defense contract, it is necessary to conclude a banking support agreement. It is also required to connect the Sberbank Business Online service in order to electronically control the execution of the state defense order. The application for accession is in the appropriate tab on the official website of the bank.

After the account is reserved, the documentation is checked, transactions can be carried out.

Spending money from a separate current account of the state defense order

Sberbank serves government contracts on the basis of the previously mentioned Federal Law No. 44 and Decree of the Government of the Russian Federation No. 963 dated September 20, 2014 “On the Banking of Government Contracts”.

In order not to make a mistake when working with a special account, you need to be guided by Art. 8.3 of the Federal Law N 275 of December 29, 2012 "On the state defense order". It contains the following regulations:

1. The contractor has the right to spend funds from the RS exclusively on advances for services, goods, work or on equipping the needs of the state defense contract.
2. You can dispose of funds only if the GOZ ID is indicated in the order for debiting.
3. Deductions should be made to specially created accounts for the defense order.

There are exceptions to the last rule. These include:

• payment of taxes, insurance premiums;
• payment for products if the cost is controlled by the state;
• settlement payments with foreign contractors who took part in the State Defense Order;
• other expenses in the amount of less than 3 million rubles.

On the basis of Article 86 of the Tax Code of the Russian Federation, a bank may terminate operations on special accounts in order to recover fines, penalties, forfeits and other delays.

The account is closed after notification of the Ministry of Defense of the Russian Federation about the execution of the state defense contract.

List of invalid operations

Not all transactions can be carried out on a separate account of the State Defense Order. The prohibited ones include:

1. Calculations on loans of the executing institution.
2. Provision of funds to create the authorized (reserve) capital of a third-party company.
3. Transfers to individuals, transfer to charity. The exception is the remuneration of employees, the payment of insurance premiums.
4. Purchase of precious metals, foreign currency, stocks, securities.
5. Execution of the cession agreement (assignment of the right to claim).
6. Write-off of funds to other accounts opened with a financial and credit organization.

Conclusion

You can reserve an account with Sberbank under the state defense order through the official website. Within a year, supporting documentation must be submitted to the bank branch, otherwise the procedure will be terminated.

1. Why are special accounts needed?

In accordance with Part 10 of Article 44 of Law 44-FZ, when conducting an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, funds intended to secure bids are contributed by procurement participants for special accounts opened in banks, the list of which is established by the Government of the Russian Federation (hereinafter referred to as the special account).

Therefore, special accounts are required only for depositing funds as collateral for bids. Special accounts are not used to deposit funds to ensure the execution of Contracts, and are not used for non-electronic (paper) procedures.

If the notice of the purchase does not establish the requirement for the presence of application security, then there is no need to open a special account, however, it should be remembered that Law 44-FZ establishes the right to establish the requirement for application security even if the NMTsK does not exceed 1 million rubles, so take care we recommend that you have a special account in advance.

2. Where can I open special accounts?

The Government By Order of the Government of the Russian Federation No. 1451-r dated July 13, 2018, approved the list of banks in which public procurement participants will open special accounts to secure applications. 18 credit institutions were included in the final document:

1. PJSC Sberbank of Russia;

2. PJSC VTB Bank;

3. JSC "Gazprombank";

4. JSC "Russian Agricultural Bank";

5. Alfa-Bank JSC;

6. PJSC Moscow Credit Bank;

7. PJSC Bank Financial Corporation Otkritie;

8. JSC "Raiffeisenbank";

9. PJSC "Rosbank";

10. JSC "All-Russian Bank for Regional Development";

11. PJSC Promsvyazbank;

12. Joint Stock Bank Rossiya JSC;

13. PJSC Bank Saint Petersburg;

14. PJSC Sovcombank;

15. PJSC Russian National Commercial Bank;

16. Joint Stock Commercial Bank RosEvroBank JSC;

17. JSC "OTP Bank";

18. JSC UniCredit Bank.

If the bank is not on the list, you cannot open a special account in it to participate in public procurement!

At the moment, each bank has signed agreements and interacts with all operators of electronic platforms approved by the order of the Government of the Russian Federation of July 12, 2018 No. 1447-r:

Joint Stock Company "Agency for the State Order of the Republic of Tatarstan" (www.zakazrf.ru)

Joint Stock Company "Unified Electronic Trading Platform" (www.roseltorg.ru)

Joint Stock Company "Russian Auction House" (http://lot-online.ru )

Joint Stock Company "TEK-Torg" (www.tektorg.ru)

Joint Stock Company "Electronic Trading Systems" (www.etp-ets.ru)

Closed Joint Stock Company "Sberbank-Automated Trading System" (www.sberbank-ast.ru)

Limited Liability Company "RTS-tender" (www.rts-tender.ru)

Limited Liability Company "GPB Electronic Trading Platform" (https://etpgpb.ru/ )

Limited Liability Company "Automated System of Bidding of the State Defense Order" (http://astqoz.ru/ )

3. Can I transfer my current account to a special one in order to use it for purchases under 44-FZ and 223-FZ?

Yes, you can. If the bank you need is included in the list of authorized banks for making security applications, the current account opened in it can be used as a special account. In accordance with paragraph 5 of Decree of the Government of the Russian Federation of May 30, 2018 N 626 "On the requirements for a special account agreement and the procedure for using the bank account available to the procurement participant as a special account, the requirements for the terms of the agreement on the interaction of the operator of the electronic platform with the bank, the rules of interaction of the procurement participant, the operator of the electronic site and the customer in the event that the procurement participant provides a bank guarantee as security for an application for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction. If the procurement participant has a bank account with the bank, the procurement participant and the bank have the right conclude an additional agreement on the use, in accordance with paragraph 3 of these requirements, of an existing bank account as a special account.

However, since changes are being prepared in 44-FZ and 223-FZ regarding the mode and functionality of using special accounts, many banks prefer to open new accounts for their customers so as not to do this again in the future.

4. What package of documents is required to open a special account from scratch?

Here is an approximate list of required documents for opening a special account, while each bank may have additional requirements for documents, such as copies of licenses and patents, on the basis of which the organization has the right to carry out its type of activity, so we recommend that you check the full list directly with the selected bank. Also, at the bank, it will be necessary to sign the Agreement on opening an account and write an Application in the form of a bank for joining the bank account agreement.

If you already have an account with an authorized bank, then an additional agreement is concluded to an existing agreement, an application is written.

However (!) at the moment (10.10.2018) the possibility of opening a special account for an individual to participate in public procurement has not been implemented. We hope that this problem will be resolved in the near future.

We recommend that individuals send official requests to authorized banks and authorized bodies with questions about participation in public procurement with established bid security in the documentation, and the timing of resolving this “gap” of legislation.

Approximate list of required documents*:

5. How long does it take to open a special account?

Opening a special account does not take much time, the duration of the required time is commensurate with the time required to open a regular current account. At the time of opening a special account, the bank will automatically send its details to all electronic platforms operating under 44-FZ, 223-FZ.

6. How much does it cost to open a special account*?

Banks can independently set a fee for opening and maintaining a special account. After analyzing the information on the official websites of authorized banks, we can conclude that the majority will open and maintain a special account for free, but it must be borne in mind that other operations will be carried out in accordance with the bank's tariffs. For example, in PJSC Sberbank of Russia, opening and maintaining an account is free of charge, other operations are according to the bank's standard rates. At the same time, the bank accrues 0.01% per annum on the account balances, including the amount of blocked funds, and a commission of 50 rubles will be charged for processing requests for blocking funds on the client’s account to participate in the procurement for each site request, except for requests for budget organizations, for them the cost will be zero (www.sberbank.ru). In VTB Bank - also a free account opening, other options according to the tariff. 7. Is it necessary to have accreditation on the electronic site to open a special account?

Yes need. To open a special account, you must be accredited to any of the electronic platforms that are selected to work under 44-FZ and 223-FZ. When opening a special account, the bank itself automatically checks that customers have valid accreditation, nothing needs to be provided, and starting from 01/01/2019 - in the Unified Public Procurement Information System (UIS).

8. How many special accounts can I open?

You can open an unlimited number of special accounts or use one account to participate in trading on any of the electronic platforms. However, it should be remembered that it will be necessary to control the flow of funds, as well as their balance at the closing date for filing applications, in advance. Since after blocking the required amount after “hour X” (the end of the time for submitting applications), it will not be possible to resubmit the application, as well as if there is a shortage of money even in the amount of one ruble, the rejection of such an application will be automatic, but it will not be possible to correct anything .

9. Have all authorized banks been integrated with electronic platforms?

The Ministry of Finance of the Russian Federation in Letter No. 24-06-08/70718 dated 02.10.2018 indicated that not all banks provided integration with trading platforms. To ensure that the procurement participant is sure that there will be no failures and errors during the transfer of data between the bank and the ETP, when submitting applications, you can see up-to-date information on integration with banks on the official websites of the trading platforms.

For example, we will give up-to-date information on several trading platforms as of 10.10.2018*:

We hope that in the near future all authorized banks will be integrated with electronic platforms.

10. How much will it cost to “switch to new special accounts”?

The task set by the Government of the Russian Federation, introducing the use of invoices, is to increase the efficiency and transparency of public procurement. In accordance with Decree of the Government of the Russian Federation No. 564 dated May 10, 2018 “On the collection of fees by operators of electronic platforms, operators of specialized electronic platforms during an electronic procedure, a closed electronic procedure and the establishment of its limits”:

The marginal fee that is charged from the winner of the electronic procedure is 1% of the NMCC, but not more than 5,000 rubles, excluding VAT;

The marginal fee charged from the winner of the electronic procedure if the purchase is made among small businesses (SMEs) and socially oriented non-profit organizations (SONCOs) is 1% of the NMTsK, but not more than 2000 rubles, excluding VAT;

if the winner evades the conclusion of the contract, it is possible to conclude a contract with the "second" place, from which no fee is charged.

At the moment, all electronic platforms have published on their official websites their Tariffs for conducting electronic procedures, as well as the timing of the start of collection of fees. For example, Sberbank-AST CJSC - from October 01, 2018, EETP JSC - from October 05, 2018.

11. How will the winner be charged?

The winner will pay in two ways:

by transferring funds to the bank account of the electronic marketplace operator (In accordance with paragraph 8 of the "Rules for the collection of fees by electronic marketplace operators, operators of specialized electronic marketplaces from a person with whom a contract is concluded based on the results of an electronic procedure, a closed electronic participant in the procurement of a special account, the operator of the electronic site no later than one business day from the date of the customer's actions provided for by Parts 7 and 13 of Article 83.2 of 44-FZ (in terms of posting a protocol on recognizing the winner of the electronic procedure as evading the conclusion of the contract), send to such a participant procurement through the hardware and software complex of the electronic marketplace, the requirement to transfer funds to the bank account of the relevant operator of the electronic marketplace.)

by debiting funds in the amount of the fee from the special account of the winner of the purchase. (In accordance with paragraph 7 of the "Rules for the collection of fees by operators of electronic platforms, operators of specialized electronic platforms from a person with whom a contract is concluded based on the results of an electronic procedure, a closed electronic procedure", if the procurement participant has a special account, the operator of the electronic platform no later than one working day from the day the customer takes the actions provided for in Parts 7 and 13 of Article 83.2 of 44-FZ (in terms of posting a protocol on recognizing the winner of the electronic procedure as evading the conclusion of the contract), send a request to the bank to write off funds in the amount of a fee in accordance with agreement between the bank and the procurement participant.).

*The analysis was carried out on the basis of data presented on the official websites of banks, electronic platforms as of 10/10/2018 (the actual conditions may differ from those given)