The legislation of the Russian Federation provides for a set of measures aimed at ensuring the possibility of exercising and protecting the rights, freedoms and legitimate interests of children, including in terms of receiving and spending money on the maintenance, upbringing and education of a child due to him as alimony, pensions , benefits, the disposal of which, on the basis of Article 60 of the Family Code of the Russian Federation, is entrusted to parents or persons replacing them (guardians, trustees).

At the same time, the rules established by civil legislation in relation to the disposal of the property of the children under guardianship by guardians and trustees of minors apply to parents exercising the authority to manage the property of their child.

Based on Part 1 of Art. 37 of the Civil Code of the Russian Federation, the amounts of alimony, pensions, benefits, compensation for harm to health and harm incurred in the event of the death of the breadwinner, as well as other funds paid for the maintenance of the ward, with the exception of income that the ward has the right to dispose of independently, are to be credited to a separate nominal account opened guardian or trustee, and are spent by the guardian or trustee without the prior permission of the guardianship and trusteeship body.

According to Articles 860.1 - 860.6 of the Civil Code of the Russian Federation, a nominal account can be opened for the account holder to carry out transactions with funds, the rights to which belong to another person - the beneficiary, who, when credited to the account of alimony, pensions, benefits and other payments due to the child, is a minor.

The rights to funds received on a nominal account, including as a result of their entry by the account owner (parent, guardian, trustee), belong to the beneficiary (minor).

A nominal account agreement is concluded with a bank licensed to carry out credit operations in writing by drawing up one document signed by the parties with the obligatory indication of the date of its conclusion. The contract can be concluded both without participation and with the participation of the beneficiary, which, with the consent of the legal representative, can be a minor who has reached the age of 14, who also signs the contract.

Based on part 3.2 of Art. 19 of the Federal Law of 24.04.2008 No. 48-FZ "On Guardianship and Guardianship", a separate nominal account is opened for the legal representative for each child.

Suspension of operations on a nominal account, seizure or write-off of funds in a nominal account for the obligations of the account holder (parent, guardian, trustee), except for crediting the account and paying the bank's expenses for performing operations on the account, is not allowed. The seizure or withdrawal of funds from a nominal account for the obligations of the beneficiary (minor) is allowed by a court decision. The withdrawal of funds is also allowed in cases provided for by law or by the nominal account agreement.

Upon termination of the nominal account agreement, the remainder of the funds is transferred to another nominal account of the owner (parent, guardian, trustee) or issued to the beneficiary (for example, when the child reaches the age of majority or the minor is recognized by the court as fully capable - emancipation) or, unless otherwise provided by law, agreement or does not follow from the nature of the relationship, at the direction of the beneficiary is transferred to another account. The law does not provide for the possibility of issuing the balance of funds when a nominal account is closed to its owner.

The necessary and reliable information on the procedure and conditions for the provision of services for opening and maintaining a nominal account should be provided to citizens in a timely manner by credit institutions in accordance with Part 1 of Art. 10 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 "On Protection of Consumer Rights". The choice of a bank for opening a nominal account in order to receive funds due to children is carried out by parents, guardians and trustees of minors independently.

If the requirement of the law on opening a nominal account by a parent, guardian, or trustee has not been fulfilled and the funds owed to the child are transferred to a bank account opened in the name of the minor, then when the child reaches the age of 14, the legal representative loses the opportunity to independently dispose of these funds, and the bank does not have the right to issue them to him without obtaining the prior permission of the guardianship and guardianship authority.

The correct use of the nominal account guarantees the safety of the money owed to children, facilitates the exercise by the legal representatives of minors of their powers and the exercise by the state of control over the observance of the property rights of children.

"RBC-Real Estate" talks about the intricacies of real estate registration for minors and the possibilities of its sale

Photo: Sergey Kulikov / Interpress / TASS

Children can own real estate regardless of age. Registration of housing for a child gives a guarantee that by the onset of adulthood he will be provided with his own living space and no family circumstances will diminish his rights.

However, there is often a need for the sale or exchange of real estate owned by a minor, and such transactions have many features. About what rights the child and his parents have to dispose of housing - in the cards "RBC Real Estate"

Registration When a child is made a homeowner

The most common reason why real estate is registered for a minor child is the desire to provide him with his own housing in advance, which parents will not be able to share among themselves in case of divorce. In this case, the apartment will not be considered joint property of the spouses. Also, registration of housing for a child occurs if it is presented to him or passed to him by will.

There are cases when adults arrange an apartment for a child in order to protect property from claims of creditors to whom the parents have unfulfilled financial obligations.

The rights of the child Can children manage their property

No, minor children cannot independently dispose of property. Those who have not reached the age of 14 do not participate in transactions at all - their parents (or adoptive parents or guardians) act on their behalf. Children between the ages of 14 and 18 may transact with housing, but only with the written permission of their parents (or adoptive parents or guardians).

In both cases, transactions with housing registered for a child can be made only with the consent of the guardianship and guardianship authorities.

In this case, a minor can acquire the right to independently dispose of real estate from the age of 16 if he is recognized by the guardianship authorities or the court as fully capable (for example, if he works, married, etc.).

Parents' rights Can parents dispose of the child's property

Housing registered for a child is exclusively his property; parents do not have ownership rights to him. Parents or other legal representatives of a minor cannot sell, exchange or donate property belonging to him only of their own free will. They also cannot rent out the child's property, transfer it for free use or as a pledge, divide property, allocate shares from it. Everything requires the consent of the guardianship and guardianship authorities - without this, no transactions involving the reduction of the child's property are possible.

Sale In what cases do the guardianship authorities give permission for it?

The guardianship authorities approve transactions with real estate that belongs to children only if they benefit - the child-owner must be provided with an alternative apartment of the same or larger area. Parents or representatives of the child will have to prove not only that he will not be left homeless, but also that his living conditions will not worsen.

A permit to sell an apartment registered for a minor can be obtained upon a change of residence and under exceptional circumstances affecting the interests of the child (for example, in case of payment for his treatment). But the solution to this issue remains, again, with the guardianship authorities.

Alternative What the guardianship authorities pay attention to

The guardianship authorities also take into account the location of housing and may not give permission if, instead of a Moscow apartment, the child is offered housing in the regions.

The guardianship authorities will also pay attention to the price of housing. If the cost of the apartment offered to the child is less than the price of the living space belonging to him, then they can oblige the parents to transfer the difference to the minor's bank account - he will get access to it when he reaches the age of majority.

There is one more restriction: parents (adoptive parents or guardians) and their close relatives cannot buy an apartment from a child.

Share How to sell if the child owns part of the apartment

If a child owns a share in an apartment, then such housing can also be sold only with the permission of the guardianship authorities. They can agree if the minor is provided with a share in another apartment, but this share should not be less and not cheaper than in the housing being sold.

A nominal account for a child in Sberbank is a special bank account that must be opened by a guardian or trustee in his own name in order to enroll benefits, alimony, pensions and other social payments due to wards.

Let's consider in detail everything you need to know to interact with a nominal account, draw up and draw up reports to the guardianship authorities.

Nominal account with Sberbank

It is important to immediately determine the terminology, there are only 4 basic concepts to understand the issue.

Definitions

Beneficiary(beneficiary) is the one who owns the rights to funds in the nominal account.

Account owner- this is the one who draws up a bank account in his own name and concludes a nominee account agreement.

Nominal account agreement- must be drawn up with the obligatory indication of the beneficiary, but can be signed without his participation. The agreement specifies any rules for the use of funds in the account in the interests of the ward.

Controller bank- under the agreement, the bank may be obliged to exercise control over the expenses of the account holder in the interests of the beneficiary.

In our situation:

The beneficiary is a minor child, an incapacitated citizen.

Account owner - parent,guardian/ guardian, adoptive parent, adoptive parent

Controller Bank - Sberbank, in which the agreement is signed and the account is placed.

A visual diagram of the interaction of all participants:

The legislative framework

If you need to clarify the nuances or check the relevance of the data, then you can refer to the laws on the relevant topics:

• List of possible payments - Article 37 of the Civil Code of the Russian Federation (part one) No. 51-FZ with amendments and additions from 01.09.2018.
• Requirements for a nominee account agreement - Article 860.1 Civil Code of the Russian Federation (part two) No. 14-FZ as amended. and add. from 01.09.2018.
• The procedure for submitting reports by a guardian or curator - Federal Law No. 48-FZ "On guardianship and trusteeship" rev. from 31.12.2017.
• Cases in which reporting is not required - paragraph 1 of Article 37 of the Civil Code of the Russian Federation.
• Prohibited actions for a guardian and trustee - paragraph 2 of article 37 of the Civil Code of the Russian Federation.

What payments can be credited

• State social payments for the maintenance of citizens of Russia.
• Pensions for disability, for the loss of a breadwinner, paid to minors, incapacitated, partially incapacitated.
• Payments for compensation for harm to health.
• Alimony.

Sberbank terms

Table with the conditions for the nominal account of Sberbank for social payments:

* The interest rate is subject to change by the bank without prior notice.

Tariffs for servicing a nominal account for social payments in Sberbank:

Using the account correctly

• If an obligation arises in relation to the account holder to seize or write off money, then this does not apply to the nominal account of the guardian - he cannot be arrested.
• Nominal accounts are included in the DIA from 01.01.2015. This means that they are insured for up to RUB 1,400,000.
• Sberbank does not control expenses on a nominal account (this is how a standard agreement is drawn up in a bank). The guardian can spend without restrictions. There is no need for additional permits from the guardianship and guardianship authorities. Only the final annual reporting of the trustee / guardian is important.
• If the guardian or ward has changed the identity card, address, status, then the account owner is obliged to inform the bank about this.
• By the owner of the nominal account, registration is possible. This can be permission for any expense transactions or to receive statements. For example, one of the parents can open a bank account and write a power of attorney for the other to manage funds.
• The heirs of the account holder do not have any rights to receive funds from the beneficiary.
• In the event of the death of the beneficiary, the bank freezes the funds. If surpluses have been credited, they will be returned to the senders - to the relevant authorities. The balances will only be released to the heirs of the beneficiary.
• It is not possible to issue a savings book on the nominal account of the guardian.
• The owner cannot issue a testamentary disposition.
• The owner can immediately receive an extract on the transfer from the nominal account to his own, if the operation is performed at a Sberbank branch (the seal and signature of a bank specialist is not put).

How to transfer money to a nominal account

You can transfer funds to a nominal account through:

• branch,
• Sberbank Online,
• mobile app,
• terminal / ATM.

If the transfer to the child's / ward's nominal account is made via the Internet, then it is imperative to indicate the full details and fill in the "purpose of payment" field with the following phrases:

• alimony,
• content,
• treatment,
• compensation for harm to health.

You can download a complete list of identifier words for Sberbank crediting funds to the nominal account of the guardian. Words can be in any number and case: 📝

Otherwise, the payment will not go through and will be returned to the sender. the purpose of the account is to receive social benefits.

The bank is not entitled to credit other funds in accordance with the regime for maintaining a nominal account.

How to check receipts

Even if you have a mobile bank, it is not possible to connect it to a nominal account (most likely this was done for security purposes, too often scammers use this channel to deceive).

This means that SMS messages will not come when money is received on the nominal account of the guardian.

There are only two options to check receipts:

• visit the Sberbank office,
• call the toll-free number: 8-800-555-02-55.

The contact center can tell you the last 10 transactions.

For the convenience of withdrawing money from a nominal account in Sberbank, it is recommended to issue a long order (cost - 50 rubles), which would allow all receipts to be transferred automatically, for example, to a card.

In this case, you will always receive SMS about receipts to your card, and you will be able to monitor the balance in your online bank account.

Reporting to the guardianship authorities

The guardian or curator is obliged to independently prepare and submit a report to the guardianship authorities annually no later than February 1, according to federal law No. 48-FZ. The report should contain information about the spending of the amounts that were credited to the nominal account of the child.

If the account holders are parents of the child then they do not need to file reports.

Things to remember:

• Submit a report to the guardianship authorities no later than January 31st.
• Eliminate corrections and blots.
• Do not leave blank columns, put a dash or write “does not receive”.
• Attach the relevant income / expense documents to the report.
• The actual costs of the documents must match the data in the report.
• It can be filled in electronically, in words, only the name and signature of the guardian / trustee.

Until 2018, the form of the report remains unchanged since 2014. You can download to fill out the form and get acquainted with examples of correct filling taken from the websites of the guardianship and guardianship authorities.

The owner of a nominal account at a Sberbank branch can get an extract for the annual report - free of charge. You must show your passport.

Before filling out the report on child benefits, be sure to call the guardianship authorities and check if there have been any changes to the form.

Account Opening

There is only one option for opening a nominal account with Sberbank for a child - at the bank branch.

Opening impossible through:

• Internet bank Sberbank Online,
• personal account of the Mobile application,
• terminal or ATM.

You need to go through the opening procedure once, collecting a full package of documents, and then receive payments for the child without applying for additional permits to the guardianship and guardianship authorities.

Option number 1

Account holder: Guardian or Trustee.

Package of documents:

• Guardian ID.
• Birth certificate for children under 14 years old. Or an identity card for the beneficiary aged 14-18.
• The act on the appointment of a guardian from the guardianship authorities, which confirms the authority to dispose of the ward's funds.

Option number 2

Beneficiary: minor child under 18 years of age.

Account holder: parent or adoptive parent.

Package of documents:

• Parent's ID.
• Birth certificate or passport for beneficiaries up to 14 years old and from 14 to 18 years old, respectively.

- If there are several children?

- A nominal account is opened for each beneficiary child. The owner can write a statement - a payment order, to transfer funds from all beneficiaries to 1 of his personal account (conveniently - to a card).

Option number 3

Beneficiary: an incapacitated citizen.

Account holder: Guardian.

Package of documents:

• Guardian's passport.
• The act of appointing a guardian from the authorities, with confirmation of authority.
• A court decision or an act from the guardianship authorities on the recognition of the beneficiary citizen as legally incompetent.

Option number 4

Beneficiary: citizen with limited legal capacity.

Account holder: Trustee.

The package of documents coincides with the list from option No. 3.

After opening an account, you can get the details and transfer them to the appropriate authorities for calculating social and other payments, pensions, alimony.

The nominal account number with Sberbank consists of 20 digits. Begin with 40823 .

When opening a bank account, you will need to fill out and sign an agreement. Signing by the beneficiary is optional.

This article will focus on deposits (accounts) of minors citizens registered by parents, grandfathers, grandmothers or guardians, and on deposits (accounts) of minors citizens, who are registered by them on their own. That is, about the registration of a passbook for a child or a debit card. The modern generation of young people is more and more interested in finance, including opening bank deposits for minors. "Porcelain piggy banks" in the form of cats, into which children of 40-50 years old loved to put their money, today's youth are no longer attracted, give them a deposit in the bank, and even with a high income in the form of interest. And this is correct, the pace of life has changed, and minor citizens should be able to work with banks from childhood, should be able to open bank deposits, sign agreements for opening an account, draw up a savings book or a bank debit card, that is, they should be able to count and manage their savings rationally ...

Today deposits (accounts) by minors or by minors themselves usually open:

• To enroll them in scholarships, grants or salaries;
• To store funds for training sent by parents (to other regions);
• To accumulate funds for future needs (study, apartment, car, etc.);
• To enroll benefits or alimony, etc.

To determine who and in what cases has the right to open a deposit or card account in the name of a minor citizen, and who has the right to dispose of this deposit, let us first turn to the legislation of Russia.

The Civil Code of the Russian Federation (Civil Code of the Russian Federation) of 01.26.1996 N 14-FZ establishes periods of a person's life, during which minor citizens move from one phase of legal capacity to another. Their rights are also defined there. These are the three periods of life and working capacity:

• legal capacity of minors- this is the age of up to 14 years. According to paragraph 1 of Art. 28 of the Civil Code of the Russian Federation for minors under the age of fourteen (minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. The law allows minor transactions of young citizens, which, however, do not relate to working with banks;
• partial legal capacity minors - occurs between the ages of 14 and 18. According to paragraph 1 and Art. 26 of the Civil Code of the Russian Federation, minors between the ages of fourteen and eighteen make transactions with the written consent of their legal representatives - parents, adoptive parents or guardian. However, on the basis of paragraph 2 of the same 26th article of the Civil Code of the Russian Federation, minor citizens aged from fourteen to eighteen years have the right to independently, without the consent of parents, adoptive parents and trustee to dispose of their earnings, scholarships and other income, as well as to make contributions to credit institutions and dispose of them;
• full legal capacity occurs when the citizen reaches 18 years of age, which is enshrined in paragraph 1 of Art. 21 of the Civil Code of the Russian Federation. Sometimes the full legal capacity of a citizen can be declared upon reaching the age of 16. This is allowed in accordance with paragraph 1 of Art. 27, when a minor works under an employment contract, including under a contract, or with the consent of his parents, adoptive parents or guardian, is engaged in entrepreneurial activity. The decision on legal capacity from the age of 16 is made by the guardianship and guardianship authorities (with the consent of both parents, adoptive parents or guardian) or by a court decision.

Making a bank deposit (account)

Taking into account compliance with the requirements of the Civil Code of the Russian Federation, the registration of deposits by banks is carried out in the following order:

• deposits in the name of minor citizens, until they reach the age of 14, are opened by parents and other contributors (grandfathers, grandmothers, guardians, etc.), for which they need to have a passport (or other identity document), as well as birth certificate of the child.
• deposits in the name of minor citizens, aged 14 to 18, are opened by parents and other contributors (grandfathers, grandmothers, guardians, etc.), or minor citizens themselves. To open a deposit and receive a savings book, a minor depositor presents a passport, while other depositors present their passports (or other identity documents), as well as the depositor's passport data or a copy of the passport of the citizen on whom the deposit is being opened.

The very procedure for opening a deposit and obtaining a savings book or debit card and a bank deposit agreement is standard, and is described in the material " How to open a deposit or account of an individual in the bank "

Closing a deposit (account) in a bank

Deposits of underage depositors can be closed in the following order:

• up to 14 years old - by his legal representative (parent, adoptive parent, adoptive parent, guardian). To carry out this operation, in accordance with the current legislation, a representative's passport, a savings book of a minor citizen is presented to the bank and, in addition, banks sometimes require them to provide them with a written prior permission of the guardianship and trusteeship authority;
• from 14 to 18 years old - closing of a deposit is made by the depositor himself, i.e. a minor citizen. To carry out the operation, a passport, a bank deposit agreement and a savings book for the deposit of a minor citizen are required, in addition, banks sometimes require the written consent of one of the parents and the written permission of the guardianship and trusteeship authority;
• after the age of 18 - further disposal of the deposit, i.e. its closure by the depositor is carried out independently, even if the deposit was opened at a young age by a representative of the child.

Expense operations on a deposit (account)

If the contribution of a minor citizen provides for expenditure transactions, then the funds from the account can be used:

• until the depositor reaches the age of 14 - legal representatives (parents) of the minor depositor. The passbook issued in the name of the child is kept by the legal representatives. In this case, banks sometimes require written prior authorization from the guardianship and trusteeship authorities;
• from 14 to 18 years of age - the depositor shall carry out expenditure operations on the deposit independently. However, many banks issue funds taking into account the following:
  
  
  • the amount of wages, scholarships, amounts transferred and paid in cash by the depositor himself, interest on the deposit are issued to the minor himself without additional permits;
  • the amounts of pensions, benefits, alimony, insurance, inheritance amounts, etc., the amounts transferred, as well as those paid in cash by third parties, including legal representatives, are issued to the depositor with the prior written permission of the guardianship and guardianship authorities and the written consent of one of the parents


• From the age of 18, the depositor has the right to independently carry out incoming and outgoing transactions on the account.

So, for example, the Tomsk Sberbank of Russia in the section "Questions - Answers" posted the following consultation on the website:

Question: My parents opened a deposit in the name of my eight-year-old daughter. Can I manage the funds on the deposit account? When will my daughter be able to manage the deposit herself?

Answer: Any of the parents can receive money from a deposit opened in the name of a minor under the age of 14 upon presentation of their passport and written permission from the guardianship and guardianship authority. When the child reaches the age of 14, he has the right to dispose of the deposit himself upon presentation of his passport, written permission from the guardianship and guardianship authority and written permission from one of the parents. When the child reaches the age of 18, the depositor can independently dispose of the deposit.

From all of the above, one question arises, why do banks in their consultations voice the requirement to provide them with a written preliminary permission of the guardianship and guardianship authority, as well as the written consent of one of the parents to use the funds on the deposits of minors, while the Civil Code of the Russian Federation does not stipulate this? I think that such a requirement of banks is based on Article 37 of the Civil Code of the Russian Federation, the Federal Law of April 24, 2008 No. 48-FZ "On guardianship and trusteeship" and the Family Code of the Russian Federation of December 29, 1995 No. 223-FZ, and applies to children who are under the tutelage and guardianship.

So, paragraph 1 of Article 31 of the Civil Code of the Russian Federation determines that guardianship and trusteeship are established to protect the rights and interests of incapacitated or incompletely capable citizens. And in paragraph 2 of the same article it is said that guardianship and trusteeship over minors are established in the absence of their parents, adoptive parents, deprivation of parental rights by the court, as well as in cases when such citizens for other reasons were left without parental care, in particular when parents shy away from their upbringing or protection of their rights and interests.

And in accordance with clause 1 of Article 37 of the Civil Code of the Russian Federation, a procedure is introduced for guardians in which: “Income of the ward, including the amount of alimony, pensions, benefits and other social payments provided for his maintenance, as well as income due to the ward from management his property, with the exception of income, which the ward has the right to dispose of independently, is spent by the guardian or trustee exclusively in the interests of the ward and with the prior permission of the guardianship and trusteeship body. "

When making out bank deposits for minors under the age of 14 (i.e. a passbook for a child), parents, grandparents, guardians and adoptive parents should remember the following:

1. When using the funds of a minor (closing a bank deposit or conducting debit transactions on a deposit), placed even by you on a bank deposit, you will need the prior permission of the guardianship and trusteeship body, since banks are not authorized to independently qualify a depositor under Article 31 of the Civil Code of the Russian Federation.
2. Today, in banks, there are practically no types of deposits for children, issued before the age of majority and for a long period, so you can choose any deposit that is acceptable under the conditions, but better without the condition of partial withdrawal. Interest rates on deposits from which partial withdrawals can be made are generally lower.
3. Today banks offer deposits for a short term from 1 to 3, maximum 5 years, but at the time of prolongation of the deposit for a new term, the interest rate may change downward or this type of deposit may be completely closed by the bank. Consequently, the deposit must be monitored by checking the interest rate on this type of deposit at the time of prolongation and the very completion of the prolongation. And if the rate does not suit, and more profitable types of deposits have appeared, then the funds can be transferred to another type of deposit with higher interest rates.