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Contract of instruction for payment by a third party
d. [place of conclusion of the contract] [day, month, year]
[Full name of the organization, enterprise, indicating the legal form], hereinafter referred to as the "Principal", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the one hand, and [full name of the organization, enterprise, indicating the legal form], hereinafter referred to as the "Attorney", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the other hand, and collectively referred to as the "Parties", have entered into this agreement as follows:
1. Subject of the order
1.1. The Principal instructs, and the Attorney assumes the obligation to perform for remuneration on behalf and at the expense of the Principal the following legal actions:
Make a payment to [name of payee] under an agreement [insert as appropriate] between [insert names of parties] in the amount of [insert as appropriate] from your bank account;
Perform any other actions necessary to fulfill the obligations under this agreement.
1.2. The Attorney is obliged to execute the order in accordance with the instructions of the Principal, which are drawn up in writing and signed by authorized persons of the Principal. The instructions of the Principal must be lawful, feasible and specific.
2. Rights and Obligations of the parties
2.1. The trustee undertakes:
2.1.1. Proceed to the execution of the assignment immediately after the signing of this agreement.
2.1.2. Report to the Principal, at his request, all information about the progress of the execution of the order.
2.1.3. Personally carry out the assignment given to him.
2.1.4. Upon execution of the mandate or upon termination of the contract of mandate before its execution, without delay, but in any case no later than [insert the required] term, return to the Principal the power of attorney, the validity of which has not expired, and submit a report with supporting documents attached.
2.1.5. Perform other duties that, in accordance with this agreement or the law, are assigned to the Attorney.
2.2. The trustee must:
2.2.1. Issue a power of attorney (powers of attorney) to the Attorney (employees of the Attorney) to perform legal actions stipulated by this agreement.
2.2.2. Immediately accept the report of the Attorney, all documents provided by him and everything executed by him in accordance with this agreement.
2.2.3. Compensate the Attorney for the expenses incurred in connection with the execution of the order.
2.2.4. Pay the Attorney the remuneration stipulated by this Agreement.
3. Procedure for making payments
3.1. The amount of the Attorney's remuneration is [value] rubles.
3.2. The remuneration is paid by the Principal to the Attorney as follows:
- [value] % of the amount specified in paragraph 3.1 of this agreement is paid in advance within [value] banking days from the date of signing this agreement;
The remaining [value] % of the amount specified in paragraph 3.1 of this agreement shall be paid within [value] banking days after the acceptance of the report on the execution of the order.
3.3. Reimbursement of the agreed expenses incurred by the Attorney in the course of the execution of this agreement shall be made by the Principal upon submission by the Attorney of documents confirming such expenses within [value] banking days from the date of submission of supporting documents.
4. Liability of the parties
4.1. In case of delay in paying the Attorney's remuneration, the Principal pays the latter a penalty in the amount of [value]% of the overdue amount for each day of delay, but not more than [value]% of the Attorney's remuneration under this agreement.
4.2. In case of delay by the Principal in reimbursing the Attorney's expenses in accordance with clause 3.3 of this Agreement, the Principal shall pay the Attorney a penalty fee in the amount of [value]% of the overdue amount for each day of delay, but not more than [value]% of the overdue amount.
4.3. In case of non-performance or improper performance of obligations under this agreement by one of the parties, the other party has the right to terminate the agreement with the guilty party and present claims for compensation for losses incurred.
5. Duration of the order
5.1. This order comes into force from the moment of its signing by the parties and is valid until [day, month, year].
6. Procedure for resolving disputes
6.1. The Principal and the Attorney will take all measures to resolve all disputes and disagreements that may arise from this agreement or in connection with it, through negotiations.
6.2. If the Parties cannot reach an agreement, all disputes and disagreements arising from this agreement or in connection with it shall be resolved in the arbitration court at the location of the defendant.
7. Termination of the contract
7.1. This agreement may be terminated for the following reasons:
Cancellation of the order by the Principal;
Failure of the Attorney;
Bankruptcy Attorney;
Bankruptcy of the Trustee.
7.2. The Principal has the right to cancel the order at any time, and the Attorney to refuse it at any time. An agreement to waive this right is void.
8. Consequences of termination of this contract of agency
8.1. If this contract of agency is terminated before the task is executed by the Attorney in full, the Principal is obliged to reimburse the Attorney for the expenses incurred by him in the execution of the order and pay remuneration in proportion to the work performed by the Attorney.
8.2. The Attorney's refusal to execute the Principal's order or the Principal's cancellation of the order shall not be grounds for compensation for losses caused by the termination of this contract of assignment.
9. Privacy
9.1. The Parties agreed to keep confidential any information received by one Party regarding the other in the course of fulfilling obligations under this Agreement. The confidentiality regime applies to the text of the agreement and its main terms, as well as to any other information that any of the Parties identifies as confidential before or immediately upon its provision to the other Party.
9.2. The information recognized in accordance with this agreement as confidential cannot include information that is publicly available in accordance with the requirements of the legislation of the Russian Federation.
9.3. For violation of the confidentiality regime under this agreement, the Party that has committed such a violation is obliged to compensate the other Party for the direct losses incurred in connection with this violation.
9.4. The provisions of this article do not apply to cases where any of the Parties under the contract is obliged to disclose confidential information to the competent authorities in accordance with the requirements of the legislation of the Russian Federation.
10. Notifications
10.1. Any kind of notices, approvals, requests and other correspondence necessary to fulfill the obligations of the Parties under this Agreement shall be sent in writing and delivered by courier or registered mail with acknowledgment of receipt at the expense of the sending Party.
11. Final provisions
11.1. All changes and additions to this agreement are considered valid if they are made in writing and signed by duly authorized persons of the Parties.
11.2. Any agreement between the Parties, entailing new obligations that do not follow from this agreement, must be confirmed in writing by the Parties, and the corresponding addition must be signed to this agreement.
11.3. After signing this agreement, all previous written and oral agreements, negotiations and correspondence between the Parties become invalid if there is no reference to them in this agreement.
11.4. This agreement is signed in two copies in Russian, one copy for each Party, and both copies have the same legal force.
12. Details and signatures of the parties
Principal Attorney
[fill in] [fill in]
-
It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Principal instructs, and the Bank assumes the obligation to manage the Principal's funds in the amount of rubles transferred to the Bank for a period of months from the moment the money is received on the Bank's correspondent account.
1.2. For the implementation of this activity, the Principal pays the Bank a remuneration in the amount of % per annum from the income from the use of the Principal's funds transferred for management, including VAT.
2. DIRECTIONS OF INVESTING CASH
The Principal's funds may be invested in several of the following directions in rubles and foreign currency:
2.1. bank deposits;
2.2. short- and long-term loans;
2.3. government securities of the Russian Federation;
2.4. shares, bonds and other securities of legal entities circulating in the territory of the Russian Federation;
2.5. operations for the purchase and sale of foreign currency;
2.6. reconstruction, construction and other commercial projects.
3. RIGHTS AND OBLIGATIONS
3.1. The Principal is obliged, no later than within working days from the date of conclusion of this agreement, to deposit to the cash desk or transfer to his current account No. in the Bank the amount transferred for trust management, in accordance with clause 1.1. actual agreement.
3.2. The Bank has the right to choose one or more investment objects from among those specified in Section 2 of this Agreement and make payments from the current account of the Principal for investment.
3.3. The Bank's settlements with the Principal are made in accordance with the tariffs for settlement and cash services in the Bank.
3.4. Interest is calculated based on the actual number of days and a calendar year of 365 days.
4. RESPONSIBILITIES OF THE PARTIES
4.1. When investing funds transferred to trust management, the Bank assumes full responsibility for returning the specified funds to the Principal and ensuring payment of at least % per annum on these funds upon the expiration of the Agreement within banking days after the presentation of the Agreement.
4.2. In case of violation by the Bank of the obligations stipulated in clauses 4.1.
of this Agreement due to the fault of the Bank, the Bank pays a penalty in the amount of % of the amount of obligations for each day of delay.
5. TERM OF THE CONTRACT
5.1. This Agreement comes into force from the moment of its signing and is valid until the end of all settlements under it.
6. DETAILS AND SIGNATURES OF THE PARTIES
Bank
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
principal
- Registration address:
- Mailing address:
- Phone fax:
- Passport series, number:
- Issued by:
- When issued:
- Signature:
Agreement No.
for the provision of services for receiving money transfers
Federal State Unitary Enterprise (FSUE) Russian Post, hereinafter referred to as "Executor", (UFPS) of the Primorsky Territory - a branch "Mekhanoshin Sergey Nikolaevich, acting on the basis of power of attorney No. 68 dated 01/01/2001, on the one hand, and Open Joint Stock Company "EVRAZ Nakhodka Commercial Sea Port", hereinafter referred to as "Customer",, acting on the basis of Power of Attorney No. 1-NCSP/IV - 1 dated 01.01.2001, on the other hand, have concluded this Agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes the obligation to transfer funds to the addresses of the Customer's Clients:
employee's fees, on the basis of writ of execution;
o dividends;
o the amounts of material incentives and other amounts of payments provided for
normative documents of the Customer.
1.2. Receipt of funds is carried out in the currency of the Russian Federation, the maximum amount of one transfer should not exceed rubles.
1.3. The Contractor provides services to the Customer for the return of funds (postal orders) not received by the Customer's Clients and returned to the Contractor's settlement account after paying the fee for the return of the transfer (Appendices No. 1).
1.4. Transfer of funds is carried out using the technology of electronic transfer of money transfers in the Unified System of Postal Orders (abbreviated ESPP), in the manner and on the terms of this Agreement.
1.5. The provision of services is carried out in accordance with the Rules for the provision of postal services, approved by the Government of the Russian Federation of 01.01.01, Resolution No. 000 (hereinafter referred to as the POUPS), Postal Rules, as well as other regulatory acts of the legislation of the Russian Federation in force at the time of conclusion of the Agreement.
1.6. The Customer pays for the services rendered to the Contractor in accordance with the terms of this Agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The customer undertakes:
2.1.1. Ensure the transfer to the Contractor of the completed forms of postal orders f.112-ey (Appendix 3) assigned to the List f.103, filled in two copies (Appendix No. 4), a copy of the payment order with a bank mark on the transfer of funds to the account of the Contractor.
On the postal transfer form f.112-ey, indicate the intended purpose of the postal transfer in relation to each individual (on the back of the transfer form in the "Message" line).
2.1.2. Ensure the transfer of funds intended for the transfer of postal orders to the Clients of the Customer, payment of the tariff and additional
services (notification of the sender about the payment of the transfer, delivery of the transfer to the home of the recipient) provided by the Contractor to the settlement account of the Contractor, according to the bank details specified in the Agreement, at least three banking days before the date of sending the transfers.
The transfer of funds shall be carried out in the amount of the total amount indicated in the List f.103. The payment order must indicate the name of the post office, the name of the post office and the number of this agreement.
2.1.3. Ensure that transfers are delivered to the Contractor's post office two days after the funds are credited to the Contractor's settlement account.
2.1.4. Pay for the return of transfers at the rate applicable on the date of return of the transfer, within 5 (five) calendar days from the date of receipt of the invoice from the Contractor.
2.2. The Contractor undertakes:
2.2.1. To carry out the acceptance and processing of postal orders in post offices, on time up to three working days after the receipt of funds from the Customer to the settlement account of the Contractor, taking into account the tariff for sending transfers.
2.2.2. Accept postal orders, within the framework of this Agreement, from the Customer to the Clients at the post office No. 09 of the Nakhodka Post Office of the Primorsky Territory AFPS - branch ", located at: October 25, 15. .
2.2.3. Notify the Customer about the transfers returned to his name, issue a notice f. 22 and an invoice for payment of the tariff for returned funds transfers.
2.2.4. To carry out the transfer of funds to the Customer's settlement account for returned postal orders, on the next business day after the receipt of the amount of the tariff for the return of the transfer to the Contractor's settlement account.
2.2.5. Timely inform the Customer about changes in tariffs for sending postal money orders, as well as tariffs for additional services.
2.2.6. The Contractor undertakes, when making a transfer with the additional service "Notification of the Sender about the payment of the transfer", to give the Customer a notification (Appendix) on delivery of the transfer to the Recipient.
2.2.7 Return 1 copy. List f.103 (Appendix) with the mark of the Contractor (calendar stamp of the post office and the signature of the operator who performed the service). Issue a receipt indicating the type and category of the postal item (postal order), the name of the legal entity, the name of the postal service object and the amount of accepted transfers and the fee (tariff) for the services rendered.
2.3. The performer has the right:
2.3.1. Change unilaterally the tariffs specified in Appendix No. 1, at the same time notifying the Customer by posting new tariffs on the information resource "- **.
2.3.2. Refuse to transfer funds in the absence of a valid agreement on the transfer of funds, as well as when comparing the details of the Client and revealed a discrepancy in: the amount of the transfer, full name and address of the Client indicated on the transfer form f.112-ey and in the List f.103 .
3. PAYMENT PROCEDURE
3.1. The date of payment for services is the date of transfer of funds to the account of the Contractor.
3.2. If the amount of payment exceeds the amount of payment for the services actually rendered in the past billing month, the difference is credited against the prepayment for the next billing month or returned to the Customer upon his written request.
3.3. The cost of services for the transfer and return of funds, additional services is set in the amount of approved tariffs in force at the time of the provision of the service (Appendix). When paying the cost of services at the expense of the Client of the Customer (if
the transfer of funds withheld from wages
writ of execution, statements of the Clients of the Customer) VAT is included in
tariff for transfers (Appendix No. 1).
3.4. According to Art. 35 and Art. 36 "POUPS" postal items and postal orders not received by the addressees are returned to the senders at their expense to the return address; for the return of postal orders to a new address, a fee is charged, the amount of which is determined in accordance with the tariffs in force on the date of return (sending to a new address).
If the sender refuses to receive and pay for the return transfer, they are transferred for temporary storage to the number of unclaimed ones.
3.5. The Customer transfers funds to pay for services for sending transfers and to pay for additional services, according to the established tariffs (Appendix), simultaneously with the funds intended to fulfill obligations under clause 1.1. of this Agreement to the account of the Contractor.
4. FORCE MAJOR
4.1. The parties are released from liability for full or partial failure to fulfill obligations under this Agreement if they prove that it was the result of force majeure circumstances (force majeure), namely: natural disasters, war or hostilities, changes in legislation or others beyond the control of the parties , emergency and inevitable circumstances that occurred against their will, and provided that these circumstances directly affected the execution of this Agreement.
4.2. The Party for which it became impossible to fulfill obligations under the Agreement must immediately give a written notice to the other Party about the occurrence or termination of force majeure circumstances.
4.3. The deadlines for the fulfillment of obligations in the event of the occurrence of force majeure circumstances are postponed in proportion to the time during which such circumstances are in force. If the specified circumstances operate for more than 3 (three) consecutive months, one of the parties may refuse to perform this Agreement by sending a notice to the other party, while neither party has the right to demand compensation for losses from the other party.
4.4. At the request of one of the parties, the existence of force majeure circumstances is confirmed by the competent state authorities.
5. RESPONSIBILITIES OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment of obligations under this agreement, the parties shall be liable in accordance with the current legislation of the Russian Federation.
6. ANTI-CORRUPTION CLAUSE
6.1. In the performance of their obligations under the Agreement, the Parties, their affiliates, employees or intermediaries do not pay, offer to pay and do not allow the payment of any money or valuables, directly or indirectly, to any person to influence the actions or decisions of these persons to obtain any improper advantage or other improper purpose.
When fulfilling their obligations under the Agreement, the Parties, their affiliates, employees or intermediaries do not carry out actions qualified by the applicable law for the purposes of the Agreement as giving / receiving a bribe, commercial bribery, as well as actions that violate the requirements of applicable law and international acts on countering legalization (laundering) proceeds from crime.
6.2. If a Party suspects that a violation of any of the provisions of this Article has occurred or may occur, the Party concerned shall
notify the other Party in writing. In a written notice, the Party must refer to the facts or provide materials that reliably confirm or give reason to believe that a violation of any provisions of this Article has occurred or may occur by the counterparty, its affiliates, employees or
intermediaries, expressed in actions qualified by applicable law as giving or receiving a bribe, commercial bribery, as well as actions that violate the requirements of applicable law and international acts on combating the legalization of proceeds from crime. Upon written notice, the respective Party shall have the right to suspend the performance of its obligations under the Agreement until confirmation is received that a breach has not occurred or will not occur. This confirmation must be sent within ten working days from the date of sending the written notice.
Communication channels "Line of Trust" ": answering machine (4-47-12, fax (4-49-86 and feedback form on the website of the Enterprise **.
6.3. In case of violation by one Party of obligations to refrain from actions prohibited in this section and / or failure by the other Party to receive confirmation within the period established by the Agreement that the violation has not occurred or will not occur, the other Party has the right to terminate the Agreement unilaterally in whole or in part by sending a written notification about termination. The Party, on whose initiative the Agreement was terminated in accordance with the provisions of this Article, shall have the right to demand compensation for actual damage resulting from such termination.
7. DISPUTES PROCEDURE
7.1. All disputes under this Agreement shall be resolved by the parties through negotiations, if it is impossible to obtain an agreement, the parties refer the disputes to the Primorsky Territory Arbitration Court.
8 . CONTRACT TIME
8.1. This Agreement shall enter into force upon its signing and shall be valid until December 31, 2012 If one month before the expiration of the Agreement, neither party notifies the other in writing about its termination, the Agreement shall be recognized as prolonged for each subsequent calendar year on the same terms.
8.2. During the term of the Agreement, the parties have the right, by agreement, to make the necessary changes and additions to it.
8.3. Each of the parties has the right to unilaterally fully or partially refuse to perform this Agreement by notifying the other party in writing 30 calendar days before the date of termination of the Agreement.
8.4. Termination of this Agreement does not release the parties from the obligations that arose during the period of validity of the Agreement.
8.5. In the event of a change in legal and bank details, organizational and legal status, each party to the Agreement is obliged to notify the other party in writing within two days and provide all necessary information that may affect the relationship between the parties.
8.6. This Agreement is made in two copies, having equal legal force, one copy for each party.
9. APPS
9.1. Appendix - Tariffs: Domestic and international postal orders
9.2. Appendix - A sample of the front side of the electronic mail order form f.112-eu.
9.3. Appendix - A sample of the reverse side of the electronic mail transfer form f.112-eu.
9.4. Appendix - Sample list f. 103
9.5. Annex - Sample notification of delivery of the transfer.
Annexes to this agreement is its integral part.
10. LEGAL ADDRESSES AND BANK DETAILS
|
Executor |
Customer |
|
AFPS Primorsky Krai - Primorsky branch Communication - Bank of Vladivostok Tel.(4fax(4 E-mail: *****@***marine. su |
Primorsky Territory, Nakhodka, st. Portovaya, 22. VTB" in Vladivostok E-mail: *****@*** |
|
Executor Deputy Director AFPS Primorsky Krai branch » |
Customer |
|
__________________ | |
|
“___”___________________2012 |
Appendix
to contract No. ____________________
dated "__" _____________ 2012
|
Product billing procedure |
|||
|
"Postal transfer in Russia" |
|||
|
Section 1 |
|||
|
Domestic transfers |
|||
|
article no. |
Amount to be transferred, name of services |
Tariff, rub. cop. |
|
|
Postal money orders, including to Kyrgyzstan and Latvia |
|||
|
up to 1,000 rubles inclusive |
27 rub. + 7% of the transferred amount |
||
|
over 1,000 to 5,000 rubles. inclusive |
57 rub. + 4% of the transferred amount + 1% of the amount over 1000 rubles. |
||
|
197 rub. + 2% of the transferred amount |
|||
|
Over rub. inclusive |
397 rub. + 1% of the transferred amount |
||
|
Notice of delivery of postal order | |||
|
Notes to article 1: |
|||
|
1. Tariffs apply: For transfers carried out without concluding a contract in writing; For transfers made under agreements accepted by bank transfer with a total amount not exceeding 5 million rubles. per month. |
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|
2. Transfers with customs payment are charged in accordance with article 1 3. The tariff includes VAT in the amount provided for by the current legislation of the Russian Federation. |
|||
|
Delivery of a postal order to the addressee's home(paid by sender or addressee separately) |
1.77% of the transferred amount, but not less than 29.5 rubles. for one transfer (for social benefits, at least 11.8 rubles). |
||
|
Note to Article 3: 1. The tariff includes VAT in the amount provided for by the current legislation of the Russian Federation. 2. Social payments are understood as the payment of pensions, social benefits, compensations, subsidies, as well as other special-purpose payments of a social nature in accordance with the legislation of the Russian Federation and regulatory legislative acts of the constituent entities of the Russian Federation. |
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Return of transfers | |||
|
The return of the transfer to the return address of the sender is paid by the sender at the rate for simple transfers in force on the date of return in the territory of the sender's region. |
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The return of the transfer to a new address (forwarding to a new address) of the recipient is paid by the user of the service (recipient or sender) at the rate for simple transfers in force on the date of return in the region of the user of the service. |
|
Section 2 |
||
|
International postal orders |
||
|
to Ukraine, Belarus, Kazakhstan, Moldova, Azerbaijan, Armenia, Uzbekistan, Tajikistan, Turkmenistan, Lithuania, Estonia, Georgia, France and China |
||
|
Amount to be sent |
Tariff (including VAT), rub. |
|
|
Up to 1,000 rubles |
7 rub. + 8% of the transferred amount |
|
|
Over 1000 to 5000 rubles. inclusive |
87 rub. + 3.5% of the amount over 1000 rubles. up to 5000 rub. inclusive |
|
|
Over 5,000 additional rubles. inclusive |
227 rub. + 2.5% of the amount over 5,000 rubles. dorub. inclusive |
|
|
Over rub. |
602 rub. + 1.5% of the amount over RUB. to rub. |
|
Appendix
to contract No. ____________________
Sample of the front side of the electronic mail order form f.112eyu
|
Executor Deputy Director AFPS Primorsky Krai branch » |
Customer I. about the Managing Director of EVRAZ NCSP |
|
__________________ | |
|
“___”___________________2012 |
“___”___________________2012 |
Appendix
to contract No. ___________________
dated "___" _____________ 2012
Sample of the reverse side of the form of electronic mail transfer f.112eyu
|
Executor Deputy Director AFPS Primorsky Krai branch » |
Customer I. about the Managing Director of EVRAZ NCSP | ||
|
__________________ | |||
|
“___”___________________2012 |
“___”___________________2012 |
Appendix to the contract No. _________________
SAMPLE dated "___" _____________ 2012
LIST No. ________ F. 103
Money transfers
from "___" ________________ 20___
Filed in _____________________________________________ Simple Expedited With notification (name and index of the place of reception)
Sender________________________________________________________ __________________________________________________________
(name of organization, address) (TIN, KPP, r / s, c / s, bank name, BIC)
____________________________________________________
Total transfers:_______ Total sheets:_______ Sheet No._______ ____________________________________________________
|
Mailing address (with index) |
Transfer amount, (rub.) |
shipping fee, |
shipping fee, |
Amount to send (group 5 + group 8), |
||||
|
Total: |
* - when calculating the amount of VAT, take into account four decimal places
Total amount_______________________________________________
Total transfer amount (column 5) _________________________________________________________________________________________________________________
(amount in figures and words)
Total amount of shipping fee (column 8)________________________________________________________________________________________________ (amount in figures and words)
including VAT (column 7)________________________________________________________________________________________________
(amount in figures and words)
Total for shipment, including VAT(gr..9) _________________________________________________________________________________________________
(amount in figures and words)
Additional services:
Total shipping fee
notifications of delivery, with VAT ____________________________________________________________, including VAT ______________________________________
(amount in numbers and words) (amount in numbers and words)
TOTAL PAYABLE: ______________________________________________________________________________________________________________
(amount in figures and words)
including VAT________________________________________________________________________________________________
(amount in figures and words)
Supervisor ________________ /________________/ Ch. Accountant ________________/ ________________/
(signature) (signature transcript) (signature) (signature transcript)
Passed __________________________ Accepted _____________________________
|
|
|
|
__________________________ ____________________________
(signature) (signature)
__________________________ (M.P.) ___________________________ (impression of KPSh OPS
(full name) (full name) receiving places)
|
Executor Deputy Director AFPS Primorsky Krai branch » |
Customer I. about the Managing Director of EVRAZ NCSP | ||
|
__________________ | |||
|
“___”___________________2012 |
“___”___________________2012 |
Appendix
to contract No. __________________
dated "___" _____________ 2012
Sample Notice
|
Executor Deputy Director AFPS Primorsky Krai branch » |
Customer I. about the Managing Director of EVRAZ NCSP | ||
|
__________________ | |||
|
“___”___________________2012 |
“___”___________________2012 |
Counterparty information card
under contract No. ____________________________ dated "___" __________ 2012
|
No. p / p |
Name of the field to be filled |
Information about the counterparty |
|
Full name of the organization |
Open Joint Stock Company EVRAZ Nakhodka Commercial Sea Port |
|
|
Short name of the organization | ||
|
Organizational and legal form |
Public corporation |
|
|
Legal address |
Primorsky Krai, 2. |
|
|
Postal address |
Primorsky Krai, 2. |
|
|
OKFS/OKOPF | ||
|
Bank name and location its location |
Branch of VTB" in Vladivostok, Vladivostok |
|
|
Checking account | ||
|
Correspondent account | ||
|
Position of the head of the organization |
And about. Managing Director of EVRAZ NCSP |
|
|
Full name of the head | ||
|
Full name Ch. accountant, phone number | ||
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Name of the executor of the contract in the organization | ||
|
Phone number, facsimile, e-mail address of the contract executor in the organization | ||
|
Tatiana. *****@*** |
||
Contractor ___________________ ( )
Contract No. _____ for the provision of money transfer services
________________________ "___"__________ ____ city (settlement) ___________________________________________, license N _____, issued by (name of the payer's operator) ______________________________, hereinafter referred to as __ "Operator 1", represented by (name of authority) ___________________________, acting __ on the basis of ____________________, (position, Full name) on the one hand, and _________________________________ represented by ___________________________, (name of the recipient's operator) (position, full name) acting __ on the basis of __________________________, hereinafter referred to as __ "Operator 2", on the other hand, together referred to as the "Parties" or "Operators", have entered into this agreement (hereinafter referred to as the "Agreement") as follows:1. The Subject of the Agreement
1.1. The Parties provide each other with mutual paid services for the transfer of funds within the framework of the applicable forms of non-cash payments in accordance with the requirements of the legislation of the Russian Federation 1 .
1.2. Prior to making money transfers in order to make settlements with other participants in the payment system, Operators 2 open their bank accounts in the relevant settlement center.
1.3. The exchange of information on issues related to the transfer of funds between the Parties is allowed only in a mode that ensures confidentiality.
1.4. To transfer funds, Operator 1 provides Operator 2 with the following information about the recipient:
Details of the beneficiary's open account or
Full Name);
Citizenship;
Date of Birth;
Details of an identity document;
Data of a migration card (another document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation);
Address of residence (registration) or place of stay;
Taxpayer identification number (if any).
Option for legal entities:
Name;
TIN, KPP or code of a foreign organization;
State registration number;
Place of state registration;
Location address.
1.5. Under this Agreement, the Parties are not entitled to:
Provide each other with funds to increase the balances of electronic money of payers or recipients;
To carry out the accrual of interest on the balance of electronic funds or the payment of any remuneration to payers or recipients.
2. The procedure for transferring funds
2.1. When making non-cash payments in the form of electronic money transfers 3 Operator 1 provides funds to Electronic Money Operator 2 on the basis of this Agreement using its bank or correspondent account 4 .
2.2. To carry out money transfer operations, Operator 1 sends Operator 2 information about the payer and the recipient, provided for in Appendix 1 to the Regulations on the rules for making money transfers, approved by the Bank of Russia on June 19, 2012 N 383-P.
2.3. Funds are transferred from Operator 1 to Operator 2 within the limits of the balances of the credited funds of the payers.
2.4. The transfer of electronic funds is carried out on the basis of the instructions of the payers or recipients of funds immediately after the Operator accepts the client's order.
2.5. Orders of payers or recipients may be transmitted, accepted for execution, executed and stored electronically or on paper.
2.6. After the execution of the order, Operator 2 immediately submits to Operator 1 a confirmation of the execution of the specified order.
2.7. Within the framework of this Agreement, the Parties constantly take into account information on the balances of electronic money and the transfers of electronic money.
2.8. Transfers of electronic money in foreign currency between residents, transfers of electronic money in foreign currency and the currency of the Russian Federation between residents and non-residents, as well as transfers of electronic money in foreign currency and the currency of the Russian Federation between non-residents are subject to the requirements of the currency legislation of the Russian Federation , acts of currency regulation bodies and acts of currency control bodies.
2.9. Operator 1 or 2 remuneration (if charged) cannot be deducted from the funds transfer amount, except in cases of cross-border funds transfers.
3. Commissions. Remuneration of the Parties
3.1. Operator 1 pays Operator 2 a fee for opening and maintaining account N _____ in the amount of _____ (__________) rubles per day (or: month, year) (or: percent of the transfer amount, but not more than _____ (__________) rubles).
3.2. Operator 1 pays Operator 2 a commission for transferring funds to the recipient in the amount of _____ (__________) rubles (or: _____ percent of the transfer amount).
3.3. Operator 1 pays Operator 2 a fee for each transfer of funds to the recipient in the amount of _____ (__________) rubles (or: percent of the transfer amount, but not more than _____ (__________) rubles).
3.4. Commissions are deducted from the transfer amount.
3.5. The remuneration is paid by Operator 1 to Operator 2 after Operator 2 accepts for execution an instruction to transfer funds in the manner specified by Operator 2.
4. Duration of the Agreement
4.1. This Agreement shall enter into force upon its signing by the Parties.
4.2. The term of the Agreement expires on "___" __________ ____.
4.3. This Agreement shall terminate if the Parties fulfill their obligations under the Agreement in full. The expiration of the term of the Agreement does not terminate the obligations of the Party if it has not fulfilled them during the term of the Agreement.
4.4. This Agreement may be terminated ahead of schedule on the basis of a written agreement of the Parties or on other grounds established by the current legislation of the Russian Federation.
4.5. The contract cannot be terminated during the transfer of funds.
5. Privacy
5.1. The terms of this Agreement, additional agreements thereto and other information received by the Operator in accordance with this Agreement are confidential and not subject to disclosure.
6. Additional terms and final provisions
6.1. Additional terms of this Agreement: ____________________.
6.2. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the Parties or duly authorized representatives of the Parties.
6.3. All notices and communications must be sent in writing or electronically in accordance with the requirements of Part 2 of Art. 160 of the Civil Code of the Russian Federation, Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature".
6.4. In all other respects that are not provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation and the Rules of the payment system 5 .
The Payment System Rules are attached to this Agreement and are its integral part.
The rules of the payment system are handed over by Operator 1 to Operator 2 and vice versa, about which a note is made in this Agreement, certified by the signatures of authorized persons.
6.5. The Agreement is made in two copies, having equal legal force, one of which is held by the Operator 1, the second - by the Operator 2.
7. Details of the Parties
Operator 1: __________________________________________________________
________________________________________________________________
Operator 2: __________________________________________________________
________________________________________________________________
________________________________________________________________
Signatures of the parties
Operator 1: ________________________ M.P. Operator 2: ________________________ M.P.1 In accordance with paragraph 1 of Art. 862 of the Civil Code of the Russian Federation, when making non-cash payments, settlements by payment orders, letters of credit, checks, settlements by collection, as well as settlements in other forms provided for by law, banking rules established in accordance with it and business practices applied in banking practice are allowed.
According to paragraph 6 of part 1 of Art. 20 of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System", the applicable forms of cashless payments should be determined by the rules of the payment system.
2 Money transfer operators are:
1) Bank of Russia;
2) credit institutions that have the right to transfer funds;
3) State Corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)".
In particular, credit institutions operate as money transfer operators in accordance with Federal Law No. 161-FZ of June 27, 2011 "On the National Payment System", Federal Law No. 395-1 of December 2, 1990 "On Banks and Banking Activity" and Bank of Russia regulations (Part 3, Article 11 of Federal Law No. 161-FZ of June 27, 2011 "On the National Payment System").
3 Electronic money - money that is previously provided by one person (the person who provided the money) to another person, taking into account the information on the amount of the funds provided without opening a bank account (obligated person), to fulfill the monetary obligations of the person who provided the money, to third parties and in respect of which the person who provided the funds has the right to transfer orders exclusively using electronic means of payment.
At the same time, funds received by organizations engaged in professional activities in the securities market, clearing activities and (or) activities for the management of investment funds, mutual investment funds and non-state pension funds and accounting for information on the amount of funds provided without opening a bank account in accordance with the legislation governing the activities of these organizations (clause 18, article 3 of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System").
4 Features of the transfer of electronic funds are provided for in Art. 7 of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System".
The transfer of electronic funds is carried out with or without identification of the client in accordance with the Federal Law of August 7, 2001 N 115-FZ "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (part 1 of Art. 10 of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System").
Contract N ______
about money transfer
___________________ "___"__________ ____ G.Hereinafter referred to as __ "Subagent", represented by __________________, acting __ on the basis of __________________, on the one hand, and __________________, represented by __________________, acting __ on the basis of Art. ___ of the Agreement between the operator and the bank paying agent dated "___" _______ ____, N ___, as well as __________________, hereinafter referred to as __ "Paying Agent", on the other hand, collectively referred to as the Parties, have concluded this Agreement as follows.
1. The Subject of the Agreement
1.1. The Subagent undertakes to perform on behalf and at the expense of the Paying Agent the legal and other actions specified in clause 1.2 of this Agreement related to the transfer of funds of individual clients (hereinafter referred to as the “clients”), including without opening bank accounts in accordance with the law , including requirements for spending cash received at the Subagent's cash desk, and the Paying Agent undertakes to pay the Subagent a fee for the execution of the order.
1.2. The Paying Agent instructs the Subagent to:
1) accepting cash from the client and (or) issuing cash to the client, including using payment terminals and ATMs;
2) providing customers with an electronic means of payment and ensuring the possibility of using an electronic means of payment in accordance with the conditions established by the money transfer operator;
3) carrying out the identification of the client, his representative and (or) the beneficiary in order to transfer funds without opening a bank account in accordance with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.
1.3. The subagent must simultaneously meet the following requirements:
1) identify the client, his representative and (or) the beneficiary in accordance with the requirements of the legislation of the Russian Federation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism when transferring funds without opening a bank account;
2) use a special bank account (accounts) for full crediting of cash received from clients;
3) confirm the acceptance (issuance) of cash by issuing a cash receipt;
4) provide customers and other persons with the information provided for by Part 15 of Article 14 of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System";
5) use payment terminals and ATMs in accordance with the requirements of the legislation of the Russian Federation on the use of cash registers when making cash payments.
1.4. The following operations can be carried out on the special bank account of the Subagent:
1) crediting cash received from customers;
2) crediting funds debited from another special bank account of the banking Paying Agent (Subagent);
3) write-off of funds to bank accounts.
It is not allowed to carry out other operations on a special bank account.
1.5. Cash register equipment as part of a payment terminal, ATM used by the Subagent must ensure the issuance of a cash receipt containing the following mandatory details:
1) name of the document - cash receipt;
2) the total amount of accepted (issued) funds;
3) the name of the operation of the Subagent;
4) the amount of remuneration paid by an individual in the form of a total amount, including, among other things, the remuneration of the Subagent in case of its collection;
5) date, time of receipt (issue) of funds;
6) the number of the cash receipt and cash register equipment;
7) the address of the place of receipt (issue) of funds;
8) the name and location of the money transfer operator and the Subagent, as well as their taxpayer identification numbers;
9) phone numbers of the money transfer operator, Paying Agent, Subagent;
10) _______. (other details provided by the Agreement)
1.6. The list of places where the Subagent uses payment terminals or ATMs with addresses is given in Appendix N ___ to this Agreement.
1.7. The subagent has the right to collect remuneration from clients.
1.8. The Paying Agent has the right to monitor the Subagent's compliance with the conditions established by Article 14 of the Federal Law of June 27, 2011 N 161-FZ "On the National Payment System", the Agreement and the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.
The procedure for exercising control by the Paying Agent for the transfer of funds over the activities of the Subagent is established by the regulations of the Bank of Russia and clause 1.9 of the Agreement.
1.9. The Paying Agent controls the activities of the Subagent in the following order: __________________________________________________________________ (regulation of control, taking into account paragraph 5 of article 13.1 of the Federal Law "On banks _________________________________________________________________________________ and banking activities", paragraph 2 of article 7 of the Federal Law "On the activity of accepting __________________________________________________________________________. payments from individuals carried out payment agents" and clause 20, article 14 of the Federal Law)
1.10. Non-compliance by the Subagent with the above conditions is the basis for the unilateral refusal of the Paying Agent to execute the Agreement.
1.11. The Subagent is not entitled to entrust other persons with the functions specified in clause 1.2 of the Agreement.
(If necessary: 1.12. The Subagent insures its risk of civil liability for failure to fulfill the obligation to make settlements with the Paying Agent in the amount of at least _______ rubles.)
1.13. Payment terminals or ATMs used by the Subagent in the performance of the Agreement must contain cash registers and automatically provide:
1) providing individuals with information provided for in Part 13 of Art. 13.1 of the Federal Law of December 2, 1990 N 395-1 "On Banks and Banking Activities";
2) acceptance from individuals of information about the name of the payee, the name of the payment, the amount of funds contributed to the Subagent, as well as other information, if this is provided for by the agreement on the implementation of activities for accepting payments from individuals;
3) acceptance of funds contributed by individuals;
4) printing of cash receipts and their issuance to individuals after receiving the deposited funds.
1.14. ATMs used by the Subagent must comply with the requirements established by law.
1.15. In the event of a change in the address of the installation site of the payment terminal or ATM, the Subagent is obliged to send a corresponding notification to the tax authority on the day such a change is made, indicating the new address of the installation site of the cash register equipment that is part of the payment terminal or ATM. A copy of the said notice shall be simultaneously sent to the Paying Agent.
1.16. The subagent guarantees the secrecy of account transactions and information about customer accounts.
1.17. The Subagent is not entitled to provide the client with funds in order to increase the balance of electronic funds through the Paying Agent by the operator.
1.18. The Subagent and the Paying Agent carry out information and technological interaction in the following order: _______________________ ___________________________________________________. (technical parameters and regulations of interaction) 1.19. The Paying Agent and the Subagent comply with the rules of the payment system - _________________________________________________. (name of payment system and rules)
2. Mutual obligations of the Parties
2.1. The subagent must:
2.1.1. Ensuring compliance with established procedures for making customer payments.
2.1.2. According to the collection schedule, hand over to the Paying Agent (or: operator) the cash received from customers for crediting in full to their separate bank account (accounts).
2.1.3. Provide the Paying Agent (or: Operator) with information about the transactions performed and completed electronic messages.
2.2. The paying agent must:
2.2.1. Assist the Subagent in the performance of the Agreement.
2.2.2. Pay for the services of the Paying Agent.
3. Remuneration of the Subagent
3.1. The Paying Agent pays the Subagent remuneration for the rendered services at the rates of the Paying Agent.
3.2. The Parties weekly (monthly, etc.) reconcile the calculations of the Subagent's remuneration within ____ days from the date of _____________.
4. The procedure for considering disputes involving third parties
4.1. The Parties take comprehensive measures to preserve and document adequate evidence for filing claims, claims and other measures of influence against violators of the rules for the provision of services.
4.2. At the written request of a Party, the other Party provides it or the court with the necessary materials, documents, explanations.
4.3. Disputes with third parties that are not settled through negotiations are resolved in court. In this case, the Parties, on the basis of this Agreement, undertake to act jointly.
5. Responsibility of the Parties
5.1. The parties are responsible in accordance with applicable law.
5.2. The Subagent shall be liable for actual damage caused to the Paying Agent as a result of non-provision (improper provision) of services.
5.3. According to the rules of the payment system, the liability of the Subagent for actual damage may be limited by the amount of the penalty, except for cases of deliberate non-provision (improper provision) of services.
5.4. Fulfillment of the obligations of the Subagent to the Paying Agent when making settlements under the Agreement is secured by a penalty in the amount of ____ percent of the amount of the unfulfilled obligation for each day of non-fulfillment.
5.5. The fulfillment of the obligations of the Subagent to the Paying Agent in the course of settlements under the Agreement is secured by a pledge of _________________ ____________________________. (list of pledges) 5.6. The fulfillment of the obligations of the Subagent to the Paying Agent when making settlements under the Agreement is secured by a guarantee of ____________________________________________ dated "___" ________ ____, N ___ (name, address, TIN of the guarantor) in the amount of _______ rubles. 5.7. The fulfillment of the obligations of the Subagent to the Paying Agent when making settlements under the Agreement is secured by a bank guarantee __________________________________ dated "___" ________ ____, N ____ for the amount (name, address, TIN of the guarantor) ______ (____________) rubles. 5.8. The fulfillment of the obligations of the Subagent to the Paying Agent when making settlements under the Agreement is secured by a deposit from "___" ________ ____ N ____ in the amount of ______ (____________) rubles. 5.9. The fulfillment of the obligations of the Subagent to the Paying Agent when making settlements under the Contract is secured by insurance of the risk of civil liability for failure to fulfill the obligation to make settlements with the Operator on the basis of an insurance contract with _______________________________________________________________ and a policy dated (name, address, TIN of the insurance organization) "___" _______ ____ N _____ in the amount of ______ (____________) rubles. 5.10. Fulfillment of obligations of the Subagent to the Paying Agent in the course of settlements under the Agreement shall be ensured by ____________________________. (method provided by the Agreement)
6. Duration of the Agreement
6.1. This Agreement shall enter into force upon its signing by the Parties.
6.2. The term of the Agreement expires on "___" _______ ____.
6.3. This Agreement shall terminate if the Parties fulfill their obligations under the Agreement in full. The expiration of the term of the Agreement does not terminate the obligations of the Party if it has not fulfilled them during the term of the Agreement.
6.4. This Agreement may be terminated ahead of schedule on the basis of a written agreement of the Parties or on other grounds established by the current legislation of the Russian Federation.
6.5. The contract cannot be terminated during the transfer of funds.
7. Privacy
7.1. The terms of this Agreement, additional agreements to it and other information received by the Parties in accordance with this Agreement are confidential and not subject to disclosure.
8. Additional terms and final provisions
8.1. Additional terms of this Agreement: ___________________.
8.2. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the Parties or duly authorized representatives of the Parties.
8.3. All notices and communications must be sent in writing or electronically in accordance with the current legislation of the Russian Federation.
8.4. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation and the Rules of the payment system.
The Payment System Rules are attached to this Agreement and are its integral part.
8.5. The Agreement is made in two copies, one of which is kept by the Paying Agent, the second — by the Subagent.
9. Details of the Parties
Paying agent: __________________________________________
___________________________________________________________
___________________________________________________________
Subagent: _________________________________________________
___________________________________________________________
___________________________________________________________
