What is a pre-given acceptance. Acceptance given in advance

– consent to payment of the presented settlement documents, acceptance of the proposed conditions.

In accordance with Art. 438 of the Civil Code of the Russian Federation:
“Acceptance is the response of the person to whom the offer is addressed, about its acceptance.
The acceptance must be complete and unconditional.
Silence is not an acceptance, unless otherwise follows from the law, customary business practice or from previous business relations of the parties.
The performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the conditions of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided by law, other legal acts or not specified in the offer.

Applied to banking operations acceptance is used in settlements with payment requests.
Payment requests submitted to the bank by the recipients of funds through their servicing bank can only be with the acceptance of the payer, i.e. be paid only with the consent of the payer and at his order.
The term for acceptance, as a rule, is established by an agreement between the payer and the recipient of funds and is indicated on the payment request. In the absence of such an indication, the period for acceptance is 5 working days. Those. within this period, the payer must submit to the bank a document of acceptance (consent to payment) or refusal to accept.
Refusal of acceptance can be either complete, for the entire amount of payment, or partial (for example, in cases of incompleteness, poor quality of goods, arithmetic error, etc.).

If, within the period established for acceptance, the bank does not receive the payer's consent to payment or his refusal to accept in the prescribed form, payment request will be returned by the bank to the recipient of funds without execution.

Acceptance of a payment (settlement) document may be given in advance.

Acceptance given in advance - consent to payment of a payment (settlement) document, given by the payer in advance (before the payment document arrives at the bank) in an agreement between the bank and the payer, or issued in the form of a separate document. It should be noted that the execution of this acceptance in advance involves an indication of the amount of acceptance or the procedure for its determination, information about the recipient of funds who has the right to present orders to bank account payer, about the payer's obligation and the main contract, indicating the possibility (impossibility) of partial execution of the order, as well as other information.

In the case of a pre-given acceptance, the field of the payment request "Term for acceptance" is not filled.

Reference: Since 2012, settlements by payment requests "Without acceptance" of the payer have been cancelled. In addition, the concept of "preliminary acceptance" is excluded.

The concept of "Acceptance" is also applicable in settlements by letters of credit and bills of exchange.

Banks can accept payment documents of the payer, thus giving a guarantee of their payment (Bank acceptance). In case of insolvency of the payer, the accepting bank pays for these documents. It is used in foreign trade transactions, settlements by letters of credit and bills of exchange.

The acceptance of a bill of exchange is drawn up by the debtor on a special field of the bill and means his (debtor's) consent to pay this bill. The obligation to pay a bill of exchange by the debtor arises only after the acceptance of this bill by him.

Reading 10 min. Views 735 Published on 10/13/2018

The term "acceptance" is widely used in the financial sector. Ordinary people encounter this term when applying for a loan. The mark "accepted" can lead a citizen to bewilderment. Below we will consider the question of what acceptance is, and also talk about the rules for using this concept in various fields.

In fact, acceptance (eng. Accept - agree, accept) is the consent of the recipient of the document to pay or be responsible for timely payment for this document

Acceptance: definition of the concept

The term in question is often used in the field of entrepreneurship. In the event that one of the parties to the contractual relationship agrees with the original terms of the contract, this means that the agreement has been accepted. It is important to note that the second participant does not make additions to the signed document. talking plain language, acceptance is a kind of agreement with the terms of the transaction.

According to experts, not only contracts, but also other types of documents are subject to acceptance.

As a rule, this tool is used in situations where the parties to the transaction cannot hold a personal meeting. In this situation, one of the parties sends a copy of the contract to the other. Upon agreement with the terms of the transaction, the company sends an acceptance confirming the conclusion of the transaction. It is important to note that the current laws provide a list of restrictions on the use of acceptances:

1. The absence of a response from one or more participants in the contractual relationship cannot be considered as unconditional acceptance of the terms of the contract. The only exception is the situation in which the parties have previously signed an agreement with different terms.
2. In the event that a party to the agreement, having received the contract, begins to fulfill the conditions without responding to the acceptance of the counterparty, the contract is assigned the status of an accepted contract.
3. The party acting as the initiator of the acceptance receives a written notification with consent to the execution of the contract or the refusal of the partnership. In the event of the development of the first situation, the second party undertakes to fulfill all the conditions of the contract or pay a penalty.

It is important to note that the meaning of the term in question may vary depending on the scope of its use. The concept of "acceptance" can mean:

1. Unconditional agreement with the terms of the contract.
2. Agreement with payment terms.
3. Repayment of financial obligations under a bill.

Fulfillment of contractual obligations for personal reasons of one of the participants in the transaction. Summarizing all of the above, we can conclude that acceptance is agreement with certain conditions. Also in the financial sector, the phrase “payment without acceptance” is often used. This term must be understood as the forced withdrawal of money from the account of a person who has a debt to the second party. It is important to note that this right is granted only to representatives of state institutions.

Features of the conclusion (conditions)

As we said above, the use of acceptance is advisable in cases where the participants in contractual legal relations cannot conduct personal negotiations in order to sign a contract. The party issuing the acceptance agrees to all the terms of the contract, depriving itself of the opportunity to make adjustments to the concluded agreement.

In addition, acceptance can be considered as conclusive actions within the framework of a public offer. Often, this term is considered as the use of the services of a participant in legal relations acting as an obligated party.

Acceptance is a procedure for considering the main conditions of a financial, payment or other document and making a decision on payment

Varieties of acceptance

Acceptance is a standard procedure during which payment orders and other acts of a financial nature are considered. Upon completion of the consideration of documents, the participant in the transaction must make decisions on payment and maturity of financial obligations. Consent to the terms of the contract is confirmed by a personal seal, a signature marked "acceptance" or a digital signature.

Under current laws, the issuance of an acceptance implies full and unconditional agreement with the requirements of the second participant. This means that the party using this tool cannot fulfill only part of the points set out in the contract. The Civil Code contains complete information on the timing of the fulfillment of obligations, according to the issued acceptance.

bill of exchange

In order to agree to the payment of financial obligations on the basis of a bill, the party acting as a debtor must put his signature on this document. The need to confirm agreement with the payment of debt arises only when using bills of exchange. Here it is necessary to highlight the fact that the date of acceptance of the bill is the day on which the debtor put his signature on the document. In the case of a promissory note, there is no need to make a mark, since the countdown of the debt repayment period begins from the day the paper is received.

It is necessary to confirm agreement with the terms of the bill of exchange only in those cases when the party that issued this document indicated the clause on the issuance of acceptance. Payment on bills of exchange is carried out within a certain time period from the moment the document is presented.

In banking practice

Above, we have already said that the instrument in question is often used in banking practice. In this area, "acceptance" means the consent of the bank to issue funds as a loan.. Before giving permission for a loan, employees of a banking organization carefully study credit history client.

As an example of how this tool works, consider a small practical example. An entrepreneur who is a client of the bank wants to pay according to the agreement. The funds must be credited to the account of the counterparty within a certain period. However, the entrepreneur himself does not have enough financial resources. In this case, the entrepreneur may ask the bank to make a transfer in the name of the counterparty. Bank employees, after analyzing the credit history of their client, make a decision on this issue. Next, the bank waits for the moment when new funds arrive in the account of its depositor in order to deduct the amount spent.

It should be noted that in banking practice such terms as prior and subsequent consent are used. A credit institution that has received a payment order must receive confirmation from the payer. After obtaining consent, cash, intended for payment, are frozen for three days. This period is allotted so that the payer can change his mind and refuse to transfer funds. In the absence of a withdrawal of funds after the expiration of the above period, the bank conducts the transaction.

The acceptance can be transferred to the sender of the document by means of an electronic signature, an inscription on the document or other means of communication.

Offer

Acceptance with the terms of a public offer should be understood as confirmation of consent to the execution of a contract in accordance with the conditions fixed in the document. As a rule, a public offer consists of several large sections, including many different items. The second party to the transaction may need a long time period to study all the conditions proposed by the counterparty. It should be noted here that receiving a notification with notes on the meaning of some points and questions about the terms of the agreement cannot be considered as formal consent to the conclusion of the contract.

According to lawyers, it is unacceptable to conclude contracts upon receipt of notifications containing not only an acceptance, but also comments on various sections of a public offer. This nuance must be taken into account before starting to fulfill obligations under the contract, where there is no signature of the second participant. Before starting work, it is recommended to settle all legal subtleties and make appropriate adjustments to the contract.

Check

The term "accepted account" implies the consent of the second party with the requirements of the participant in the contractual legal relationship that drew up the payment order. This mark confirms agreement with both the amount of the invoice and the deadlines for the execution of the object of the contract. Receiving such a confirmation means a quick transfer of funds to the account of the sender of the goods or the organization providing the service. It should be noted here that the receipt of consent with the payment order cannot be regarded as the fact that payment will occur before the deadlines specified in the contract.

Acceptance of the invoice should be considered as a preliminary agreement on the amount and terms of payment. In the event that the participant who accepted the payment order disagrees with its content, he may demand that his counterparty make adjustments. Also, this participant has legal grounds for refusing to pay. In case of issuing an acceptance, this company undertakes to make payment within the time limits specified in the payment order.

Treaty

Entrepreneurs who apply in their practice various acts requiring acceptance must use certain accounting methods. After the conclusion of the contract, the participant in the transaction, acting as the seller, sends the goods or provides the service. After that, this party forms a payment order, which is sent by mail or handed over personally.

It takes five business days to issue an invoice. An acceptance confirming agreement with the total amount payable and the maturity of the debt is recorded in the payment order or sent as a separate notification. Receipt of such a document is an official confirmation that all clauses of the contract will be executed on time.

According to Russian legislation, acceptance is complete (it is impossible to accept part of the obligation) and unconditional (unconditional)

Accepted letter of credit

The term "letter of credit" is used in relation to those contracts where, in addition to the main participants in the agreement, there is a third party. As a rule, the bank acts as an intermediary. The participant in the transaction, acting as the seller, is obliged to send the goods or perform work in accordance with all the requirements of the contract. The customer of the goods or services undertakes to transfer the payment in a timely manner. In such legal relations, the bank acts as a guarantor that monitors the fulfillment of the obligations of each of the participants in the transaction. Most often, such transactions are carried out at the conclusion of international contracts.

Acceptance is often used in the execution of contracts involving the participation of the bank. In most cases, an acceptance is used in conjunction with a bill of exchange. The use of letters of credit allows:

1. Accept actions performed according to the bill of exchange that was issued by the second party to the transaction.
2. The possibility of transferring a bill of exchange to a third-party banking organization.

Based on the foregoing, we can conclude that the acceptance of a bill of exchange under a letter of credit must be considered as confirmation of acceptance of all the terms of the contract that was concluded with the help of this document. At the time of using the acceptance, all financial obligations are transferred to the third party to the legal relationship.

Valid Deadlines

Accept - what does it mean? As we said above, this mark indicates the acceptance of all obligations, according to the scope of the contract. However, there are situations in which it is almost impossible to specify specific deadlines for the fulfillment of obligations. As a rule, each entrepreneur independently sets the deadlines necessary for a comprehensive study of the documents received.

Also, experts recommend taking into account the specifics of commercial legal relations. In the absence of specific deadlines for making a decision, the entrepreneur needs to contact the counterparty in order to agree on the length of the time period allotted for making the final decision. It is important to note that an acceptance received after this period can be considered as an agreement to the terms of the contract.

What does "prior acceptance" mean?

As we noted earlier, concepts such as “preliminary” and “subsequent” confirmation are used in the banking sector. Prior consent means that the payer gives the bank permission to transfer funds to its counterparty. It should be noted here that the absence of a refusal within three days makes the payment accepted. It should also highlight the fact that the day on which the settlement document was received by the bank is not taken into account. The transaction itself is carried out within the next day after the expiration of the period allotted for the cancellation of the operation. If the bank received the payment order on Monday, then the transaction itself will be carried out only on Friday.

"Subsequent confirmations" allows the bank to pay payments at the time they are received. In this case, the payer is also given the right to write a refusal to pay within the above period.

To accept an acceptance means to approve the proposed terms of the transaction. After reading the article, the reader will learn what acceptance is based on the provisions of the Civil Code of the Russian Federation and what requirements are imposed on it by law. In addition, in it we will tell you how long the acceptance must be accepted, whether it is possible to withdraw it or give it in advance, before the offer is received.

What is recognized as an acceptance (definition of the term in simple terms)?

What is acceptance in simple words? The concept of acceptance is given in paragraph 1 of Art. 438 of the Civil Code of the Russian Federation. By virtue of this norm, acceptance is the response of the person to whom the offer was sent, confirming its acceptance. With the help of acceptance, the person who was offered to conclude a contract confirms that he agrees with the terms of the offer and supports them.

The acceptance must be complete and unconditional. This means that the counterparty who agrees to the terms of the person who proposed to draw up the contract, in full and without any reservations and protocols of disagreements, agrees with all the proposed conditions and undertakes to follow them.

Silence of the party receiving the offer general rule(by virtue of clause 2 of article 438 of the Civil Code of the Russian Federation) is not an acceptance (that is, it does not mean consent to the conclusion of a contract). However, other rules may be provided for by special legislation. For example, the lease term, according to Art. 621 of the Civil Code of the Russian Federation, is automatically extended if the tenant continues to use the property and the landlord does not declare the termination of the contract. In the above example, the silence of the lessor is the basis for the automatic extension of the contract.

From paragraph 58 of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 6 and the Plenum of the Supreme Arbitration Court of the Russian Federation No. 8 “On Certain Issues ...” dated 07/01/1995 (hereinafter referred to as the Resolution), it follows that acceptance is not only the acceptance of the terms of the offer, but also the commission by the person who received the offer in the stipulated for giving acceptance, the period of action to fulfill the terms of the proposed contract.

How to send an acceptance to a future counterparty, what are the requirements for it, can it contain any conditions?

In view of the above provisions of paragraphs. 1 and 2 Art. 438 of the Civil Code of the Russian Federation, it is clear that the acceptance must be expressed in the form of active actions to accept the terms of the offer or silence (in cases provided for by law). At the same time, silence means complete absence does not have any actions on the part of the person who received the acceptance, and does not have any requirements from the law. There are certain requirements for acceptance in the form of active actions.

First, the acceptance can be expressed in the form of actions of the acceptor aimed at fulfilling the proposal contained in the offer. In fact, if the person who received the offer began to fulfill the proposed obligation, this indicates the conclusion of the contract. However, actions to fulfill the terms of the contract must be completed within the period established for acceptance (we will discuss it below).

Secondly, if the offer is made in writing, the acceptor can study its text, draw up a response in writing and hand it over to the offeror. A written response on consent to the conclusion of the transaction in this case will be an acceptance. The law does not provide for specific conditions that such an acceptance must contain, but it is assumed that it must be complete and unconditional. Simply put, the written document must explicitly express the consent of the acceptor to the conclusion of the transaction.

Thirdly, if the offer was received orally from the offeror to the acceptor, the acceptance can also be made orally, if the provisions of the Civil Code of the Russian Federation on the contract concluded between the parties provide for such a possibility. The only reservation specified in paragraph 2 of Art. 441 of the Civil Code of the Russian Federation, is that oral acceptance must be given immediately. An example is a birthday gift: the donor verbally expresses a desire to donate the item, and the donee immediately accepts it, agreeing to the terms of the donation agreement.

Consent to conclude a transaction cannot contain any conditions of acceptance, since it must be complete and unconditional. Otherwise, the consent will not be an acceptance, but a new offer.

Deadline for giving acceptance

The acceptance period is the time period during which the offer must be accepted. The proposal may or may not contain such a term.

So, by virtue of Art. 440 of the Civil Code of the Russian Federation, if the offer specifies a period for acceptance, the contract is considered concluded only if the offeror receives an acceptance within this period. Otherwise, the offer is terminated, i.e., it loses its legal force.

Don't know your rights?

Paragraph 57 of the Resolution clarifies that an agreement is considered concluded at the time the offeror receives an acceptance in the following cases:

1. If the offer specifies the period of its validity and the acceptance was received by the offeror within this period.
2. If the offer does not specify the period of its validity and the period established for its adoption in legislative acts has not expired.
3. If neither the offer nor the law determines the duration of the offer and the acceptance is received by the offeror within the time normally required for this. However, the law does not define the concept of normally necessary time, this is an assessment category, including the question of whether a transaction has been concluded or not, in the event of a dispute, will be resolved by the court based on the specific circumstances of the case and the nature of the legal relations of the parties.

There are also cases when the acceptance comes to the offeror, but with a delay, that is, outside the period provided for by the offer or the law. If the consent was sent in a timely manner, but arrived at the address of the offeror late (for example, due to a long mail run), according to the general rule, no contract is concluded. However, if the offeror immediately, upon receipt of a late acceptance, notified the acceptor of his consent to conclude a contract, then the contract is recognized as concluded.

Is it possible to revoke a previously sent acceptance?

According to the general rule provided for in paragraph 2 of Art. 435 of the Civil Code of the Russian Federation, the contract is considered concluded from the moment the acceptance is received by the addressee. By virtue of Art. 439 of the Civil Code of the Russian Federation, the acceptor may also send the offeror a notice of withdrawal of the acceptance. If such notification is received earlier or simultaneously with the acceptance, the latter shall be considered not received.

Thus, a notice received by the offeror in time cancels all legal consequences of the acceptor's consent to the conclusion of the contract.

If the notice of refusal of acceptance is received by the offeror after receiving the acceptance, that is, after the conclusion of the transaction, this does not terminate the agreement. Such a conclusion can be drawn on the basis that the withdrawal of consent is not a basis for the termination of civil rights and obligations that arose after the conclusion of the contract.

If the acceptor changes his mind about concluding a deal, he needs to challenge it on any basis, recognizing it as not concluded, invalid or void.

Refusal of acceptance

The concept of refusal to give acceptance is given in Art. 443 of the Civil Code of the Russian Federation. By virtue of this norm, the answer on consent to the conclusion of a transaction on other conditions is not an acceptance. Such a response is recognized as a refusal, which at the same time is a new offer.

Thus, the prospective acceptor becomes a new offeror, proposing new terms of the contract. For ease of understanding this process, we can imagine that it started anew, only now the new acceptor, who was previously the offeror, must decide whether he should conclude a contract or not.

Refusal can be understood as other actions. For example, if the acceptor ignores the offer sent to him, he actually refuses to accept it. In addition, a person who has received an offer to conclude a transaction may send a written refusal to the offeror, refusing to accept.

Refusal of an oral offer is also possible - for example, in the case when the person who received the offer does not immediately accept it, responds with silence or does not take actions indicating acceptance of the offer.

What is a pre-given acceptance?

This concept refers to transactions in the banking sector. To write off funds from the client's account, the bank must obtain his permission to do so (acceptance). However, acceptance can be given not only when it becomes necessary to write off funds (to pay for services, pay off financial claims, etc.), but also in advance. An acceptance given in advance gives the bank the right to further debit funds without acceptance, that is, without obtaining the consent of the account holder.

According to the general rule contained in paragraph 2 of Art. 854 of the Civil Code of the Russian Federation, the bank has the right to write off money from the accounts of customers only with their consent or a court decision, as well as in cases provided for by law or an agreement. Thus, the bank account agreement may stipulate the right of the bank to write off funds from the client's account without acceptance. This is the acceptance given by the client of the bank in advance.

In an agreement with the bank, in this case, it is advisable to specify who can be the recipient of funds in case of direct debiting, from which particular account the debiting is made, what maximum amount transfer and the duration of the agreement.

Outside the banking sector, acceptance cannot be given in advance. Even in cases provided for by law, the offeror's acceptance is still necessary. In particular, this is possible with the public nature of the contract - however, the parties should remember that if the offeror refuses to conclude a contract in this case, he can be forced to sign through the courts.

So, we have explained in detail what acceptance means, including that given in advance. This is consent to the proposal to conclude an agreement, which can be given in various forms: in writing, orally, implicitly. In any case, the acceptance received by the offeror

Good afternoon!

Acceptance is a unilateral act (even if it is spelled out in the text
agreement) and does not require the borrower/client of the bank to reach an agreement on the possibility of revoking or changing it with the bank.

You can do the following in this case:

Write an application to Sberbank in which you indicate the cancellation of a pre-given acceptance (on your copy of the application, be sure to mark the bank on acceptance of the application);

Close the "salary" account and open it in another bank. According to Art. 136 of the Labor Code, the employee has the right to replace credit organization to which wages are to be converted, informing the employer in writing about the change in the details for the transfer of wages no later than five working days before the day of payment of wages.

But you need to take into account that Sberbank has the right to go to court with a claim for debt collection, after which it will receive a writ of execution and, on the basis of a writ of execution, will debit funds from your account.

On this issue, there is a corresponding letter from the Bank of Russia, which indicates the possibility of withdrawing an acceptance given in advance for debiting funds.

Letter from the Bank of Russia
dated November 30, 2015 N 31-2-12 / 12743
Order
implementation of non-cash payments in the form of transfer of funds by
the demand of the recipient of funds (direct debit), in which
write-off of funds from the bank account of the payer from
his consent (acceptance of the payer) by order of the recipient of funds,
established by Article 6 of the Federal Law "On the National Payment System" (hereinafter - the Law).
AT
in accordance with this article, the right of the recipient of funds to present
requirements for the bank account of the payer should be provided
an agreement between the transfer operator serving the payer
funds and the payer. At the same time, Article 6 of the Law
it is stipulated that the payer must give consent (acceptance) in the contract
between the money transfer operator servicing the payer and
by the payer or in the form of a separate document or message before
receipt of the request of the recipient of funds or after its receipt
to the payer's money transfer operator (paragraphs 2 - 3).
In addition, paragraph 11 of Article 6 of the Law provides for the possibility of the payer's refusal to accept.
In accordance with the specified requirements of paragraph 2.9
Regulations of the Bank of Russia dated June 19, 2012 N 383-P "On the rules
transfer of funds” (hereinafter referred to as the “Regulation”) is established
obligation of the payer's bank upon receipt of the beneficiary's order
funds requiring the payer's acceptance, to control the availability
in advance of the payer's acceptance in accordance with sub-clause 2.9.1 of the said clause or, in the absence of the payer's advance acceptance, to receive the payer's acceptance in accordance with sub-clause 2.9.2 of the said clause.
In view of the foregoing, we consider it lawful to establish by subparagraph 2.9.1 of paragraph 2.9
Provisions of the norm providing for the right of the payer to change the conditions
of his acceptance or revoke an acceptance given in advance in the manner
established by the agreement, regardless of the form of submission of consent
(acceptance).

Posted: 01/17/2018

Can banks debit money from a client's account without his consent? (without acceptance)

Acceptance means that the payer recognizes the creditor's payment request as correct and payable and instructs the bank to write off the amount of the payment request from his account. As a general rule, the bank has the right to debit funds from the account of its client only if there is his consent - acceptance.

However, at present, the problem of determining the mechanism for the legality of direct debiting of funds has become the most acute.

However, there is an exception to this rule, which allows the bank to debit money from the account of its client without his consent, that is, without acceptance.

Write-off of funds on the account without the client's order is allowed by a court decision, as well as in cases established by law or provided for by an agreement between the bank and the client (clause 2 of article 854 of the Civil Code of the Russian Federation).

It should be noted that it is beneficial for the bank to establish the right to direct debiting of money for the prompt receipt of money due to it in repayment of the client's debts, given that the money coming to the client's account is actually under the direct control of the bank, which has full information about them.

In general, the non-acceptance procedure can be included in the bank account agreement, in an additional agreement to it, or in a separate agreement between the bank and the client and the creditor of the latter. Agreeing with the client on an unacceptable procedure for debiting money from his account gives the bank the right not to request the client's consent, since it is already considered received. Money is written off on the basis of a bank order drawn up by the bank (clause 9.3 of the Regulation of the Central Bank of the Russian Federation dated 19.06.2012 No. 383-P "On the rules for the transfer of funds" (hereinafter - Regulation No. 383-P)).

But in this case, it should be noted that consumers are the economically weaker side of the bank account agreement and, in this regard, enjoy increased protection from the state. Any restrictions on the rights of consumers can be interpreted as infringing on their rights and as a result being invalid on the basis of Art. 16 of the Law of 07.02.1992 N 2300-1 "On the Protection of Consumer Rights", since their situation cannot be worsened in comparison with the way it is determined by the current legislation of the Russian Federation.

So, for example, the inclusion in a loan agreement of a condition on a pre-given acceptance for debiting funds from the borrower's accounts, without specifying specific accounts from which such debiting can be carried out by the bank, is a condition that infringes on the rights of the consumer. In a loan agreement with a borrower-consumer, the bank is not entitled to provide for a condition on a pre-given acceptance for debiting any amounts of money (principal debt, interest, penalty, losses, etc.) from any accounts of the borrower opened with this bank, since the law does not provide for such a possibility . Claims for the recovery of forfeit and damages are generally uncontroversial, their satisfaction may be refused in whole or in part, therefore, in principle, the non-acceptance procedure cannot be extended to them. In addition to invalidating the provision of the agreement on the direct debiting of money from consumer accounts and depriving it of legal force, the bank can also be held administratively liable for the fact of its inclusion in the agreement under Part 2 of Art. 14.8 of the RF Code of Administrative Offenses.

Thus, a non-acceptance procedure in relations with consumers can be established by a bank with a clear indication of the accounts from which the debit will be made. The Bank is not entitled to write off without acceptance from any accounts of its borrowers-consumers the funds due to it, since it is not entitled to dispose of them without its consent, prior acceptance is possible only in relation to strictly defined bank accounts, which are directly indicated in the conditions of direct debit, brought to the attention of the borrower and accepted by him by signing the relevant documents (agreement, supplementary agreement, application for joining the general terms and conditions of banking services). The wording “withdrawal from any bank accounts of the borrower, including those that will be opened to him in the future” does not comply with the law and the criteria for a pre-given acceptance.

This is due to the fact that the client's order, as a basis for debiting funds, must be specific and contain his clear will on the need to transfer a certain amount to a specific recipient. This acceptance in advance has the character of a client's order in the event that it is clearly clear how much, to whom and from which account (s) is to be transferred, since this right is the right of the client and can be exercised by him at his own will and in his own interest.

In addition, the bank is also not entitled to write off funds without acceptance from the client’s account for the debts of his spouse (the company he created), if the client did not give any guarantees in favor of the bank and there is no evidence that the specified debt can be attributed to the general obligations of the spouses in accordance with the Family Code of the Russian Federation. However, the bank has the right to provide for this condition in the client's bank account agreement, which will give it the right to write off funds from the client's accounts without acceptance (Article 421 of the Civil Code of the Russian Federation).

There are cases when, in accordance with the law, a bank must debit funds from its client's account in an unacceptable (indisputable) manner without obtaining appropriate consent:

• on the basis of a writ of execution or a decision of a bailiff - executor without submission to a bank or other credit organization by a recoverer or bailiff - executor of settlement documents (clause 2, article 70 "On Enforcement Proceedings");
• at the request of the tax authorities (clause 1, article 46 of the Tax Code of the Russian Federation);
• collection of customs payments and fees (Article 153 Federal Law No. 311-FZ dated November 27, 2010"On customs regulation in Russian Federation»);
• writing off money from the account of the lessee at the request of the lessor in case of delay in lease payments under the leasing agreement (clause 1, article 13 Federal Law No. 164-FZ dated October 29, 1998“On Financial Lease (Leasing)” (hereinafter referred to as the Law on Leasing));
• collection of arrears on insurance premiums, as well as penalties and fines (Article 19 Federal Law of July 24, 2009 No. 212-FZ"On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund"), etc.

The most common case of direct debiting of money from a client’s account is debiting on the basis of a writ of execution or other writ of execution, which is mandatory for the bank (court order, notarized agreements on the payment of alimony or their notarized copies, certificates issued by labor dispute commissions, and other documents specified in paragraph 1 of article 12 Federal Law No. 229-FZ dated 02.10.2007"On Enforcement Proceedings").