Common use of PROCEDURE FOR CLOSING CLIENT'S CURRENT ACCOUNTS Clause in Contracts

PROCEDURE FOR CLOSING CLIENT'S CURRENT ACCOUNTS. 15.1.1. Client's Current Accounts are closed as following: (і) upon Client's application, submitted in accordance with clause 15.1.2. herewith; (іі) upon Bank's initiative in the cases provided for in clause 15.1.3. herewith; (ііі) based on the document issued by the state registrar in accordance with the procedure established by the Law, which confirms the state registration of Client-legal entity's termination, or on the basis of information received by the Bank from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations in the form of free access through the portal of electronic services on the state registration of Client-legal entity's termination; (іv) submitting to the Bank a relevant Application for refusal of the Guaranteed Payment Banking Service for refusal of Banking service acoording clause 5.6 of this Agreement; (v) for other grounds stipulated by this Agreement and the Legislation. 15.1.2. The Client has the right to close at any time all Current Accounts by submitting an application to the Bank for closure of the Current Account and provided that the Client does not have any outstanding obligations to the Bank, regardless of their execution term. The Client may send Current Account Closure Application to the Bank in an electronic format by means of the software and hardware of the Client-Bank System. In this case, such Current Account Closure Application must contain Client's Advanced ES (as this term is specified in clause 5.2 of this Agreement). 15.1.3. The Bank is entitled to close Client's Current Account in the following cases: (і) absence of operations on the Client's Current Account for 3 (three) years in a row (except for transactions for debiting Bank fees for rendered services and interest accrual on the Current Account balance, if applicable) and if there is no balance on the Client's Current Account. (іі) absence of operations on the Client's Current Account for 3 (three) years in a row (except for transactions for debiting Bank fees for rendered services and interest accrual on the Current Account balance, if applicable) and if there is balance on the Client's Current Account. In case Client's Current Account is being closed under procedure prescribed by this clause, the Bank shall send to the last known Client's address a notice on intention to close the Current Account. The Client shall provide the Bank, within 30 (thirty) calendar days from the date the Bank's notice was sent, a payment instructions for the purpose of transferring the balance to another Client's bank account. In the event Bank has not received such payment instructions by the expiration of the above-mentioned thirty-day period from the date on which the Bank notifies on intention to close Client's Current Account, then the Bank shall close the Client's Current Account, while the balances on such Current Account are debited in favour of the Bank. (ііі) absence of debit transactions under the Client's Current Account, initiated by the Client, by submitting to the Bank relevant Settlement Documents (as this term is defined in clause 5.1 of this Agreement), within 6 (six) months and absence of balance on such Current Account as of the date when Bank sends notice to the client regarding Current Account closure. In case Current Account closure according to procedure provided for by this clause, the Bank shall send to the last known Client's address a notice regarding intention to close the Current Account. The Client shall, within 30 (thirty) calendar days from the date when Bank sent such notice, submit to the Bank an application for the closure of the relevant Current Account and fully complete the Debt Obligations (if any). In the event the Bank has not received closing application of the relevant Current Account by the expiration of the above- mentioned thirty-day period, the Bank shall close the Client's Current Account. In this case, the Client is not exempted from the obligation to fulfil the Debt Obligations to the Bank. (іv) if the Client fails to provide the at the Bank's request the documents or information necessary for the Bank to perform the financial monitoring functions and/or required by the Bank's internal documents and/or in the event of determination of unacceptably high risk for the Client or failure of the Client to provide the documents or information necessary for the proper verification of the Client and/or in the fact that the Client provides the Bank false information or misleading information as the entity of the initial financial monitoring during the identification and/or verification of the Client (in- depth verification of the Client) and/or in the event of the Client's identification and/or verification (including the establishment of data enabling the final beneficial owners to be identified) is not possible or if the Bank as an entity of the initial financial monitoring has doubts that the person is acting on his own behalf and / or in the case of detection in the manner prescribed by law that the bank or other financial institution with which the correspondent relationship is established, is a shell bank and / or maintains a correspondent relationship with the shell bank, and / or if the identification of a person on behalf of or in the interests of which the financial transaction is conducted, and the establishment of its ultimate beneficial owner or beneficiary (beneficiary) of the financial transaction is impossible and/or if bank has a suspicion that the Client's transactions and/or his activities as a whole and/or the activities of the Client's representatives contains signs of legalization (laundering) of the proceeds of crime and/or terrorist financing and/or financing proliferation of weapons of mass destruction and/or in any other way violates the Law in regards to prevention and counteraction to legalization (laundering) of the proceeds of crime, terrorist financing, and financing proliferation of weapons of mass destruction. If the Current Account is closed in accordance with the procedure provided for in this clause, the Bank shall send to the Client's last known address a refusal of service requesting to close the Current Account. Within 5 (five) Banking Days from the date of sending such notification by the Bank, the Client shall submit to the Bank an application on closing the Current Account and fully discharge the Debt Obligations (if any). In case the Bank does not receive the application on closing the Current Account after the expiry of the aforementioned five-day period, the Bank shall close the Client's Current Account independently and, if there is a balance on such Current Account, transfer the balance of the Client's Current Account closed to the account 2903 «F Funds of Bank's Clients with invalid accounts". In doing so, the Client shall not be exempted from the obligation to fulfill the Debt Obligations to the Bank. (v) for other reasons provided for by this Agreement and/or by the Law. 15.1.4. In case if Client's Current Account is being closed according to clause 15.1.1. (iii) of this Agreement and there is remaining balance on such Current Account, the Bank shall transfer the balance from the Client's Current Account to the account 2903 "Funds of Bank's Clients with invalid accounts". If the Client's founders/participants/shareholders wish to receive the balance of funds from the account 2903 "Funds of Bank's Clients with invalid accounts", transferred from the Client's Current Account, closed in accordance with clause 15.1.1. (iii) of this Agreement, an appropriate written appeal is submitted to the Bank (hereinafter - "Appeal 1"), signed by the person authorized by the founders/participants/shareholders/owners of the terminated Client-legal entity, such and Appeal should indicate the amount of funds subject to transfer to each founder/participant/shareholder/owner of the terminated Client-legal entity, as well as banking details for the transfer. If the founder/participant/shareholder/owner of the terminated Client-legal entity, is constituted by a single person, the Appeal 1 is then signed by this person or his authorized representative. 15.1.5. The Client's Current Account, opened in accordance with this Agreement for the formation of the authorized capital, is closed in the following cases: - in case Client - legal entity has received a refusal in the state registration; - upon the decision of the founders/participants/shareholders to refuse to create Client - legal entity. The current Account for authorized capital formation is closed on the basis of a written appeal (hereinafter referred to as "Appeal 2"), signed by a person authorized by the founders/participants/shareholders/owners of the newly created Client-legal entity, for closing the Current Account, such Appeal shall specify the reason for closing the Current Account, the amount funds to be transferred to each founder/participant/shareholder/owner of the newly created Client-legal entity, as well as banking information for such transfer. If the founder/participant/shareholder/owner of a newly created Client-legal entity, is constituted by a single person, then the Appeal 2, which includes the reasons for closing the Current Account and banking details for the funds transfer, shall be signed by this person or his authorized representative. In the event the founders/participants/shareholders/owners have made a decision not to create a Client - legal entity, then the Current Account for authorized capital formation shall be closed after the corresponding decision of the founders/participants/shareholders/owners regarding the refusal to create a Client - legal entity shall be submitted. 15.1.6. In case the Client is terminated due to merger, accession, division, transformation, Client's Current Accounts opened prior to such merger/acquisition/division/transformation shall be closed by the Bank on the basis of the relevant appeal of the Client (or his successor) regarding Current Account closure. If the Client intends to continue to use the Banking Services in accordance with this Agreement, before closing Current Account(s) opened prior to such merger/accession/division/transformation the Client (or his legal successor) shall open a new Current Account(s) and the Parties shall conclude a respective Application for changing the Banking Services terms in the manner prescribed by this Agreement. 15.2.

Appears in 1 contract

Sources: Agreement on Opening Accounts, Cash and Settlement Services and Provision of Other Banking Services

PROCEDURE FOR CLOSING CLIENT'S CURRENT ACCOUNTS. 15.1.1. Client's Current Accounts are closed as following: (і) upon Client's application, submitted in accordance with clause 15.1.2. herewith; (іі) upon Bank's initiative in the cases provided for in clause 15.1.3. herewith; (ііі) based on the document issued by the state registrar in accordance with the procedure established by the Law, which confirms the state registration of Client-legal entity's termination, or on the basis of information received by the Bank from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations in the form of free access through the portal of electronic services on the state registration of Client-legal entity's termination; (іv) submitting to the Bank a relevant Application for refusal of the Guaranteed Payment Banking Service for refusal of Banking service acoording clause 5.6 of this Agreement; (v) for other grounds stipulated by this Agreement and the Legislation. 15.1.2. The Client has the right to close at any time all Current Accounts by submitting an application to the Bank for closure of the Current Account and provided that the Client does not have any outstanding obligations to the Bank, regardless of their execution term. The Client may send Current Account Closure Application to the Bank in an electronic format by means of the software and hardware of the Client-Bank System. In this case, such Current Account Closure Application must contain Client's Advanced ES (as this term is specified in clause 5.2 of this Agreement). 15.1.3. The Bank is entitled to close Client's Current Account in the following cases: (і) absence of operations on the Client's Current Account for 3 (three) years in a row (except for transactions for debiting Bank fees for rendered services and interest accrual on the Current Account balance, if applicable) and if there is no balance on the Client's Current Account. (іі) absence of operations on the Client's Current Account for 3 (three) years in a row (except for transactions for debiting Bank fees for rendered services and interest accrual on the Current Account balance, if applicable) and if there is balance on the Client's Current Account. In this case, the Client entitles the Bank (without obligation) to perform Contractual Debiting from such Client's Current Account. The Bank is the beneficiary of such a Contractual Debiting. In case Client's Current Account is being closed under procedure prescribed by this clause, the Bank shall send to the last known Client's address a notice on intention to close the Current Account. The Client shall provide the Bank, within 30 (thirty) calendar days from the date the Bank's notice was sent, a payment instructions for the purpose of transferring the balance to another Client's bank account. In the event Bank has not received such payment instructions by the expiration of the above-mentioned thirty-day period from the date on which the Bank notifies on intention to close Client's Current Account, then the Bank shall close the Client's Current Account, while the balances on such Current Account are debited in favour of the Bank. (ііі) absence of debit transactions under the Client's Current Account, initiated by the Client, by submitting to the Bank relevant Settlement Documents (as this term is defined in clause 5.1 of this Agreement), within 6 (six) months and absence of balance on such Current Account as of the date when Bank sends notice to the client regarding Current Account closure. In case Current Account closure according to procedure provided for by this clause, the Bank shall send to the last known Client's address a notice regarding intention to close the Current Account. The Client shall, within 30 (thirty) calendar days from the date when Bank sent such notice, submit to the Bank an application for the closure of the relevant Current Account and fully complete the Debt Obligations (if any). In the event the Bank has not received closing application of the relevant Current Account by the expiration of the above- mentioned thirty-day period, the Bank shall close the Client's Current Account. In this case, the Client is not exempted from the obligation to fulfil the Debt Obligations to the Bank. (іv) if the Client fails to provide the at the Bank's request the documents or information necessary for the Bank to perform the financial monitoring functions and/or required by the Bank's internal documents and/or in the event of determination of unacceptably high risk for the Client or failure of the Client to provide the documents or information necessary for the proper verification of the Client and/or in the fact that the Client provides the Bank false information or misleading information as the entity of the initial financial monitoring during the identification and/or verification of the Client (in- depth verification of the Client) and/or in the event of the Client's identification and/or verification (including the establishment of data enabling the final beneficial owners to be identified) is not possible or if the Bank as an entity of the initial financial monitoring has doubts that the person is acting on his own behalf and / or in the case of detection in the manner prescribed by law that the bank or other financial institution with which the correspondent relationship is established, is a shell bank and / or maintains a correspondent relationship with the shell bank, and / or if the identification of a person on behalf of or in the interests of which the financial transaction is conducted, and the establishment of its ultimate beneficial owner or beneficiary (beneficiary) of the financial transaction is impossible and/or if bank has a suspicion that the Client's transactions and/or his activities as a whole and/or the activities of the Client's representatives contains signs of legalization (laundering) of the proceeds of crime and/or terrorist financing and/or financing proliferation of weapons of mass destruction and/or in any other way violates the Law in regards to prevention and counteraction to legalization (laundering) of the proceeds of crime, terrorist financing, and financing proliferation of weapons of mass destruction. If the Current Account is closed in accordance with the procedure provided for in this clause, the Bank shall send to the Client's last known address a refusal of service requesting to close the Current Account. Within 5 (five) Banking Days from the date of sending such notification by the Bank, the Client shall submit to the Bank an application on closing the Current Account and fully discharge the Debt Obligations (if any). In case the Bank does not receive the application on closing the Current Account after the expiry of the aforementioned five-day period, the Bank shall close the Client's Current Account independently and, if there is a balance on such Current Account, transfer the balance of the Client's Current Account closed to the account 2903 «F Funds of Bank's Clients with invalid accounts". In doing so, the Client shall not be exempted from the obligation to fulfill the Debt Obligations to the Bank. (v) for other reasons provided for by this Agreement and/or by the Law. 15.1.4. In case if Client's Current Account is being closed according to clause 15.1.1. (iii) of this Agreement and there is remaining balance on such Current Account, the Bank shall transfer the balance from the Client's Current Account to the account 2903 "Funds of Bank's Clients with invalid accounts". If the Client's founders/participants/shareholders wish to receive the balance of funds from the account 2903 "Funds of Bank's Clients with invalid accounts", transferred from the Client's Current Account, closed in accordance with clause 15.1.1. (iii) of this Agreement, an appropriate written appeal is submitted to the Bank (hereinafter - "Appeal 1"), signed by the person authorized by the founders/participants/shareholders/owners of the terminated Client-legal entity, such and Appeal should indicate the amount of funds subject to transfer to each founder/participant/shareholder/owner of the terminated Client-legal entity, as well as banking details for the transfer. If the founder/participant/shareholder/owner of the terminated Client-legal entity, is constituted by a single person, the Appeal 1 is then signed by this person or his authorized representative. 15.1.5. The Client's Current Account, opened in accordance with this Agreement for the formation of the authorized capital, is closed in the following cases: - in case Client - legal entity has received a refusal in the state registration; - upon the decision of the founders/participants/shareholders to refuse to create Client - legal entity. The current Account for authorized capital formation is closed on the basis of a written appeal (hereinafter referred to as "Appeal 2"), signed by a person authorized by the founders/participants/shareholders/owners of the newly created Client-legal entity, for closing the Current Account, such Appeal shall specify the reason for closing the Current Account, the amount funds to be transferred to each founder/participant/shareholder/owner of the newly created Client-legal entity, as well as banking information for such transfer. If the founder/participant/shareholder/owner of a newly created Client-legal entity, is constituted by a single person, then the Appeal 2, which includes the reasons for closing the Current Account and banking details for the funds transfer, shall be signed by this person or his authorized representative. In the event the founders/participants/shareholders/owners have made a decision not to create a Client - legal entity, then the Current Account for authorized capital formation shall be closed after the corresponding decision of the founders/participants/shareholders/owners regarding the refusal to create a Client - legal entity shall be submitted. 15.1.6. In case the Client is terminated due to merger, accession, division, transformation, Client's Current Accounts opened prior to such merger/acquisition/division/transformation shall be closed by the Bank on the basis of the relevant appeal of the Client (or his successor) regarding Current Account closure. If the Client intends to continue to use the Banking Services in accordance with this Agreement, before closing Current Account(s) opened prior to such merger/accession/division/transformation the Client (or his legal successor) shall open a new Current Account(s) and the Parties shall conclude a respective Application for changing the Banking Services terms in the manner prescribed by this Agreement. 15.2.

Appears in 1 contract

Sources: Agreement on Opening Accounts, Cash and Settlement Services and Provision of Other Banking Services

PROCEDURE FOR CLOSING CLIENT'S CURRENT ACCOUNTS. 15.1.1. Client's Current Accounts are closed as following: (і) upon Client's application, submitted in accordance with clause 15.1.2. herewith; (іі) upon Bank's initiative in the cases provided for in clause 15.1.3. herewith; (ііі) based on the document issued by the state registrar in accordance with the procedure established by the Law, which confirms the state registration of Client-legal entity's termination, or on the basis of information received by the Bank from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations in the form of free access through the portal of electronic services on the state registration of Client-legal entity's termination; (іv) submitting to the Bank a relevant Application for refusal of the Guaranteed Payment Banking Service for refusal of Banking service acoording clause 5.6 of this Agreement; (v) for other grounds stipulated by this Agreement and the Legislation. 15.1.2. The Client has the right to close at any time all Current Accounts by submitting an application to the Bank for closure of the Current Account and provided that the Client does not have any outstanding obligations to the Bank, regardless of their execution term. The Client may send Current Account Closure Application to the Bank in an electronic format by means of the software and hardware of the Client-Bank System. In this case, such Current Account Closure Application must contain Client's Advanced ES (as this term is specified in clause 5.2 of this Agreement). 15.1.3. The Bank is entitled to close Client's Current Account in the following cases: (і) absence of operations on the Client's Current Account for 3 (three) years in a row (except for transactions for debiting Bank fees for rendered services and interest accrual on the Current Account balance, if applicable) and if there is no balance on the Client's Current Account. (іі) absence of operations on the Client's Current Account for 3 (three) years in a row (except for transactions for debiting Bank fees for rendered services and interest accrual on the Current Account balance, if applicable) and if there is balance on the Client's Current Account. In case Client's Current Account is being closed under procedure prescribed by this clause, the Bank shall send to the last known Client's address a notice on intention to close the Current Account. The Client shall provide the Bank, within 30 (thirty) calendar days from the date the Bank's notice was sent, a payment instructions for the purpose of transferring the balance to another Client's bank account. In the event Bank has not received such payment instructions by the expiration of the above-mentioned thirty-day period from the date on which the Bank notifies on intention to close Client's Current Account, then the Bank shall close the Client's Current Account, while the balances on such Current Account are debited in favour of the Bank. (ііі) absence of debit transactions under the Client's Current Account, initiated by the Client, by submitting to the Bank relevant Settlement Documents (as this term is defined in clause 5.1 of this Agreement), within 6 (six) months and absence of balance on such Current Account as of the date when Bank sends notice to the client regarding Current Account closure. In case Current Account closure according to procedure provided for by this clause, the Bank shall send to the last known Client's address a notice regarding intention to close the Current Account. The Client shall, within 30 (thirty) calendar days from the date when Bank sent such notice, submit to the Bank an application for the closure of the relevant Current Account and fully complete the Debt Obligations (if any). In the event the Bank has not received closing application of the relevant Current Account by the expiration of the above- mentioned thirty-day period, the Bank shall close the Client's Current Account. In this case, the Client is not exempted from the obligation to fulfil the Debt Obligations to the Bank. (іv) if the Client fails to provide the at the Bank's request the documents or information necessary for the Bank to perform the financial monitoring functions and/or required by the Bank's internal documents and/or in the event of determination of unacceptably high risk for the Client or failure of the Client to provide the documents or information necessary for the proper verification of the Client and/or in the fact that the Client provides the Bank false information or misleading information as the entity of the initial financial monitoring during the identification and/or verification of the Client (in- depth verification of the Client) and/or in the event of the Client's identification and/or verification (including the establishment of data enabling the final beneficial owners to be identified) is not possible or if the Bank as an entity of the initial financial monitoring has doubts that the person is acting on his own behalf and / or in the case of detection in the manner prescribed by law that the bank or other financial institution with which the correspondent relationship is established, is a shell bank and / or maintains a correspondent relationship with the shell bank, and / or if the identification of a person on behalf of or in the interests of which the financial transaction is conducted, and the establishment of its ultimate beneficial owner or beneficiary (beneficiary) of the financial transaction is impossible and/or if bank has a suspicion that the Client's transactions and/or his activities as a whole and/or the activities of the Client's representatives contains signs of legalization (laundering) of the proceeds of crime and/or terrorist financing and/or financing proliferation of weapons of mass destruction and/or in any other way violates the Law in regards to prevention and counteraction to legalization (laundering) of the proceeds of crime, terrorist financing, and financing proliferation of weapons of mass destruction. If the Current Account is closed in accordance with the procedure provided for in this clause, the Bank shall send to the Client's last known address a refusal of service requesting to close the Current Account. Within 5 (five) Banking Days from the date of sending such notification by the Bank, the Client shall submit to the Bank an application on closing the Current Account and fully discharge the Debt Obligations (if any). In case the Bank does not receive the application on closing the Current Account after the expiry of the aforementioned five-day period, the Bank shall close the Client's Current Account independently and, if there is a balance on such Current Account, transfer the balance of the Client's Current Account closed to the account 2903 «F Funds of Bank's Clients with invalid accounts". In doing so, the Client shall not be exempted from the obligation to fulfill the Debt Obligations to the Bank. (v) for other reasons provided for by this Agreement and/or by the Law. 15.1.4. In case if Client's Current Account is being closed according to clause 15.1.1. (iii) of this Agreement and there is remaining balance on such Current Account, the Bank shall transfer the balance from the Client's Current Account to the account 2903 "Funds of Bank's Clients with invalid accounts". If the Client's founders/participants/shareholders wish to receive the balance of funds from the account 2903 "Funds of Bank's Clients with invalid accounts", transferred from the Client's Current Account, closed in accordance with clause 15.1.1. (iii) of this Agreement, an appropriate written appeal is submitted to the Bank (hereinafter - "Appeal 1"), signed by the person authorized by the founders/participants/shareholders/owners of the terminated Client-legal entity, such and Appeal should indicate the amount of funds subject to transfer to each founder/participant/shareholder/owner of the terminated Client-legal entity, as well as banking details for the transfer. If the founder/participant/shareholder/owner of the terminated Client-legal entity, is constituted by a single person, the Appeal 1 is then signed by this person or his authorized representative. 15.1.5. The Client's Current Account, opened in accordance with this Agreement for the formation of the authorized capital, is closed in the following cases: - in case Client - legal entity has received a refusal in the state registration; - upon the decision of the founders/participants/shareholders to refuse to create Client - legal entity. The current Account for authorized capital formation is closed on the basis of a written appeal (hereinafter referred to as "Appeal 2"), signed by a person authorized by the founders/participants/shareholders/owners of the newly created Client-legal entity, for closing the Current Account, such Appeal shall specify the reason for closing the Current Account, the amount funds to be transferred to each founder/participant/shareholder/owner of the newly created Client-legal entity, as well as banking information for such transfer. If the founder/participant/shareholder/owner of a newly created Client-legal entity, is constituted by a single person, then the Appeal 2, which includes the reasons for closing the Current Account and banking details for the funds transfer, shall be signed by this person or his authorized representative. In the event the founders/participants/shareholders/owners have made a decision not to create a Client - legal entity, then the Current Account for authorized capital formation shall be closed after the corresponding decision of the founders/participants/shareholders/owners regarding the refusal to create a Client - legal entity shall be submitted.created 15.1.6. In case the Client is terminated due to merger, accession, division, transformation, Client's Current Accounts opened prior to such merger/acquisition/division/transformation shall be closed by the Bank on the basis of the relevant appeal of the Client (or his successor) regarding Current Account closure. If the Client intends to continue to use the Banking Services in accordance with this Agreement, before closing Current Account(s) opened prior to such merger/accession/division/transformation the Client (or his legal successor) shall open a new Current Account(s) and the Parties shall conclude a respective Application for changing the Banking Services terms in the manner prescribed by this Agreement. 15.2.

Appears in 1 contract

Sources: Agreement on Opening Accounts, Cash and Settlement Services and Provision of Other Banking Services