What is a security deposit and how to keep track of it

The concept of a security deposit is described in Art. 381.1 of the Civil Code of the Russian Federation. It always has a monetary value, but its role can be played not only by banknotes, but also by securities and bonds. The rules of civil law provide for exceptional cases when the security payment made can be returned.

Question: A premises rental agreement has been concluded between the organizations. According to the agreement, the tenant makes a security deposit to compensate for expenses upon termination of the lease agreement. Subsequently, the lease agreement is terminated and the lessor counts the amount of the security deposit towards compensation for utility costs. Should the lessor use cash register when accepting the amount of the security deposit, as well as when offset against expenses? View answer

Who returns

The contract service or manager will organize the refund. They transmit information about the fulfillment of obligations to the accounting department. The contract service is obliged to do this at the request of paragraphs. 9 clause 14 of Order of the Ministry of Economic Development No. 631 of October 29, 2013 on approval of the standard regulations on contract service. For a manager, such an obligation is specified in the job description or other local act. The accounting department will transfer the money that secures the government contract to the supplier’s account, which is indicated in the details. As for the return of funds under a bank guarantee, for this, the customer sends to the bank a request to pay a penalty for non-fulfillment or improper fulfillment of obligations under the contract, the guarantor transfers the required amount to the customer’s account, and then returns it from the supplier as a recourse claim.

Use free instructions from ConsultantPlus experts to get money from the customer as quickly as possible.

If we are talking about a large amount

If you want to pick up cash at a cash desk, be sure to call the bank in advance and check whether you need to order the amount. It is not necessary to go to the office; information is provided by calling the hotline.

Usually an order is still required. The depositor will be asked when he plans to come, what day and time, and how much he will withdraw. On the specified day, by the specified time, the amount will be waiting at the cash register.

Withdrawal always occurs as standard, there is nothing complicated about it. You visit the bank with your passport and approach the manager. He draws up a document that the depositor, along with his passport, submits to the cash desk. He is immediately given cash.

When?

From July 1, 2019, the deadline for returning contract performance security under 44-FZ is no more than 30 days from the date the supplier fulfills its obligations. If the purchase was carried out with a restriction for small businesses under Art. 30 44-FZ, then no more than 15 days. This is enshrined in Part 27 of Art. 34 laws on the contract system. An indication of the period by which it must be returned under the contract must be specified in the draft contract. The absence of this clause in the government contract is a violation of Part 27 of Art. 34 44-FZ. For this, the customer faces administrative liability under Part 4.2 of Art. 7.30 Code of Administrative Offences.

If you are terminating the transaction by agreement of the parties and the deadline for returning the security payment upon termination of the contract has not been specified, then return it within the deadlines that are fixed for return upon full fulfillment of obligations. This period is counted from the date of termination.

If this period is not established in the government contract, then you will receive the money within 7 days from the date on which you sent a request to return the money. If not requested, it will be returned within a reasonable time. This conclusion follows from paragraph 2 of Art. 314 Civil Code.

It turns out that the deadline is tied only to the terms of execution of the government contract, and not to the calendar year, so here’s what to do if you forgot to return the contract security at the end of the year - return it according to the general rules.

Time deposits and demand deposits

These are two completely different types of deposit programs. The product line of all banks includes demand deposits. These are simple accounts in which funds can be deposited indefinitely. There are no conditions, you can replenish your account as much as you like, withdraw money from it, or close the deposit completely. This is convenient, but the rate on such products is minimal and is usually 0.01% per annum. That is, in fact there is no profit.

Another option is a time deposit, which has restrictions on the period of placement of funds. Banks create a line of time deposit programs: classic, with and without replenishment, with the possibility of partial withdrawal. The yield will be much higher, from 4-5% per annum. Some banks offer from 6-7%.

A time deposit is usually opened for a minimum period of 1-6 months. Each bank has its own conditions, for example, Sberbank allows the conclusion of an agreement for at least 1 month. Time limits are usually 2-3 years.

Often the interest rate directly depends on the placement period. Typically, the maximum percentage is assigned when choosing “average terms”.

For example, here are the rates on a classic Sberbank deposit. It can be seen that the account is opened for a period of up to 3 years, but the maximum income will be established when concluding an agreement for 6-24 months:

How to return

Money is returned in two ways:

1. In full.
2. Partially.

How to write a return application

The law does not establish a standard form that must be used as a template for an application. Develop it yourself in free form on the organization’s letterhead. Include:

• name and address of the customer where you are sending;
• date when you compose;
• a request to return the money that secures the contract;
• number of the government contract, date of its conclusion and subject;
• the amount of money that is returned;
• payment order details;
• signature of the person authorized to represent interests.

Here is an example of such a document.

When they won't return

The letter of the Ministry of Economic Development No. D28i-3143 dated November 14, 2016 indicates how to return the bank guarantee after execution of the contract under 44-FZ - no way. The provisions of this law do not provide for such a procedure; only money is returned.

These funds will be withheld if obligations are violated. Their amount depends on the terms of the contract. If it states that penalties (penalties, fines), losses caused or other payments are withheld from the security, then only these amounts will be withheld.

Before withholding, receive a claim that describes what conditions were violated, a calculation of the amount to be recovered, and the possibility of withholding it from the money that the government contract provides.

IMPORTANT!

If you voluntarily repay the amount of the penalty on the claim, the funds will be returned in full. If not, they will withhold the required amount, and what is left will be returned to the account.

In the case where the contract expressly states that there is a risk of withholding security for the performance of the contract in full, then it will be withheld in full.

What is a security deposit

A security payment is an amount of money determined by the parties to a transaction that one party pays to the other as security for any obligation under the transaction.
The definition of this concept is given by clause 1 of Art. 381.1 Civil Code. Based on Art. 381.2 of the Civil Code of the Russian Federation, the rules on security payments also apply in cases where the subject of security is not cash, but securities (including shares and bonds) or things subject to individualization. Regulation of issues of security payment, the subject of which are securities, can also be carried out by specialized legislation on securities.

It is also important to know that the regulation of this method of securing an obligation and its return can be carried out by the parties to the transaction independently. In this case, the participants, by mutual agreement, establish the amount, circumstances under which the payment is non-refundable, the return procedure, etc.

Explanations on the topic

About the author of this article

Dmitry Sidaev Higher and specialized education in procurement: KhSUEP, diploma with honors in the specialty “Jurisprudence” and GAPM named after. N.P. Pastukhova, diploma with honors in the program “Procurement Management”. Author and ideological inspirer of the projects “GoodWin Project: Tenders made simple” and “Antidote 44-FZ: a cure for headaches in procurement.” Trains in procurement under 44-FZ, advises suppliers and customers, works as a guest manager of the tender department. Invited expert in many projects on public procurement.

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