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ВкладыДоговоры между организациями и банками

Договор поручения об управлении денежными средствами

ДОГОВОР ПОРУЧЕНИЯ ОБ УПРАВЛЕНИИ ДЕНЕЖНЫМИ СРЕДСТВАМИ

г._______________                                                                         «_____»___________20___г.

_____________________________________________________________________________,

(наименование организации)

 

именуемое в дальнейшем «Банк», в лице _____________________________________________________________________________,

(должность, Ф.И.О.)

 

действующего на основании ____________________________________________________,

(устава, положения)

 

с одной стороны, и Аудиторская организация ООО «Форос Аудит», именуемая в дальнейшем «Доверитель», в лице Генерального директора Васильевой Е.В., действующая на основании Устава, с другой стороны, именуемые в дальнейшем «Стороны», заключили настоящий договор (далее – «Договор») о нижеследующем:

  1. ПРЕДМЕТ ДОГОВОРА

 

Доверитель поручает, а Банк принимает на себя обязательство по управлению денежными средствами Доверителя в сумме _________________(__________________) и на условиях, установленных Договором.

 

  1. УСЛОВИЯ УПРАВЛЕНИЯ ДЕНЕЖНЫМИ СРЕДСТВАМИ

 

2.1. Денежные средства Доверителя могут инвестироваться по следующим направлениям в рублях и иностранной валюте:

  • все виды ценных бумаг;
  • кратко- и долгосрочные кредиты;
  • операции по купле-продаже иностранной валюты;
  • реконструкция, строительство объектов недвижимости;
  • фьючерсные контракты и другие биржевые операции.

 

2.2. Основные условия управления денежными средствами Доверителя (сумма, срок, процент доходности, гарантированный банком) и их изменения отражаются в таблице учета движения денежных средств, являющейся неотъемлемой частью Договора.

 

2.3. Минимальный размер вклада и процентная ставка при заключении или продлении Договора определяются в соответствии с установленными Банком и действующими на соответствующий момент тарифами годовых процентных ставок по денежным вкладам.

 

2.4. Начисление процентов производится исходя из фактического количества дней управления Банком средствами с момента поступления денежных средств в кассу Банка либо на корреспондентский счет Банка и получения Банком подтверждающего документа (платежного поручения) до момента окончания срока размещения денежных средств.

 

2.5. Банк вправе в одностороннем порядке изменять процентную ставку по Договору пропорционально изменению средней ставки по межбанковским кредитам или изменению ставки по кредитам Центрального банка РФ, предоставляемым коммерческим банкам, о чем письменно уведомляет Доверителя.

 

Неполучение Банком письменного ответа Доверителя по вопросу изменения процентной ставки в течение десяти дней с момента получения Доверителем уведомления приравнивается к его согласию.

 

2.6. Расчетно-кассовое обслуживание по настоящему Договору осуществляется в соответствии с тарифами на расчетно-кассовое обслуживание, действующими в Банке на момент осуществления расчетов.

 

  1. ПРАВА, ОБЯЗАННОСТИ И ОТВЕТСТВЕННОСТЬ СТОРОН

 

3.1. Доверитель обязан не позднее, чем через два рабочих дня с момента заключения Договора, внести в кассу Банка или перевести на корреспондентский счет Банка передаваемую в управление сумму в соответствии с п. 1 Договора.

 

3.2. Банк вправе использовать средства Доверителя для осуществления инвестиций по направлениям, установленным п. 2.1 Договора.

 

3.3. За осуществление установленной Договором деятельности Доверитель выплачивает Банку вознаграждение в размере 0,5% (пяти десятых процента) годовых от дохода, полученного при инвестировании денежных средств Доверителя, с учетом налога на добавленную стоимость.

 

3.4. По истечении срока размещения Доверителем денежных средств и после предъявления Доверителем Договора Банк возвращает Доверителю денежные средства и начисленный доход не позднее, чем на 3-й рабочий день после предъявления Договора.

 

3.5. При неисполнении Банком обязанностей, предусмотренных п. 3.4, он обязан выплатить Доверителю пени в размере 0,6% (шесть десятых процента) от суммы просроченного платежа за каждый день просрочки.

 

  1. ПРОЧИЕ УСЛОВИЯ

 

4.1. Договор вступает в силу с момента подписания его сторонами.

 

4.2. Договор прекращает свое действие по окончании всех расчетов по нему.

 

4.3. Продление срока действия Договора производится:

  • по соглашению сторон на установленный ими новый срок. При этом процентная ставка на новый срок устанавливается в соответствии с действующими на момент продления Договора тарифами;
  • если Доверитель после окончания срока действия Договора не предъявил его Банку для возврата средств, Договор продлевается Банком на один календарный месяц. При продлении Договора размер находящихся в управлении денежных средств увеличивается на сумму дохода, начисленного Доверителю.

Процентная ставка устанавливается в размере ставки, соответствующей 1 месяцу установленной действующими на момент продления Договора тарифами.

 

4.4. Договор может быть расторгнут досрочно:

  • при несогласии Доверителя с измененной в соответствии с п. 2.5 процентной ставкой. В этом случае проценты начисляются по ставке, действовавшей в момент заключения Договора, которая соответствует количеству полных месяцев размещения средств в Банк в соответствии с п. 2.4 Договора до даты, наступившей через 10 дней после получения Доверителем уведомления Банка;
  • по инициативе Доверителя. В этом случае Банк обязуется возвратить Доверителю средства, переданные в управление, в течение трех рабочих дней после предъявления Договора, а также начислить доход из расчета ставки вклада до востребования, действующей на момент расторжения Договора.

 

4.5. Все вопросы, не урегулированные настоящим Договором, решаются в соответствии с действующим законодательством Российской Федерации.

 

4.6. Договор составлен в двух экземплярах по одному для каждой стороны.

 

Доверитель доверяет распоряжаться вкладом _____________________________________________________________________________.

(паспорт, серия, номер, кем, где, когда выдан)

 

  1. АДРЕСА И РЕКВИЗИТЫ СТОРОН

 

Банк Доверитель
ООО «»

Адрес

ИНН:

КПП:

р/с

к/с

БИК

ООО «Форос Аудит»

Адрес: 117593, Москва г, Литовский б-р, дом № 3, корпус 2, квартира 490.

ИНН: 7727543450

КПП: 772801001

р/с: 40702810069000027701

ПАО «ХАНТЫ-МАНСИЙСКИЙ БАНК ОТКРЫТИЕ» Г. МОСКВА

к/с: 30101810700000000297

БИК: 044525092

 

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