DECISION ON CONDITIONS AND MANNER OF OPENING, MAINTAINING AND CLOSING BANK ACCOUNTS

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1 Pursuant to Article 3, paragraph 4 and Article 36, paragraph 2 of the Law on Payment Transactions ( FRY Official Gazette, No. 3/2002 and 5/2003 and "RS Official Gazette", No. 43/2004) the Governor of the National Bank of Serbia hereby issues DECISION ON CONDITIONS AND MANNER OF OPENING, MAINTAINING AND CLOSING BANK ACCOUNTS 1. This Decision shall set out the conditions and manner of opening, maintaining and closing a bank account for payment transactions, and the basic elements of the contract on opening and maintaining such account (hereinafter: the contract). 2. For the purposes of this Decision, the bank shall have the meaning as defined by Article 2, item 10 of the Law on Payment Transactions (hereinafter: the Law). For the purposes of this Decision, the account means the gyro-account, current account and clearing account, and other accounts opened, maintained and closed in line with the Law and other regulations. Opening and closing of accounts with the National Bank of Serbia 3. The National Bank of Serbia shall open, maintain and close the gyroaccount, clearing account and other bank account, and accounts of other entities, in line with the law stipulating that such accounts be maintained with the National Bank of Serbia. 4. The accounts from Section 3 hereof shall be opened by the National Bank of Serbia upon receipt of application for account opening, and conclusion of a contract with the National Bank of Serbia. Notwithstanding paragraph 1 of this Section, the National Bank of Serbia may open accounts referred to therein if so stipulated by the law or other regulation. 5. The application for account opening from Section 3 hereof shall contain: applicant s name, place head office, address, telephone number, activity, applicant s registration number, and the seal and signature of the person authorized to act for and on behalf of the applicant (authorized representative). Along with the application from paragraph 1 of this Section, the applicant shall submit the following documents: 1) decision on entry in the register with the competent authority; 2) founding act issued by the competent authority if entry in the register is not obligatory and if the entity is established directly based on the law, which is 1

2 documented by an appropriate excerpt from the law; 3) information issued by the statistical office on classification by activity if such classification is made by the statistical office, and/or the document containing this information; 4) the document of the competent authority containing the applicant s tax identification number; 5) the Signature Specimen Card of persons authorized to sign orders (on the form Signature Specimen Card, printed as Annex 1 to this Decision and constituting its integral part), for the purpose of disposing of funds in the account, signed by the authorized person specified by the decision on entry in the register with the competent authority and stamped with a seal, which shall serve for certification of payment instruments; 6) signature specimens of authorized representatives, certified by the competent authority (on the form Certified Signatures of Authorized Representatives, printed as Annex 2 to this Decision and constituting its integral part). Along with the application for opening other accounts, the applicant that already has an account open with the National Bank of Serbia shall submit the following: 1) reference to the law, and/or regulation stipulating that funds be maintained separately; 2) Signature Specimen Card of persons authorized to sign orders, for the purpose of disposing of funds in the account, signed by the authorized person and stamped with a seal, which shall serve for certification of payment instruments. Along with the documents from paragraphs 1 and 2 of this Section, the National Bank of Serbia may also require the submission of documents prescribed by another law and regulation. 6. If the National Bank of Serbia ascertains that conditions for account opening have been fulfilled, it shall conclude a contract with the applicant (hereinafter: the client of the National Bank of Serbia) and open an account to the applicant. 7. The National Bank of Serbia shall close the accounts from Section 3 hereof on the basis of the client's written instructions for account closure. The instructions for account closure from paragraph 1 of this Section shall contain: name of the client of the National Bank of Serbia, place head office, address, telephone number, number of the account for funds transfer, registration number of the client of the National Bank of Serbia, seal and signature of the authorized person. 2

3 The National Bank of Serbia shall close the accounts from paragraph 1 of this Section if the client of the National Bank of Serbia ceases to exist as a legal entity: 1) by force of law or other regulation, 2) due to bankruptcy or liquidation, 3) due to status change. 8. In the event described in Section 7, paragraph 3, subparagraph 1 of this Decision, the National Bank of Serbia shall transfer the funds from closed accounts to the account of the legal successor, and/or to the account of the legal entity specified by the law or other regulation. If no legal successor or another legal entity to whose account funds are transferred has been designated by the law or other regulation, the National Bank of Serbia shall transfer the funds from closed accounts to the idle funds account. 9. In the event described in Section 7, paragraph 3, subparagraph 2 hereof, the National Bank of Serbia shall close all accounts of the client of the National Bank of Serbia undergoing bankruptcy or liquidation proceedings, upon instructions of the bankruptcy or liquidation administrator, and at the same time it shall open the bankruptcy or liquidation account. Along with the instructions from paragraph 1 of this Section, the bankruptcy or liquidation administrator shall submit the following documents: 1) decision on initiation of bankruptcy or liquidation proceedings entered in the register with the competent authority; 2) instructions for opening the bankruptcy or liquidation account; 3) information issued by the statistical office on classification by activity if such classification is made by the statistical office, and/or the document containing this information; 4) the document of the competent authority specifying the tax identification number of the client of the National Bank of Serbia; 5) the Signature Specimen Card of persons authorized to sign orders, for the purpose of disposing of funds in the account, signed by the authorized person specified by the decision on entry in the register with the competent authority, and stamped with a seal which shall serve for certification of payment instruments; 6) order for transfer of funds. The National Bank of Serbia shall transfer funds from closed accounts of the client of the National Bank of Serbia undergoing bankruptcy or liquidation to the newly opened bankruptcy or liquidation account. 10. In the event described in Section 7, paragraph 3, subparagraph 3, the National Bank of Serbia shall close accounts of the client that has undergone a status change upon the client s instructions or instructions of the client s legal successor. 3

4 Along with the instructions from paragraph 1 of this Section, the client of the National Bank of Serbia or the client s legal successor shall submit the following: 1) decision on entry of the status change in the register with the competent authority; 2) decision on recording deletion of the client that ceases to operate in the register with the competent authority. 3) notice of the deletion of the client of the National Bank of Serbia that ceases to operate from the statistical register, and/or document containing this information. 4) order for funds transfer. Opening and closing a bank account 11. The bank shall open the following accounts: 1) current accounts to legal entities and natural persons engaged in an activity; 2) other accounts to legal entities and natural persons engaged in an activity; 3) current and other accounts to natural persons that are not engaged in an activity. Legal entities and natural persons from paragraph 1 of this Section may have more than one account in one bank and accounts in several banks. 12. The accounts from Section 11 hereof shall be opened by the bank upon application for opening of such accounts, and the contract on opening and maintaining such accounts with the bank. Notwithstanding paragraph 1 of this Section, a bank may open accounts if so stipulated by the law or other regulation. 13. The application for opening a bank account, submitted by legal entities and natural persons engaged in an activity, shall contain: applicant s name, place head office, address, telephone number, activity, applicant s registration number, seal and signature of the authorized representative. 14. Along with the application for opening a current account, legal entities and natural persons engaged in an activity shall submit the documents prescribed by Section 5, paragraph 2 hereof. Along with the application for opening other accounts, legal entities and natural persons engaged in an activity shall submit the documents prescribed by Section 5, paragraph 3 hereof. 15. Natural persons who are not engaged in an activity may open current accounts with the bank upon application for opening such accounts and the 4

5 contract on account opening and maintaining, as well as other documents requested by the bank pursuant to its business policy. Along with the application from paragraph 1 of this Section, the natural person from this paragraph shall deliver signature specimens of persons authorized to sign orders, for the purposes of disposing of funds in the account. 16. The bank shall close a client s account based on the client s instructions for account closing or based on the contract on opening and maintaining bank accounts, and it shall transfer balances from closed accounts to the account specified in the instructions. The instructions from paragraph 1 of this Section shall contain: client s name, address, telephone number, the number of account to be closed, the number of account to which funds are to be transferred, registration number of the legal entity or personal identification number of the natural entity, seal and signature of the authorized person. 17. The bank shall close accounts even without the instructions from Section 16 hereof if the client ceases to exist as a legal entity: 1) by force of law, and/or in cases stipulated by the law, or pursuant to other regulation, 2) due to bankruptcy or liquidation, 3) due to status change. In the event described in paragraph 1, subparagraph 1 of this Section, funds from closed accounts shall be transferred by the bank to the legal successor s account, and/or account of the client designated by the law or other regulation. If the Law or other regulation does not designate the legal successor or another client to whose account the funds are to be transferred, the bank shall transfer the funds from closed accounts to its idle funds account. 18. The bank shall close the client s account upon instructions of the bankruptcy administrator, and shall transfer any balances in this account to the account specified in the instructions. Along with the instructions from paragraph 1 of this Section, the bankruptcy administrator shall authorize the bank to transfer to the bankruptcy account all funds to be paid into the closed account. Along with the instructions from paragraph 1 of this Section, the bankruptcy administrator shall submit the documents prescribed by Section 9 hereof. 19. The bank shall close the account of the bank client who has had the initiation of liquidation proceedings entered in the register with the competent authority, following the conclusion of liquidation proceedings conducted pursuant to the law governing the incorporation and management of 5

6 companies, on the basis of notification of the client s liquidation administrator and the decision on recording the deletion of the client that ceases to operate in the register with the competent authority. 20. The contract on opening and maintaining a bank account shall lay down mutual rights and liabilities of the bank and its client. be: The basic elements of the contract from paragraph 1 of this Section shall - full name of the bank, and/or legal entity specified in the decision on entry in the register with the competent authority, place and address of the head office of the bank, and/or legal entity, registration number of the bank, and/or legal entity, name and surname, and function of the bank representative, and/or legal entity; and the basic details for natural persons (name and surname, father s name, place of residence, unique personal identification number, ID number); - transactions that the bank will perform for the client; - number and name of the account opened; - manner in which the bank will effect account adjustments and corrections; - manner of issuing payment orders (in writing, electronically or orally); - manner and deadlines for submitting a statement of changes on the account (by mail, fax, , at the teller) provided that the deadline for the legal entity is not longer than two days following the day of the occurrence of change, while the bank shall submit to the natural person the statement of changes on the account at least once a month; - mutual rights and liabilities, responsibility and indemnity, etc; - client s obligation to inform the bank of status and other changes which must be registered with the competent authority, within three days following the receipt of the statement of entry of such change in the register; - court jurisdiction in case of dispute; - contract termination period; - other conditions agreed upon by the parties. The bank shall inform the client of each change in the above contract terms within 30 days before such a change becomes effective. 21. For the purposes of Sections hereof, the bank shall have the meaning as defined by Article 2, Section 10, subparagraph a) of the Law. Account maintenance 22. The bank shall record the effected payment transaction for each lot. Along with data for each lot, the supplementary records shall contain data in accordance with the chart of accounts for banks, by purpose of payment. The bank shall record data on a daily and timely basis, and shall ensure the accuracy of recorded data. The data on daily turnover and balance shall be maintained in basic 6

7 bookkeeping records for ten years. Analytical records and bookkeeping documents used for entries in these records shall be maintained five years after the end of the relevant year. 22a. When opening, maintaining and closing accounts for the purposes hereof, banks shall undertake actions and measures stipulated by the law governing anti-money laundering activities. 23. This Decision shall supersede the Decision on Conditions and Manner of Opening, Maintaining and Closing a Bank Account ( RS Official Gazette, No 57/2004). 24. This Decision shall come into effect one day after its publication in the RS Official Gazette. D. No 27 Governor 11 April 2005 National Bank of Serbia Belgrade Radovan Jelašić, sign. 7

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