The Ministry of Finance explained the features of opening special accounts to individuals - participants of procurement under the Law № 44-FZ

14 November 2018, Wednesday

Experts of the Ministry noted that the current mechanism of providing applications with the use of special accounts does not contain restrictions on individuals who are participants in the procurement. Thus, participation in the definition of contractors may be limited only in cases provided for by part 1 of article 27 of the Federal law of April 5, 2013 № 44-FZ "on the contract system in the procurement of goods, works and services for state and municipal needs." At the same time, participants can be any legal entities, including those registered as sole traders.

In turn, the Bank is obliged to conclude a Bank account agreement with the client subject to the necessary conditions (paragraph 2 of article 846 of the Civil code). A credit institution shall not have the right to refuse opening of the account, except for cases when such refusal is caused by the absence of the Bank of possibility to accept on Bank servicing or permitted by law or other legal acts. Therefore, in case of unreasonable evasion of Bank from the conclusion of the contract of the Bank account the client has the right to show him the relevant requirements (paragraph 4 of article 445 GK the Russian Federation).

Document: Letter of the Ministry of Finance of Russia dated 6 November 2018, the number 24-06-08/79659 "On the implementation of procurement in electronic form"

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