June 29, 2021
Bank accounts in Uzbekistan
- Civil Code of the Republic of Uzbekistan
- Law of the Republic of Uzbekistan” On Banks and Banking Activities ” No. ZRU-580 of 05.11.2019.
- Law of the Republic of Uzbekistan” On the Central Bank of the Republic of Uzbekistan ” No. ZRU-582 of 11.11.2019.
- Law of the Republic of Uzbekistan” On Currency Regulation ” No. 841-XII of 07.05.1993.
- Law of the Republic of Uzbekistan” On Electronic Document Management ” No. 611-II of 29.04.2004.
- Instructions on bank accounts opened in banks of the Republic of Uzbekistan, approved by the Resolution of the Board of the Central Bank, registered by the Ministry of Justice No. 1948 of 27.04.2009.
- Regulation on the procedure for voluntary liquidation of business entities and termination of their activities, approved by Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 704 of 21.08.2019.
- Regulation on the procedure for exclusion from the state register of Business entities that do not carry out Financial and Economic activities, approved by the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 704 of 21.08.2019.
A bank account is a tool of implementing relations that arise between the bank and the client as a result of the conclusion of a bank account agreement, under which the bank (hereinafter “bank” or “servicing bank“) undertakes to accept and credit funds received to the account holder’s (hereinafter “client“) account, to fulfill the client’s orders to transfer and issue the corresponding amounts from the account and to perform other operations on the account;
Clients can open the following types of accounts with banks:
- a) demand deposit accounts;
- b) savings and deposit accounts;
- c) term deposit accounts;
- e) other deposit accounts.
Demand deposit account – an account where the client’s funds are recorded, issued, or transferred at his first request.
Savings deposit account – an account that keeps records of funds formed on the basis of periodic contributions from clients, saved for certain purposes and sent for these purposes or returned upon termination of the contract;
Term deposit account – an account that keeps records of client funds deposited for a strictly agreed period of time in the contract;
Loan account – an account that keeps records of credit loans issued to clients in accordance with the established procedure.
If a legal entity opens a demand deposit account for the first time after its state registration, this account will be considered its main account. All other deposit accounts opened after are considered to be secondary accounts.
According to the Instructions on bank accounts opened in banks of the Republic of Uzbekistan (hereinafter “Instruction“), legal entities and individuals independently choose the bank in which they will open an account, the type of such bank account, and the currency of the bank account. Moreover, they can open accounts in one or several banks.
The instruction sets out 4 procedures for opening bank accounts:
(1) The procedure for opening demand deposit accounts, savings accounts, term accounts, and other accounts in the national currency
(2) Procedure for opening demand deposit accounts, savings accounts, term accounts, and other accounts in foreign currency
(3) Procedure for opening accounts under a credit agreement
(4) Procedure for opening correspondent accounts
When opening demand deposit accounts, savings accounts, term accounts, and other accounts in the national currency, the following documents are provided to the bank by business entities (in particular, legal entities, individual entrepreneurs, dehkan farms):
1) application for opening an account;
2) two copies of cards with sample signatures in a special form;
3) a document certifying the identity of a person (passport or a document replacing it) who has the authority to sign monetary settlement documents on behalf of the client. A copy is taken from the identity document, and the original is returned.
To open bank accounts, both in national and foreign currency, different entities have their own list of documents.
Legal entities-business entities are also allowed to open special accounts before their state registration for crediting the initial contributions of the founders.
The general rule is that the bank is obliged to open a bank account no later than the next business day from the date of submission of documents for opening any type of bank account.
In cases where the loan agreement is the basis for opening a bank account, such an account, which is called a loan account, is opened no later than the next banking business day after the entry into force of the loan agreement. At the same time, as a general rule, in order to open it, the head of the bank or a person authorized by the head must submit an order to the accounting department to open a loan account. Such an order must indicate the amount and interest rate of the loan. An exception to this rule is the issuance of a loan through remote service systems.
Finally, the following two types of correspondent accounts are opened for banks:
(1) correspondent accounts with the Central Bank of the Republic of Uzbekistan in national and foreign currencies.
(2) correspondent accounts with resident banks.
Commercial resident banks have the right to open the first type of correspondent accounts.
To open a correspondent account, commercial banks submit the following documents::
1) application for opening an account;
2) a copy of the certificate of assignment of the taxpayer identification number;
3) a copy of the license issued by the Central Bank of the Republic of Uzbekistan for banking operations;
4) a card with samples of signatures and a seal impression.
Resident banks may, in principle, open a correspondent account with any other bank, but only if such another bank has a banking license.
But it has to be noted that if a correspondent account is opened by a non-resident, then undoubtedly the documents provided are different from those that a resident commercial bank must submit.
When opening a bank account many questions arise about a card with samples of signatures and an impression of seals. Such a card is issued in two copies and it also confirms the list of persons entitled to the first and second signatures. Persons with the right of the first signature are those who perform the management functions of accounting (usually, this is the director), persons with the right of the second signature are those who perform the functions of accounting and financial management (usually, an accountant). Sometimes one person may have the right to both signatures. If the client has a seal (business entities, for example, do not need to have their own seal now), then a sample of the seal impression is also taken. Cards for residents and non-residents differ from each other. If the information specified in the card has been changed, the client provides the bank with a new card.
All documents that are the basis for opening bank accounts of legal entities, individual entrepreneurs, and dehkan farms that are clients of the bank, as well as copies of changes and additions to these documents, are stored in the legal file opened for each client (hereinafter “legal file“). If the client changes the information specified in their legal file, they must provide the bank with copies of the changes and additions made in the constituent documents.
Clients also have the right to transfer their main account from one bank to another. To do this, the following procedure has to be executed:
(1) The Client submits an application to his / her servicing bank and returns the checkbooks. Then the servicing bank confirms in writing the balance of funds on the account.
(2) The Client submits to the bank where the new main account will be opened an application and confirmation of his / her servicing bank. On the basis of these documents, the bank opens a temporary account for the client and notifies the client and its servicing bank in writing.
(3) The Client submits a payment order to the servicing bank for the transfer of funds from the main account being closed to the temporary account. The Bank makes appropriate changes to the client’s legal file and draws up a report in two copies. This package of documents is then delivered to the new servicing bank, where the main account is opened, by mail or by courier. The bank where the new main account will be opened shall affix the signatures and seal of the authorized persons of this bank and return one copy to the bank where the main account is closed by mail or courier. It is important that such documents are not delivered through the client or third parties.
(4) Having received the above-mentioned copy of the act, the servicing bank where the main account is closed executes a payment order to transfer the remaining funds to the bank where the new main account is opened. The latter transfers money from the temporary account to the new main account and closes the temporary account.
Operations on the main bank account may be suspended in the following cases:
(1) By order of the client;
(2) The seizure of funds held in the account, by the decision of an official of the body conducting the pre-investigation check, the investigator, the investigator, or by the decision of the court (in this case, the seizure is imposed only on the amount specified in the decision or decision);
(3) In other cases provided for by law;
In cases when bank account transactions of business entities are suspended, then such suspension is carried out in court, except in cases provided for by the law.
It should also be borne in mind that transactions on bank accounts are suspended only in terms of spending. The bank accounts that have been seized or suspended cannot be transferred to another bank. Moreover, clients whose accounts are seized or suspended are not allowed to open other accounts.
As for closing the account, this is usually possible in two cases:
(1) Upon termination of the bank account agreement
(2) In the event of the liquidation of the client business entity
Many bank account agreements are concluded for an indefinite period, so, as a rule, they can be terminated at any time at the request of the client or at the request of the bank.
The contract is terminated at the request of the bank, as a rule, through the court under the following conditions:
(1) If the amount of funds in the account is lower than the minimum amount stipulated by the bank rules or the agreement. This case can only be applied if the bank warns the client about it and the client does not take any actions to restore the funds in the bank account within a month.
(2) If no transactions are made on the bank account within one year. The contract may set a period other than one year.
Termination of the bank account agreement is a ground for closing the bank account.
If a client, that is a legal business entity, is transferred by the registration authority to the category of inactive, the bank account agreement with such a legal entity is terminated from the moment of its exclusion from the state register.
The bank account of a voluntarily liquidated business entity is closed by the liquidator. Closing of the account is carried out only after receiving the conclusion of the state tax service body on the absence of debts of the liquidated business entity for taxes and fees, as well as after notification of the judicial execution bureau of the absence of the corresponding executive account in the proceedings. After that, the bank closes the account belonging to the business entity within one working day and issues a certificate of closing the main account to the liquidator. If the account is a secondary account, the money from it is transferred to the main account after the decision on voluntary liquidation is made. That is, secondary accounts are closed before the main account.
Closing the bank account of a business entity that does not carry out financial and economic activities proceeds as follows:
(1) In case of non-receipt of funds for financial and economic activities to the bank accounts within nine months, the commercial bank shall submit within 3 working days through the Information System on business entities.
(2) A commercial bank shall close the account of a business entity classified as inactive within one business day and transfer funds to inactive deposit accounts.
(3) A commercial bank shall, within five working days, consolidate the funds held in the bank accounts of a business entity excluded from the state register in single accounts in national and foreign currency and transfer them to the local budget of the district (city) at the location of the commercial bank that opened the account.
It also has to be noted that the fee for closing the bank account is not taken.