Settlements for collection example. What are collection settlements: signs, stages, forms. General provisions on collection settlements

With the crediting of these funds to the recipient's account. Banks charge a commission for the execution of collections.

Collection- a bank settlement operation, through which the bank, on behalf of its client, receives, on the basis of settlement documents, the funds due to the client from the payer for the goods and materials shipped to the payer and the services rendered, and credits these funds to the client's bank account.

Collection can be clean and documentary.

Net collection is the collection of financial documents (bills of exchange and promissory notes, checks and other similar documents used to receive payments) when they are not accompanied by commercial documents.

Documentary collection- this is the collection of financial documents accompanied by commercial documents (invoices, transport and insurance documents, etc.), as well as the collection of only commercial documents. Documentary collection in international trade is an obligation of the bank to receive, on behalf of the exporter, from the importer the amount of payment under the contract against the transfer of commodity documents to the latter and transfer it to the exporter.

Disadvantages of the collection form of payment

• The gap in time between the shipment of goods, the transfer of documents to the bank and the receipt of payment, which can be quite long, which slows down the turnover of the exporter's funds;
• Lack of reliability in paying for documents (may refuse to pay for shipping documents or become insolvent by the time they arrive at the importer's bank). These shortcomings are overcome by the use of telegraphic collection, which allows to reduce the undesirable gap in time, as well as through the use of collection with a pre-issued bank guarantee, which allows you to create a security of payment close to that which arises from irrevocable letters of credit.

At the moment, the rules have changed: International rules for collection (edition 1995)

see also

• Trade Finance

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See what "Incasso" is in other dictionaries:

Collection- - a method of settlement between two parties, in which not the supplier himself, but his bank receives the due amount or acceptance of payment from the buyer's bank on the basis of monetary, settlement or commodity documents. There are two types of collection: clean and ... ... Banking Encyclopedia

A banking operation with the help of which the bank, on behalf of its client and on the basis of settlement documents, receives the amounts due to it from enterprises and organizations for the material or commodity values ​​​​and funds provided to them ... ... Financial vocabulary

Collection- (It. incasso; English collection of payments) a banking operation, which consists in the fact that the bank, on behalf of its client, receives the amounts due to it from other legal entities on the basis of settlement documents and credits them to ... ... Encyclopedia of Law

- [it. incasso] Fin. a type of banking operation, during which the BANK, on ​​behalf of its client, receives, on the basis of settlement documents, the amount of money due to it and credits it to its account with the bank. Dictionary of foreign words. Komlev N.G.,… … Dictionary of foreign words of the Russian language

- (from lat. incasso) a type of banking operation for the transfer of funds from one client to another, from payers to recipients. On behalf of customers who are obliged to pay for the goods they bought and the services provided to them, they are transferred to the bank by ... ... Economic dictionary

collection- A type of banking operation, which consists in the receipt by the bank of money under various documents (bills, checks, etc.) on behalf of its customers and crediting them in the prescribed manner to the account of the recipient of funds. The supplier is obliged to present to the bank on And ... Technical Translator's Handbook

Receipt by the bank of funds on various financial documents (bills, checks, etc.) on behalf of its clients and crediting them in the prescribed manner to the account of the recipient of funds. In 1978, the International Chamber of Commerce developed ... ... Glossary of business terms

COLLECTION- (Italian incasso) a type of banking operation, an abstract transaction, independent of the agreement between the payer and the recipient of funds, according to which settlements are made, consisting in the receipt by the bank of money according to certain settlement documents and ... ... Legal Encyclopedia

A type of banking operation, one of the forms of non-cash payments, in which the bank (issuing bank) undertakes, on behalf of the client and at his expense, to receive payment and (or) acceptance of payment. The issuing bank, which has received the client's order, has the right to attract for it ... Law Dictionary

- (Italian incasso), a banking operation in which the bank, on behalf of the client, receives the amounts due to the latter on the basis of monetary commodity or settlement documents ... Modern Encyclopedia

Books

• Foreign trade financing and guarantee business. Practical guide, Mikhailov Dmitry Mikhailovich. The new edition provides the most detailed information about the procedure for drawing up and the content of each of the sections of a foreign trade contract, methods for reducing risks and ways to implement ...
• Foreign Trade Finance and Guarantee Business 3rd ed. Practical guide, Dmitry Mikhailovich Mikhailov. The new edition provides the most detailed information about the procedure for drawing up and the content of each of the sections of a foreign trade contract, methods for reducing risks and ways to implement ...

Collection- this is one of the forms of settlement between the seller (manufacturer of goods, service provider) and the buyer, in which the settlement is carried out not by the participants in the transaction, but by their banks. Thus, the participants in the collection operation are:

claimant- a client who entrusts the collection operation to his bank;

remitting bank- the bank to which the recoverer entrusts the collection operation;

collecting bank- the bank entrusted with the execution of the collection order;

payer- counterparty of the recoverer, who must pay him in accordance with the collection order.

Depending on the type of documents used, the collection can be pure and documentary. Net collection carried out only with the use of payment documents (checks, bills of exchange, payment receipts, etc.), and documentary collection- collection of financial documents that are accompanied by commercial documents (invoices, waybills, transport documents, etc.), or commercial documents that are not accompanied by financial documents. Documentary collection in international trade is an order from the exporter to his bank to receive from the importer the amount of payment under the contract. In turn, the exporter transfers the trade documents to the importer. The calculation scheme for collection will be as follows:

Figure 1. "Scheme of calculation for collection"

Collection settlements occur according to the following scheme: a contract is concluded between the parties (in this case, between the exporter and importer) (point 1 in Fig. 1), which indicates, among other things, through which banks settlements will be made. Further, the transport company delivers the goods to the importer (point 2). After delivery, the transport documents are handed over to the exporter (point 3). He submits a complete set of documents plus a collection order to his bank (recipient) (paragraph 4). After receiving documents from the creditor, the remitting bank checks them, and if everything is correct, it executes the order of the creditor. Namely, it presents the documents to the collecting bank (point 5), which presents them to its client (point 6). In case of acceptance (acceptance of claims) (clause 7), the presenting bank transfers the money (clause 8) to the remitting bank, which, in turn, transfers them to the account of the recoverer. To virtues collection form of payment can be attributed high payment security(documents are not issued to the buyer until payment), as well as reliability of documents delivery to the importer(their delivery is engaged, which guarantees their complete safety until the moment of payment by the importer). But this form of calculation has some limitations. In particular, the exporter receives gap in time between the shipment of goods and the receipt of money for them, which slows down its business turnover. Another disadvantage is this form of payment does not guarantee the exporter 100% receipt of payment, as the importer may not have the means to pay or refuse to pay or accept. Therefore, exporters often require importers to provide bank guarantees in order to insure themselves and not be left with nothing. Another way to secure transactions between counterparties is to use letters of credit instead of collection. The main difference between a letter of credit is a firm obligation of the remitting bank to pay the claimant, while under the collection the bank does not bear any financial obligations to its client. The higher reliability of a letter of credit also lies in the fact that the bank does not check documents for collection (unlike a letter of credit). Another disadvantage of the collection is that it can be revoked at any time, and in a situation with an irrevocable letter of credit, this can only be done with the consent of both parties. Therefore, collection is more suitable for making settlements in cases where the exporter has a trusting relationship with the importer and can be 100% sure of his solvency. Or if the exporter has mechanisms that guarantee him a refund (for example, he has documents without which the importer will not enter into possession of the goods). Collection is more beneficial for the importer: compared to a letter of credit, it does not require the bank to provide additional guarantees, it also leaves the final decision on the payment to the importer (he may refuse to pay or accept acceptance). Collection is a cheaper, but less reliable type of documentary operations compared to a letter of credit. Legal regulation of collection settlements is carried out in accordance with the following documents:

§ 4 Chapter 46 of the Civil Code of the Russian Federation (Articles 874-876);

chapters 8-12 of part I of the regulation of the Central Bank of the Russian Federation of October 3, 2002 N 2-P;

chapter 5 of the regulation of the Central Bank of the Russian Federation of April 1, 2003 N 222-P;

chapter 5 of the regulation of the Central Bank of the Russian Federation of April 1, 2003 N 222-P;

regulation of the Central Bank of the Russian Federation of April 10, 2006 N 285-P "On the procedure for accepting and executing by credit institutions, subdivisions of the settlement network of the Bank of Russia executive documents presented by collectors."

Article 874 of the Civil Code of the Russian Federation, in particular, defines the parties that participate in the collection (client, payer, remitting bank, executing bank). As well as liability for non-fulfillment of collection obligations (“in case of non-fulfillment or improper fulfillment of the client’s order, the remitting bank shall be liable to him on the grounds and in the amount provided for in Chapter 25 of the Civil Code of the Russian Federation”). This may be the non-acceptance of documents drawn up in the appropriate order for settlements on collection; failure to send documents to the executing bank; non-transfer of payment to the account of the claimant; violation of the deadlines for the implementation of actions for the execution of the collection and other actions. Responsibility is shifted to the executing bank if the payment was not made due to its fault. Article 875 of the Civil Code of the Russian Federation determines the procedure for the execution of a collection order. The remitting bank checks the documents provided to it for collection -> the documents are delivered to the payer -> the executing bank must present the payer for payment immediately upon receipt of the collection order -> the received amounts must be immediately transferred by the executing bank to the disposal of the remitting bank -> the latter is obliged to credit these amounts to the customer's account.

Article 876 of the Civil Code of the Russian Federation determines the procedure for notification of completed or non-performed transactions. If payment (or acceptance) has not been received from the importer, the executing bank must immediately notify the issuing bank of the reasons for non-payment (or refusal of acceptance). The latter "is obliged to immediately inform the client about this, asking him for instructions on further actions." If the nominated bank does not receive instructions on further actions within the prescribed period, it "has the right to return the documents to the issuing bank."

Collection or collection settlement- this is a non-cash banking operation performed by the bank as an intermediary between the payer and the client (or the state) for the transfer of funds.

In international banking terminology, it is customary to call the debtor an importer, and the bank's client an exporter.

Collection operations are carried out by the bank on behalf of and at the expense of the exporter. Collection settlements are made in strict accordance with the Uniform Rules approved by the international community in 1979.

In general cases, collection operations require the conclusion of an agreement between the parties to commercial relations and the bank for collection settlements. It is not required to conclude an agreement if the demand for payment comes from the state: tax payments and contributions, customs duties, payments on enforcement orders, and others.

Collection operations are performed by the bank in accordance with the agreement or instruction. The purposes of collection operations can be:

• transfer of payment or receipt of acceptance;
• transfer of documents against payment (acceptance);
• transfer of documents on other terms.

The following partner organizations and banks participate in collection operations:

1. Principal - a bank client who entrusts collection operations to his bank;
2. Remitting bank - a trusted bank;
3. The presenting bank actually receives the payment from the payer;
4. Collecting bank - another bank that is not representing or remitting, but participating in the collection operation;
5. Payer - an organization or person receiving documents on a collection order;

The collection is documentary, when settlements are made according to commercial documents, and clean collection, when only financial documents are sent to the bank.

Collection scheme

The payment scheme looks like this: Partners conclude a contract providing for collection operations, stipulate the terms of payment and indicate the banks serving them. Goods are shipped, transport documents are drawn up and transferred to the parties. The supplier prepares a package of commercial documents, which may also include financial documents (in agreement with the bank) and transfers them to the remitting bank along with the collection order. The Bank carefully checks the received documents for compliance with their details specified in the collection order.

The remitting bank transfers the verified documents to the collecting bank, which in turn sends them to the buyer - the debtor. After receiving the acceptance, the buyer's bank transfers the money to the remitting bank, and also transfers commercial documents.

Advantages and disadvantages of collection

The main advantage of collection settlements is that the goods are the property of the supplier until the moment of payment. But today, collection operations have a number of significant drawbacks.

1. Freezing the buyer's funds for a long period. Quite a lot of time passes from the moment the goods are shipped to the transfer of documents to the bank and payment.
2. At the time of payment, the buyer may not have funds in the account.
3. The goods are delivered before payment and accompanying documents are received, which forces the buyer (or supplier, depending on the terms of the contract) to spend extra money on storing goods.

These shortcomings of collection settlements repel participants in commercial relations, this type of interaction is not popular in Russia, although collection settlements have undeniable advantages: a guarantee of receiving all necessary documents on time, legal transparency of transactions. Therefore, in commercial relations, collection is widespread in international trade.

A collection order is a settlement document on the basis of which funds are debited from the payers' accounts in an indisputable manner.

Collection orders apply:

• in cases where an indisputable procedure for the collection of funds is established by law, including for the collection of funds by bodies performing control functions;
• for recovery under executive documents;
• in cases stipulated by the parties under the main agreement, provided that the bank servicing the payer is granted the right to debit funds from the payer's account without his order.

The collection order is drawn up on the form 0401071. RECOVERY OF MONEY IN AN INDISPUTABLE PROCEDURE

When collecting funds from accounts in an indisputable manner in cases established by law, in the collection order in the field "Purpose of payment" a reference must be made to the number of the law, the date of adoption and the relevant article.

When collecting funds on the basis of executive documents, the collection order must contain a reference to the date of issue of the executive document, its number, the number of the case on which the decision subject to enforcement was made, as well as the name of the body that made such a decision.

In the case of collection of a performance fee by a bailiff, the collection order must contain an indication of the collection of a performance fee, as well as a reference to the date and number of the executive document of the bailiff. Collection orders for the collection of funds from accounts issued on the basis of executive documents are accepted by the bank of the recoverer with the original of the executive document or its duplicate attached.

Banks do not accept for execution collection orders for writing off funds in an indisputable manner, if the enforcement document attached to the collection order is presented after the expiration of the period established by law.

Banks serving debtors (executing banks) execute received collection orders with attached executive documents or, in the absence or insufficiency of funds on the debtor's account to satisfy the requirements of the recoverer, make a note on the executive document about the complete or partial non-fulfillment of the requirements specified therein, in connection with the absence of funds on the debtor's account and place the collection order, with the attached executive document, in the card file "Settlement documents not paid on time". Collection orders are executed as funds are received in the order established by law.

The indisputable procedure for writing off funds is applied for obligations in accordance with the terms of the main agreement, except for cases established by the Bank of Russia.

The debiting of funds in an indisputable manner in the cases provided for by the main agreement is carried out by the bank if there is a condition in the bank account agreement on the debiting of funds in an indisputable manner or on the basis of an additional agreement to the bank account agreement containing the corresponding condition. The payer is obliged to provide the servicing bank with information about the creditor (recipient of funds) who has the right to issue collection orders for debiting funds in an indisputable manner, the obligation under which payments will be made, as well as about the main agreement (date, number and corresponding clause providing for the right indisputable write-off).

The absence of a condition on the debiting of funds in an indisputable manner in the bank account agreement or an additional agreement to the bank account agreement, as well as the absence of information about the creditor (recipient of funds) and other above information is the basis for the bank to refuse to pay for the collection order.

Banks do not consider on the merits the objections of payers to debiting funds from their accounts in an indisputable manner.

Banks suspend the debiting of funds in an indisputable manner in the following cases:

• by decision of the body exercising control functions in accordance with the law, to suspend the collection;
• in the presence of a judicial act on the suspension of recovery;
• on other grounds provided for by law.

The document submitted to the bank shall indicate the data of the collection order, the collection of which must be suspended. When resuming the write-off of funds on a collection order, its execution is carried out with the preservation of the priority group indicated in it and the calendar order of receipt of the document within the group.

The executive document, the recovery of funds for which was not made (except in cases of termination of enforcement proceedings) or was partially made, is returned together with the collection order by the executing bank to the issuing bank for transfer to the recoverer personally against receipt of receipt or by registered mail with notification. At the same time, the executing bank makes a note on the executive document on the date of return of the executive document indicating the amount recovered, if there was a partial payment for the document.

The executive document, the collection of funds for which was made or terminated in accordance with the law, is returned by the executing bank by registered mail with notification to the court or other body that issued the executive document. At the same time, the executing bank makes a note on the executive document on the date of its execution indicating the amount recovered or the date of return indicating the grounds for stopping the recovery (number and date of the claimant's statement, court ruling (arbitration court) or other document) and the amount recovered, if there was a partial document payment.

A note is made about the return of the executive document in the bank's register indicating the date of return, the amount (or the balance of the amount) and the reason for the return.

GENERAL PROVISIONS ON COLLECTION SETTLEMENTS

When paying for collection the bank (issuing bank) undertakes, on behalf of the client, to carry out at the expense of the client actions to receive payment and (or) acceptance of payment from the payer.

The issuing bank that received the client's order is entitled to engage another bank (executing bank) for its execution. In case of non-execution or improper execution of the client's order, the issuing bank shall be liable to him.

If non-execution or improper execution of the client's order occurred due to violation of the rules for making settlement transactions by the executing bank, liability to the client may be assigned to this bank.

EXECUTION OF A COLLECTION ORDER

In the absence of any document or inconsistency of documents on external signs with the collection order, the executing bank is obliged to immediately notify the person from whom the collection order was received. In case of non-elimination of the indicated shortcomings, the bank has the right to return the documents without execution.

The documents are submitted to the payer in the form in which they are received, with the exception of the marks and inscriptions of the banks required to complete the collection transaction.

If the documents are payable at sight, the executing bank must make presentation for payment immediately upon receipt of the collection order.

If the documents are subject to payment at a different time, the executing bank must, in order to receive the payer's acceptance, submit the documents for acceptance immediately upon receipt of the collection order, and the request for payment must be made no later than the day the payment deadline specified in the document occurs.

Partial payments can be accepted in cases where it is established by banking rules, or if there is a special permission in the collection order.

The received (collected) amounts must be immediately transferred by the executing bank to the disposal of the issuing bank, which is obliged to credit these amounts to the client's account. The executing bank has the right to withhold from the collected amounts the remuneration and reimbursement of expenses due to it.

NOTIFICATION OF OPERATIONS CARRIED OUT

If payment and (or) acceptance were not received, the executing bank is obliged to immediately notify the issuing bank of the reasons for non-payment or refusal of acceptance.

The issuing bank is obliged to immediately inform the client about this, asking him for instructions on further actions. If instructions on further actions are not received within the time period established by the banking rules, and in its absence within a reasonable time, the executing bank has the right to return the documents to the issuing bank.

In order to find out as accurately as possible what this or that word from the business lexicon means, it is better to refer to legislative acts. In this article we will analyze the meaning of the term "collection". This concept is reflected in article number 874 of the second part of the Civil Code. According to it, during settlement operations under the collection scheme, the credit institution must, on behalf of its client and at his expense, perform a set of actions to receive payment or its acceptance from the payer under the agreement (it implies agreement to pay).

Collection is an operation that is often used in international settlements. In this case, the exporter brings a collection order to the servicing bank and attaches accompanying documents to it. Note that not every financial institution provides such services. The credit institution, in turn, sends an order to the country of delivery of the goods, to the corresponding bank, which will interact with the importer. The correspondent financial institution issues trade documents to the importer, receiving payment from him, which is transferred to the original bank, and then to the exporter.

There are several varieties of collection - this is the so-called clean and documentary. Documentary is almost always accompanied by the transfer of commercial or trade documents. It is considered quite risky, because there is a time gap between the receipt of the final payment and the initial transfer of documents to the bank and the shipment of goods. In addition, when the package of documents arrives at the corresponding bank, the importer may not have the funds to pay, or even become bankrupt.

What schemes are used to reduce the risk in collection operations? These are so-called operations with a preliminary received guarantee from the corresponding bank. It is transferred by this credit institution to the bank that works with the exporter. And he, in turn, provides the company conducting the export.

A net collection is an operation where the trade documents are not handed over. Instead, financial documents (check for collection, bills of exchange, etc.) are circulated during the operation. In this case, if a person owns, for example, a check of a foreign bank, on which money can be received within a limited time, he can apply to a Russian bank to carry out the above operation. A Russian financial institution will require the client to present a passport and fill out a number of documents. After that, the check will be taken and sent by interbank mail to the issuing bank. If everything is in order with the financial document, the foreign credit organization will transfer the money to the Russian bank, and he, in turn, will transfer them to the original holder of the check.

Also, foreign banks can be sent currency for collection. This operation, in accordance with federal regulation No. 173 (adopted in 2003, December 10), is one of the possible transactions concluded between residents of our country. In particular, OAO Sberbank accepts foreign money for collection in Russia.