Storage of documents and values in a bank cell: the pros and cons were called by the lawyer of Skliarenko, Sydorenko & Partners

Citizens! Keep your money in a savings bank, if, of course, you have them. This winged expression of a rogue from an old comedy film becomes especially relevant during the holidays, holidays and seasonal holidays. Just then, a rental service safe-deposit box is the most popular.

What should be taken into account from the legal side, if you decide to temporarily hide your valuables and documents in the bank, - the Delo publication found out together with the lawyer of Skliarenko, Sydorenko & Partners attorneys at law Sergey Goncharenko.

The expert noted that there are two main options for the storage of material values, which differ in the amount of the bank's liability:

1) the bank accepts the deposit of a citizen's property, which is placed in an individual safe deposit box;

2) the bank provides a safe where the citizen himself keeps his belongings.

In the first case, an agreement is concluded to provide an individual bank safe guarded by the bank. According to it, the client transfers the values to the representative of the bank on the basis of the act of acceptance and transfer and inventory of property. The bank knows what the client's property is in his individual safe deposit box, and he is responsible for the contents of the safe.

In the second case, the provisions of the Civil Code of Ukraine on property rental (lease) apply to the contract on the provision of an individual bank safe. There is no transfer and acceptance and the responsibility for the contents of the safe lies with the client.

The extent of the bank’s liability in case of theft from the cell also depends on this. In any case, this issue is prescribed in detail by the terms of the contract. Some banks sometimes indicate the maximum amount of damage to be compensated in case of theft of contents from the safe due to the fault of the bank. Although current legislation provides for the possibility of insuring the contents of a safe to minimize risks, in practice this service is not in special demand.

When signing the contract, it is also worth paying special attention to those points that govern the procedure for forcing the safe to be opened without the presence of the client, the procedure for issuing the contents of the safe to heirs, liability for violation of the contract, the procedure and conditions for revealing bank secrets.

Therefore, among the conditions for opening a safe, a bank can be:

- non-fulfillment by the client of the terms of the contract for the use of the safe;

- the need to save the property that is stored in the safe, in the event of circumstances that could lead to its physical loss;

- violation by the client of the terms of the contract, which can lead to significant material damage to the bank, etc.

In addition, the bank will be required to open an individual bank safe, if there is a corresponding court decision.

Although information on the activities and financial condition of the client, which the bank became aware of in the process of servicing the client and relations with him or third parties in the provision of services by the bank, is a bank secret, nevertheless, banks can disclose this secret, including regarding a personal banking lease agreement a safe, if there is, for example, a written request from a tax authority, a public executive agency or a private performer. Such requirements must be confirmed by court order.

It should be borne in mind that in case of death, the bank can inform the relatives of the client about the existence of an individual bank safe deposit agreement, but if such an obligation is provided for by the agreement itself. In practice, the bank finds out about the death of the client from his heirs, who apply for the return of contents on the basis of a certificate of inheritance.