Payment upon fulfilling the conditions
The payment of escrow deposit is made upon fulfilling the conditions fixed in the deposit contract.
With an escrow deposit, the buyer and seller manage the risk that one of them fulfils the conditions, but the other does not. In order to manage risks, the buyer’s money is deposited in the bank, which will pay the amount to the seller according to previously agreed conditions.
Escrow deposits are used for purchase and sales transactions, the object of which is movable or immovable property, claims, securities. This deposit guarantees that if a seller has fulfilled their obligations (e.g. has handed over a thing to the buyer) and certified it, the bank will pay the money from the deposit to the seller.
Tripartite deposit contract
The seller, buyer and the bank conclude a deposit contract, which describes the transaction’s nature, amount, payment conditions, deadlines, etc. As to the deposit, including its payment, the bank proceeds only from the deposit contract.
The deposit contact specifies the time during which the buyer transfers money to the bank and the transferred amount and who pays the bank service charges and to what extent.
The deposit is a term deposit, i.e. the seller must submit to the bank documents proving the fulfilment of the conditions specified in the deposit contract by the agreed date. Then the bank will pay the respective amount to the buyer.
If the documents complying with the deposit contract conditions have not been submitted to the bank by the agreed deadline, the deposit is terminated and the money on the deposit is transferred back to the buyer. The conditions of the deposit contract allow partial payments.
- The client, as a buyer or seller, submits an application for opening an escrow deposit.
- The bank prepares a deposit contract pursuant to the client’s instructions, which is signed by the buyer, the seller and the bank.
- The buyer transfers the amount specified in the deposit contract to the bank.
- After the transaction, the seller submits the documents specified in the deposit contract to the bank. If these documents are in conformity with the deposit contract terms, the bank will make a payment to the seller.