Whether the Owners Committee can open a bank account

According to the charter of the community owner management committee, work in accordance with the law, you can open a bank account to serve the owners of the community, and do a good job in property charges, housing maintenance, community security management, etc.

Bank accounts are divided into basic deposit accounts, general deposit accounts, temporary deposit accounts, and special accounts according to the types. The basic deposit account is the main deposit account of enterprises and institutions, which mainly handles daily transfer settlement and cash receipt and payment. The opening of a basic deposit account shall be subject to the approval of the local People's Bank of China and the issuance of an account opening permit.

The original license shall be retained by the depository unit, and the copy shall be submitted to the opening bank.

Retained. As it stands, the owners' committee.

It is elected by the general meeting of owners, in accordance with the Property Management Regulations.

Article 16 stipulates that the owners' committee shall, within 30 days from the date of election, file with the district and county people's real estate administrative departments and sub-district offices and township people's offices where the property is located. Therefore, it is not possible to provide the documents required for opening an account, such as a business license required by the bank.

The second paragraph of Article 39 of the Announcement No. 31 of the Standing Committee of the People's Congress stipulates that the competent department of property management shall, within 10 days from the date of receipt of the materials specified in the preceding paragraph, issue a record certificate to the owners' committee that meets the requirements, and issue a certificate of the engraved seal of the owners' committee. The owners' committee shall engrave, use and manage seals and open accounts in accordance with the law. From the above provisions, it can be seen that there is a legal basis for the owners' committee to open an account.

Further information: In addition, according to the "Notice of the People's Bank of China on Issues Concerning the Regulation of the Management of RMB Bank Settlement Accounts" [Yin Fa 2006 No. 71] in the opening of bank settlement accounts:

When opening an account, other organizations shall provide proof presented by their competent department or relevant management department. Other organizations are defined in accordance with the laws and regulations in force.

Stipulate the organizations that can be established, such as owners' committees, villagers' groups, etc. According to the Central Bank.

For other organizations similar to the owners' committee to apply for the opening of a basic household, it is sufficient to have a record certificate from the housing and urban-rural development department or the sub-district office. Therefore, the Owners' Committee.

It is possible to open a bank account.

Legal Analysis: Yes. If an owners' committee is established in accordance with the new measures, it shall be submitted:

Original license of legal person of association. The name seal of the director of the owners' committee (legal representative), the official seal of the legal person and the financial seal. Bank account opening certificate.

The old owners' committee, without independent legal personality, cannot open an account independently, but can open a special fund account through the property, which is managed by the property or hired by an accounting institution.

Legal basis: Article 96 of the Civil Code provides that the legal persons of government organs, rural collective economic organizations, urban and rural cooperative economic organizations, and grass-roots mass autonomous organizations are special legal persons.

Article 97 of the Civil Code: Organs with independent funds and statutory bodies undertaking administrative functions shall, from the date of their establishment, have the qualifications of persons acting as organs and laws, and may engage in civil activities necessary for the performance of their functions.

Legal Analysis: According to the relevant provisions of the Measures for the Administration of RMB Accounts, the Owners' Committee does not meet the requirements for opening a basic bank settlement account. If you really need to manage funds, you can go to a bank (such as CCB) to apply for a joint condominium card, which can basically meet the needs of multiple people to manage one account.

Legal basis: Article 12 of the "Property Management Regulations" The meeting of the owners may be in the form of collective discussion or in the form of written solicitation of opinions; However, there should be owners of the exclusive part of the property management area accounting for more than half of the total area of the building and more than half of the total number of owners.

Owners can entrust ** people to attend the meeting of the owners' meeting.

The general meeting of owners decides on the rock renovation matters specified in subparagraphs (5) and (6) of Article 11 of these Regulations, and shall be agreed by the owners of the exclusive part accounting for more than 2 3 of the total area of the building and accounting for more than 2 3 of the total number of owners; Decisions on other matters provided for in Article 11 of these Regulations shall be made with the consent of the owners of the exclusive part accounting for more than half of the total area of the building and more than half of the total number of owners.

The decision of the general meeting of owners or the owners' committee shall be binding on the owners.

Where a decision made by the general meeting of owners or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it.

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If the owners' committee can open a bank account, according to the regulations of the central bank, for other organizations similar to the owners' committee to apply for opening a basic account, it is sufficient to have the filing certificate of the housing and urban-rural development department or the sub-district office. As a result, the Owners' Committee can open a bank account.

Can an owners' committee open a bank account.

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If the owners' committee can open a bank account, according to the regulations of the central bank, for other organizations similar to the owners' committee, it is sufficient to have a certificate of record guessing from the housing and urban-rural development department or the sub-district office. As a result, the Owners' Committee can open a bank account.

The bank account is the account opened by each unit in the bank for settlement and loan application, and the bank account is the main tool for each unit to handle transfers, settle credits and collect and distribute funds through the bank. It has the role of reflecting and supervising the economic activities of various sectors of the national economy. After obtaining the business license of a legal person issued by the administrative department for industry and commerce, a newly established enterprise or company may choose to apply for opening its own settlement account at a bank near the office location.

The law is divided into two parts: if the owners' committee can provide a certificate issued by the competent authority, it can open an account in a bank.

Legal basis: "Property Management Regulations" Article 16 The owners' committee shall, within 30 days from the date of election, file with the district where the property is located, the county people's real estate administrative departments and sub-district offices, and township people. Therefore, it is not possible to provide the business license and other materials required for account opening required by Yinpei Mountain Bank.

Legal analysis: for opening a bank account of the Owners Committee, the required materials 1, the application for opening an account 2, the resolution of the owners' general meeting 3, the record of the Owners Committee (a copy stamped with the official seal of the Owners Committee) 4, the property service contract (a copy stamped with the official seal of the Owners Committee) 5, and other materials stipulated by laws and regulations.

Legal basis: Article 277 of the Civil Code of the People's Republic of China The owners may set up a general meeting of owners to elect the owners' committee. The specific conditions and procedures for the establishment of the owners' general meeting and the owners' committee shall be in accordance with the provisions of laws and regulations.

The local people's departments and residents' committees shall give guidance and assistance to the establishment of the owners' meeting and the election of the owners' committee.