The bank did not issue documents for the deposit. The bank does not lend money. What to do if Sberbank does not issue money

The bank stopped lending money to depositors. The reasons may be different, but for the depositors themselves, the main question is: how to return the money? Ilshat Yangirov, head of the Main Department of the Bank of Russia for the Central Federal District, answered the questions of RG.

What should a depositor do if the bank refuses to issue money on deposits?

Ilshat Yangirov: If the operating bank refuses to issue money, the depositor has the right to apply to a court of general jurisdiction, at the same time filing a petition for seizure of the bank's property in the amount of the deposit amount. In addition, for the late return of the deposit, the court may hold the bank liable: accrue interest on the use of other people's money, which the bank will also have to pay to the depositor.

1 million people applied last year for a refund of their lost deposit

The key point is whether the bank is a member of the deposit insurance system. If yes, then you need to apply to the Deposit Insurance Agency (DIA) with a claim for reimbursement of the deposit. The reason for this is one of two insured events provided for by law: either the Bank of Russia revoked a license to carry out banking operations, or introduced a moratorium on the bank to satisfy creditors' claims.

In both cases, within two weeks, the DIA publishes in the press, on the bank's website, and also posts a message on the premises of the bank itself, where to contact depositors to obtain insurance. In addition, the DIA is obliged to inform each depositor of this by an individual letter. The letter is sent by Russian Post to the address specified in the client's agreement with the bank. At the same time, the message can be sent by e-mail or SMS, if the contract provides for such methods of communication. Therefore, it is very important that the client notifies his bank in time about the change of address, phone number, e-mail address and other details.

How can bank depositors find out that a temporary administration has been appointed in the bank?

Ilshat Yangirov: The order of the Bank of Russia on the appointment of a provisional administration is published in the Bulletin of the Bank of Russia within 10 days from the date of its publication.

The provisional administration places in Rossiyskaya Gazeta and the Bulletin of the Bank of Russia a message with details, the address of the bank and information about the provisional administration. This information is also posted on the Internet on the website of the Bank of Russia (www.cbr.ru) in the "Press Releases" section.

When submitting claims to the debtor bank, it is necessary not only to indicate the amount of the deposit along with interest, but also to attach original documents or their certified copies confirming the validity of the claims.

If the provisional administration recognizes the depositors' claims as justified, it enters them into the register of creditors' claims within 30 days. Within the same period, the depositor is notified of inclusion in the register or refusal, if the claim is not recognized. There are times when a claim is not fully recognized. Then only the recognized part of it is included in the register.

Where and when can I get my contribution?

Ilshat Yangirov: Depositors of banks participating in the deposit insurance system are handled by the DIA.

The register of depositors' claims is formed in the bank within seven days after the license is revoked and sent to the DIA. Then, within seven days from the date of receipt of the register, the DIA publishes in the Bulletin of the Bank of Russia and the media information on where you can apply for a refund, what is the procedure for accepting such applications. The DIA also informs each contributor about this by an individual letter. As a rule, applications are accepted by agent banks acting on behalf of the DIA.

Payments to depositors must begin no later than 14 days after the revocation of the license or the introduction of a moratorium. The investor can apply for the payment of money during the entire period of bankruptcy proceedings (usually it lasts about one and a half years). And if the Bank of Russia introduces a moratorium on satisfaction of creditors' claims - until the expiration date of the moratorium.

What should I do if a depositor has missed the deadline for filing a claim for reimbursement of deposits?

Ilshat Yangirov: He can be included in the register of creditors by the decision of the board of the DIA. According to the Law "On insurance of deposits of individuals in banks of the Russian Federation", valid reasons in such a situation are the depositor's illness, confirmed by medical documents, conscription service in the army or stay in military units, as well as emergencies and other force majeure circumstances.

How is insurance compensation received?

Ilshat Yangirov: The procedure is as simple as possible. It is only necessary to fill out an application in a special form, as well as take an identity document with which a bank deposit (account) was opened.

If for some reason the depositor cannot come to the office of the agent bank in person, the application can be sent by mail. Payments can also be received by postal order.

The depositor is paid compensation: today - no more than 1.4 million rubles, including interest. If the depositor has several deposits in one bank, the amount of which exceeds 1.4 million rubles, he will also receive no more than this amount. But if deposits are in several banks and their licenses are revoked, then the amount of insurance compensation for each bank is calculated separately. Therefore, it is advantageous to divide large amounts and place them in several banks.

If the deposit is more than 1.4 million rubles, is some of the money lost?

Ilshat Yangirov: The depositor can expect to return the entire amount of the deposit if the bank with the revoked license has enough funds to satisfy the requirements of creditors (ie, if the bank is being liquidated not due to bankruptcy). Then he will receive the missing part (after DIA payments) upon liquidation of the bank. I remind you that depositors are creditors of the first priority. If the bank is bankrupt, then it will not be possible to return everything. In this case, depositors can only count on DIA payments.

It should be remembered that the amount of the depositor's obligations to the bank, if any, is deducted from the amount of insurance payments. For example, if a depositor, in addition to a deposit in the amount of 1.4 million rubles, also has a loan for 1 million rubles in the same bank, then the compensation in the end will be 400 thousand rubles.

If there is both a deposit and a loan

Some people think that if the bank goes bankrupt, they will be very lucky - there will be no one to return the loans taken.

Ilshat Yangirov: The revocation of the license from the bank does not mean at all that the loan can not be paid. The borrower retains the obligation to fulfill its obligations to the bank under the concluded agreement. However, it should be noted that the details for repaying the loan may change.

So, during the period of the temporary administration (that is, after the revocation of the license and before the appointment of a bankruptcy trustee by the court), the details for repaying the debt, as well as other information for borrowers, can be clarified on the bank's website. After the bankruptcy trustee is appointed, the details for repaying the debt may also change. If the DIA is appointed as the bankruptcy trustee, the details are posted on the DIA website in the "Liquidation of banks" section.

If the borrower has a deposit in a bank with a revoked license, then by law the amount of the insurance payment is reduced by the amount of the debt to the bank. For example, a client has a deposit of 350,000 rubles and a loan, the balance of which is 50,000 rubles. In this case, the depositor will be paid 300,000 rubles of insurance compensation. At the same time, he must continue to repay the loan (according to the schedule or ahead of schedule) and will be able to receive the balance of the deposit when he repays the loan.

If the amount of the debt to the bank is greater than the amount of the deposit (loan - 1 million rubles, and the deposit - 400 thousand rubles), then the insurance compensation can be received only after the full repayment of the loan or assignment of rights on this debt. At the same time, the legislation does not allow repaying part of the loan in a bank with a revoked license at the expense of a deposit in the same bank: "Repayment of creditors' claims by offsetting claims in the course of bankruptcy proceedings in the event of bankruptcy of credit organizations is not allowed" (clause 31, article 189.96 of the Law "On insolvency (bankruptcy).

The dispute between Sberbank and Sergey Budnik about receiving cash from the account, which lasted about 3 years, is finally resolved. On January 30, 2018, the civil collegium of the Supreme Court of the Russian Federation recognized the correctness of Sberbank, which refused to issue funds from the account to a citizen due to their dubious origin.

Let us recall the essence of the dispute. In 2016, Sergey Budnik received a transfer to his account in the amount of 56 million rubles, and a day later he tried to withdraw cash from the cashier. But the bank did not issue a deposit, but requested documents confirming the origin of the money. Having studied them, Sberbank refused to issue a deposit, and then Budnik opened several term deposits, transferred money there, but when he tried to cash out, he was again refused.

Courts of all instances, including the Supreme Court of the Russian Federation, supported Sberbank. The judges noted that the citizen failed to provide evidence that the funds on the deposits were not acquired illegally. In addition, the courts noted that Budnik did not lose the ability to control the money - he could transfer them to an account in other banks, but did not.

As many experts note, this decision creates a dangerous precedent for banks not to issue money on a deposit in almost any disputable situation. At the same time, this problem can affect both an individual who has opened a deposit or an account with a banking institution, and a legal entity that has a deposit or account with a bank. On what basis can banks not issue deposits, and also impose restrictions on the disposal of funds in the account?

To answer this question, let's turn to Article 6 of the Federal Law No. 115. It says that the following operations are subject to mandatory control, the amount of which is equal to or exceeds 600 thousand rubles:

1. Operations with cash in cash:

• withdrawal or crediting of cash to the account of a legal entity in cases where this is not due to the nature of its economic activity;
• purchase or sale of cash foreign currency by an individual;
• acquisition by an individual of securities for cash;
• receipt by an individual of funds under a bearer check issued by a non-resident;
• exchange of banknotes of one denomination for banknotes of another denomination;
• contribution by an individual of cash to the authorized capital of the organization.

Operations with deposits:

• opening a deposit in favor of another person and placing cash in it;
• placement of funds in a deposit with the execution of documents to the bearer;
• transferring money to a deposit opened in another country to an anonymous owner;
• receiving money from abroad from an account (deposit) from an anonymous person;
• crediting or debiting funds if the legal entity has existed for no more than 3 months or if no transactions have been made on the account (deposit) since its opening;

Transactions with movable property (placement of valuables in a pawnshop, payment of insurance compensation or receipt of an insurance premium, etc.)

Other operations specified in the law are also subject to mandatory control (transactions with real estate in the amount equal to or exceeding 3 million rubles, operations under the state defense order, operations of persons involved in extremist activities and terrorism, etc.)

Article 7 of Federal Law No. 115 states that a bank may refuse to execute an order for a client (a citizen or an organization) to carry out an operation (with the exception of an operation to credit money to an account), in particular, the bank has the right to refuse to issue funds from an account or deposit, if the client does not provide the documents necessary to record information in accordance with the procedure specified in this article of the law, as well as in the event that employees have suspicions that the operation is carried out in order to legalize (launder) proceeds from crime or finance terrorism . The law also provides for a procedure for suspending operations on an account or deposit in respect of persons included in the list of those involved in extremist activities or terrorism. Simultaneously with the suspension of operations or refusal to conduct an operation on an account or deposit, the bank sends the relevant information to Rosfinmonitoring.

It is on the basis of these provisions of Art. 7 of the Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" banks and currently refuse to issue cash from the accounts and deposits of citizens and organizations.

In addition, in recent years, banks, primarily subdivisions and branches of Sberbank of Russia, are increasingly blocking citizens' funds on accounts opened for servicing plastic cards (both debit and credit). In this case, as a legal justification, bank employees refer, in addition to the aforementioned Law No. 115-FZ, to the Instruction of the Central Bank of the Russian Federation of May 30, 2014 No. 153-I, the provisions of the Tax Code of the Russian Federation on the obligation to notify the tax authorities about open accounts used in business activities, as well as the conditions for issuing and servicing plastic cards, approved by the bank itself and reflected in the agreements on opening an account by almost all banking institutions, according to which the use of cards in the field of entrepreneurial activity is prohibited.

Unfortunately, in such cases, the principle of the presumption of law-abidingness of the cardholder practically does not apply: in all cases when bank employees suspect that the Card is being used for commercial purposes, information is first requested from the person who transferred money to the card; if it is indicated that the money was transferred to pay for the service, for the goods sold, etc., the operations to withdraw money from the card are suspended. Therefore, when using the Card in commercial settlements, you should avoid indicating the purpose of the payment, and when calling a bank employee to the person who transferred the money, keep in mind that you should refrain from providing any information, especially by phone.

Banks were allowed not to issue money from deposits?

Currency control in Russia has become stricter, and this is quite understandable: the state seeks to identify and stop all schemes for the legalization and laundering of criminal proceeds. But this does not mean that banks were allowed not to issue deposits and keep the money for themselves - credit institutions simply ask firms for additional information.

What do banks request most often?

• copies of contracts with counterparties containing information about the profit received;
• acts of work performed, payment orders;
• information about the counterparty who transferred the money to the company;
• statements from the account of another bank where the money was previously kept;
• other documents confirming the source of origin of money in a deposit or account.

Sometimes banks send a written request to their client with a requirement to provide the necessary documents even before the client is going to make any transactions. The list of securities is established by each bank independently.

How to prevent "blocking" of the deposit

The main snag of Law No. 115 is that there are no clear criteria for classifying a particular transaction as suspicious, as well as determining the sufficiency of suspicion to restrict transactions, and there is no closed list of documents confirming the origin of money. This leaves room for abuse by lending institutions: banks may not lend money from an account or deposit for virtually any reason. At a time when the company will be engaged in an urgent search for documents, the bank will use the depositor's money, and without interest.

What do companies need to do in order for the bank to issue money on a deposit?

1. If you want to deposit money, provide evidence of their legal origin immediately.
2. Collaborate only with trusted contractors with a good reputation.
3. Keep all contracts, deeds of transfer, acts of work performed, payment orders, even if you have not cooperated with a particular company for a long time.
4. Familiarize yourself with the rules of internal financial control, which can be found on the website of almost any bank.
5. If the bank doubts the legal origin of the money, provide it with all the documents that it requests.

But even if the collected documents were not enough, and the bank did not issue a deposit, an experienced specialist will not only prove that your company's funds were acquired legally, but also. Remember that the suspicion of money laundering can not only undermine the stable operation of your company, but also be the starting point for criminal prosecution under Art. 174 of the Criminal Code of the Russian Federation.

A bank may stop lending money to depositors for various reasons, but what should people do in this case who have entrusted their funds to a financial institution? Ilshat Yangirov, Head of the Bank of Russia's Main Directorate for the Central Federal District, answered the most important questions on this topic.

What if the bank refuses to pay?

In the event that the operating bank refuses to issue money, the depositor may apply to the court, at the same time filing a petition for the arrest of the property of the financial institution in the amount of the deposit amount. It is likely that it will be possible to sue all invested funds with interest.

If the Central Bank has revoked a license from a bank or imposed a moratorium on satisfying creditor claims, the procedure depends on whether the financial institution is a member of the insurance system. If yes, then you can count on compensation from the Deposit Insurance Agency (DIA).

How can investors find out about the appointment of an interim administration?

The corresponding order of the Central Bank is published in the official publication of the regulator - the Bulletin of the Bank of Russia. In this magazine, as well as in Rossiyskaya Gazeta and on the website of the Central Bank, the provisional administration posts a message with bank details, address and other information.

When contacting the provisional administration, it is not enough to indicate the amount of the deposit and interest, you will have to confirm the validity of the requirements with original documents or their certified copies.

If the provisional administration considers the claims to be justified, it will enter the depositor into the register of creditors' claims within 30 days. Within the same month, he will be notified of inclusion or non-inclusion in the register. In the event that a claim is partially recognized, only the recognized amount is added to the register.

Where and when are deposits issued?

Compensation to depositors of banks that are included in the deposit insurance system is handled by the DIA. The register of claims is formed in the financial institution within 7 days after it loses its license and is transferred to the DIA. The insurance agency publishes information within 7 days, notifying people where to apply for reimbursement. The DIA also informs each contributor about this by an individual letter. Citizens' applications are usually accepted by banks authorized by the agency. Payments begin 14 days after the license is withdrawn from the bank.

With the requirement to return the money, the investor can apply while the bankruptcy proceedings are underway, which takes about a year and a half. If the Central Bank has introduced a moratorium on satisfying the claims of creditors, then there is time until the end of the moratorium. The situation is not hopeless, and when the deadline is up, you just have to prove that the time was lost for a good reason.

What is the procedure for receiving insurance compensation?

After filling out the application form, the money is given to the person for whom the deposit was opened. The upper limit of mandatory compensation is 1.4 million rubles. If a bank in liquidation has several deposits opened by one depositor, he is still unlikely to receive more than this amount. Therefore, wealthy citizens try to place their millions in several financial institutions.

How realistic is it to return the balance of the deposit if more than 1.4 million rubles were placed?

Much depends on the reason for the liquidation of the bank. If it is not bankruptcy and the financial institution has funds to settle with creditors, the balance can be collected after the DIA payments are over. Otherwise, most likely, you will have to be content with the compensation of the insurance agency.

Term deposits in a bank are one of the most popular ways to store money. But there are situations when there is a need for cash and you have to apply to a financial institution with an application for early issuance of a deposit.

However, most often the bank does not give money, what to do in this case? Where to apply? Can banks refund money?

Early return of the deposit

A banking agreement between an individual and a financial institution is regulated by law, and the bank's client in this case is a consumer of the relevant services.

This means that his rights are protected not only by the agreement, but also by the Civil Code, and the law "On the Protection of Consumer Rights" and the requirement for early termination of the deposit agreement is quite legitimate in most cases.

In order to find out the conditions for terminating the contract, and possible losses, it is necessary to pay attention to the relevant clauses in the agreement itself before signing the contract. And also ask a bank employee to provide and explain the procedure for customer service, rules and tariffs.

As a rule, this information is not contained in the deposit agreement, but there is always a link to it. It should be remembered that a violation of the current legislation is:

• a condition of the contract prohibiting its early termination by an individual;
• terms of the contract that reduce the amount of investments;
• conditions providing for penalties for a bank client in case of early termination.

When signing an agreement with reputable banking institutions that value their reputation and do not experience financial problems, the terms of termination are written out in sufficient detail and there are no problems with the return. Even under the condition of panic situations, when banks refuse to give deposits, referring to the right of the bank not to issue large deposits in situations specified by law.

ATTENTION! All that a client can lose is the interest on the deposit, which will be less in case of early termination. Some banks use special interest rates in such a situation, which are reflected in the terms of the contract.

Grounds for temporary refusal

According to the current legislation, there are no legitimate reasons for refusing to issue funds upon termination of the deposit agreement. Only a temporary delay in a transaction or cash payment is possible and it is associated with an arrest for the disposal of an account, confirmed by authorized law enforcement agencies, as well as with the requirements of Federal Law No. 115, which provides for a delay in the issuance of funds in connection with checking their purity in accordance with the law.

But the fact of the inspection must be supported by the facts of its conduct, as well as the timing of the conduct. Clients of the bank shall be notified about this in writing and in advance.

IMPORTANT! All reasons caused by the lack of funds of decision makers are unlawful.

What to do

To terminate the deposit agreement, you must apply in writing to the bank. The application must be registered at a bank branch, with a mandatory mark on the copy of the application on the date of application.

If the application is sent by post with acknowledgment of receipt, then the date of acceptance will be a mark of receipt. It is from this date that the period of use of the bank of your investments on the basis of the agreement and the period specified by law for the issuance of funds are calculated.

Any oral appeals and answers to them are not confirmation of the change or termination of the contract.

The statutory term for the return of the deposit, at the request of the party to the contract, is 7 days. In case of legality of the requirements, the date of filing the application will be considered the settlement period.

In the event that the response to the application does not comply with the requirements of the law, or the banking organization generally considers it unnecessary to respond to applications within the period specified by regulatory legal acts, you should contact the bank with a claim. The claim states:

1. details of the organization where the claim is submitted, as a rule, this is the branch of the bank where the client is served;
2. details of the party of appeal, that is, complete data about the client;
3. substantiation of the claim, which consists in ascertaining the fact of legal relations (link to the contract), fixing the legal requirement to terminate the contractual relationship (presence of an application) and the existence of a violation of the rights of a consumer of banking services in accordance with the law.

Also, the claim must contain information about the preferred actions of the organization in order to avoid negative consequences for its reputation. That is, the claim determines the term and method of paying the deposit, as well as information that the disputed relations, if they continue, will be resolved in court, with the obligatory notification of the authorities controlling the activities of the bank, including the Central Bank.

ATTENTION! The statutory deadline for responding to a claim is 10 days from the date of receipt. The bank is obliged to respond to a written request.

As a rule, a reference to the fact that the authorities controlling the activities of the bank, as well as issuing a license for certain financial services, will be notified of the existence of a dispute plays a positive role in the bank's decision to return investments.

If, nevertheless, the answer to the claim is negative, you need to notify the Central Bank about the problem that has arisen. To do this, you must contact the central office with a written application. A sample application can be obtained by contacting a bank branch or through the Internet portal. The application must indicate:

• facts confirming the existence of legal relationships with the bank, that is, a copy of the deposit agreement;
• details and copies of documents identifying the applicant attached to the application;
• copies of appeals to the bank in the form of an application for issuance and a claim.

If the problem with the return was not resolved after contacting the Central Bank, do not despair.

Judicial conflict resolution

As a rule, judicial consideration of disputed relations with the bank for the issuance of funds is decided in favor of the bank's client. It is quite difficult for financiers to prove the real reasons why they are delaying payment. And the right of a bank client to issue a deposit is quite real to prove.

In order for the court to be able to make a positive decision, it is necessary to competently draw up a statement of claim and support it with relevant documents confirming the existence of the applicant's legal requirements. These documents are:

1. agreements with a bank on a deposit or other type of deposit;
2. an application for termination of the contractual relationship by the client of the bank, with a certified date of receipt of such an application by the bank;
3. the bank's response to applications, if any;
4. a claim to the bank about its violation of the current legislation and a statement of the procedure for resolving a conflict situation, with a certified date of receipt;
5. the bank's response to the claim, if any;
6. appeal to a higher organization with a complaint about a violation by a financial organization of the requirements of the law.

The statement of claim is written in compliance with a certain form, which contains the necessary elements, namely:

• Introductory part, in which the details of all parties to the disputed relations are recorded, including the court where the complaint is filed. As well as a brief summary of the essence of the dispute.
• Descriptive part, contains the facts of the existence of relevant legal relations with the bank. With reference to the legislation and the contract, the legal requirements for the termination of contractual obligations by the client are indicated (presence of a registered application).
• Motivated part, contains a list of legal norms that the bank violated and which entailed a violation of the client's rights. This part of the application should also include claims for compensation for illegally withheld funds, use of funds, penalties and moral damages. As a rule, they will more than recoup losses in interest rates.
• Effective part, contains a clear and consistent description of the actions that the defendant must take in order for the client's rights to comply with the requirements of the law and not be violated.