Cases of blocking accounts of individuals by banks are also multiplying by leaps and bounds. Especially after the introduction in July 2017 of a unified interbank stop list. And all this is within the framework of Law 115 FZ "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism": banks analyze the monetary transactions of their clients and determine whether they are suspicious (based, in particular, on the provision of the Bank of Russia No. 375- P dated March 2, 2012).
blocking bank account individual - this is a complete or partial freezing of funds in the account. An easier case - the bank may impose restrictions on cash withdrawals from the account, leaving the client the opportunity to transfer money or open deposits.
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What information and documents need to be submitted to the Central Bank
The application will be considered within 20 days, after which the applicant will be informed of the result of the consideration. Then, within three working days from the date of the decision, the Central Bank must notify the applicant about it. The method of notification will depend on how the applicant submitted the application - via the Internet or by mail. |
Refused, but you are still sure that the bank's actions are illegal - collect all the documents, including your requests and the bank's responses, contact a lawyer or go to court on your own, defend your rights under the Civil Code Russian Federation.
But remember the position of our highest judicial body mentioned at the beginning, which can be summarized as follows:
The fight against terrorism and money laundering is more important than the desire of a bank client to freely dispose of his funds in a bank account.
Order of blocking or unblocking Money in the amount of securing applications for participation is regulated by Art. 44 federal law No. 44-FZ.
Blocking of funds in the amount of bid security - within 1 hour from the date and time of the deadline for submitting bids for participation in the procurement (part 20 of article 44).
Unblocking order security
The application is withdrawn by the Participant - within 1 business day from the date of receipt of the notice of withdrawal of the specified application (part 21 of article 44);
Denial of admission to the Procurement Participant to participate in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction - within 1 (one) working day following the date of receipt by the Operator of the protocol for consideration of applications / protocol consideration and evaluation of applications (clause 22, article 44);
The participant of the electronic auction did not take part in the auction - within 1 (one) business day from the date of placement on the Electronic site of the protocol of the auction (clause 23, article 44);
An application for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction, is recognized as not complying with the requirements of the procurement documentation - within 1 (one) business day from the date of placement of the protocol on the Electronic Site summing up (part 24 of article 44);
Unblocking the funds of the Participants who were not recognized as the Winners according to the results of the protocol of summing up - within no more than 1 (one) business day from the date of publication of the protocol of summing up (clause 1, part 8, article 44);
Cancellation of the definition of the supplier - within 1 (one) business day from the date of receipt of information about the cancellation of the definition of the supplier (clause 2, part 8, article 44);
Unblocking the funds of the Participant, recognized as the Winner according to the results of the protocol of summing up - within 1 (one) business day from the date of placement in a single information system signed draft contract (clause 1, part 8, article 44).
In accordance with Part 27 of Art. 44 if within one quarter on one electronic site in relation to the second parts of three applications for participation in an open tender in electronic form, a tender with limited participation in electronic form, a two-stage tender in electronic form, an electronic auction filed by one participant in such procurement , the procurement commission has made decisions on the non-compliance of these applications with the requirements, the Operator of the electronic site after 30 (thirty) days from the date of the last of these decisions transfers to the Customer the funds deposited by this Participant as security for the last application to the account specified by the Customer.
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FEDERAL SERVICE FOR FINANCIAL MONITORING
INFORMATION
On the application by credit institutions of measures to freeze (block) funds or other property and suspend operations
In connection with the increasing number of requests regarding the application by credit institutions of measures to:
1. refusal to execute the client's order to complete the operation (clause 11 of Article 7 of Federal Law No. 115-FZ of 07.08.2001 "On Countering the Legalization (Laundering) of Criminally Obtained Incomes and the Financing of Terrorism" (hereinafter - Federal Law No. 115- FZ));
2. refusal to conclude a bank account agreement and termination of a bank account (deposit) agreement (clause 5.2 of Article 7 of Federal Law No. 115-FZ);
3. freezing (blocking) of funds (subparagraph 6 of paragraph 1 of Article 7 of Federal Law No. 115-FZ);
4. suspension of operations (clause 10 of Article 7 of Federal Law No. 115-FZ).
Article 5 of Federal Law N 115-FZ establishes a list of organizations that carry out transactions with cash or other property, which are subject to the requirements of Federal Law N 115-FZ. This list also includes credit institutions.
The rights and obligations of organizations engaged in transactions with cash or other property are enshrined in Article 7 of Federal Law N 115-FZ:
1. Clause 11 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions to refuse to execute a client’s order to complete a transaction if an employee of a credit institution, in the course of implementing the rules internal control there are suspicions that the operation (transaction) is carried out for the purpose of legalization (laundering) of proceeds from crime and financing of terrorism.
2. Clause 5.2 of Article 7 of Federal Law No. 115-FZ provides for the right of credit institutions to:
- refuse to conclude a bank account (deposit) agreement with an individual or legal entity, a foreign structure without education legal entity, in accordance with the internal control rules of a credit institution, if there are suspicions that the purpose of concluding such an agreement is to carry out operations for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;
- terminate the bank account (deposit) agreement with the client if two or more decisions are made during the calendar year to refuse to execute the client's order to complete the operation on the basis of paragraph 11 of Article 7 of Federal Law N 115-FZ.
3. Subparagraph 6 of paragraph 1 of Article 7 of Federal Law N 115-FZ provides for the obligation to apply measures to freeze (block) funds or other property of persons in respect of whom there is information about their involvement in extremist activities or terrorism, as well as persons in relation to which there are sufficient grounds to suspect their involvement in terrorist activities (including the financing of terrorism) in the absence of grounds for inclusion in the List, with the exception of cases established by paragraph 2.4 of Article 6 of Federal Law N 115-FZ.
At the same time, in accordance with paragraph 2.4 of Article 6 of Federal Law N 115-FZ, an individual included in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, in order to ensure their livelihoods, as well as the livelihoods of those living together with his family members who do not have independent sources of income have the right to:
1) carry out transactions with cash or other property aimed at receiving and spending wages in an amount not exceeding 10,000 rubles per calendar month for each specified family member;
2) carry out operations with monetary funds or other property aimed at receiving and spending pensions, scholarships, allowances, other social payments in accordance with the legislation of the Russian Federation, as well as paying taxes, fines, and other obligatory payments for the obligations of an individual;
3) carry out, in the manner prescribed, operations with cash or other property aimed at receiving and spending wages in an amount exceeding the amount specified in subparagraph 1 of this paragraph, as well as making payments on obligations incurred by him before the inclusion of his to the specified list.
4. Clause 10 of Article 7 of Federal Law N 115-FZ establishes the obligation to suspend the operation, with the exception of operations for crediting funds received to the account of an individual or legal entity, for five working days from the date when the client's order to carry out it must be executed , if at least one of the parties is:
a legal entity directly or indirectly owned or controlled by an organization or individual in respect of which measures have been taken to freeze (block) funds or other property in accordance with subparagraph 6 of paragraph 1 of this article, or an individual or legal entity acting from name or at the direction of such organization or person;
an individual carrying out a transaction with cash or other property in accordance with subparagraph 3 of paragraph 2.4 of Article 6 of Federal Law N 115-FZ.
If, within the period for which the transaction was suspended, Rosfinmonitoring's decision to suspend the relevant transaction for an additional period is not received, on the basis of part three, the above organizations carry out a transaction with cash or other property at the request of the client, unless otherwise decided in accordance with the legislation of the Russian Federation limiting the implementation of such an operation.
In accordance with paragraph 3 of Article 8 of Federal Law N 115-FZ, Rosfinmonitoring issues a resolution to suspend operations with cash or other property specified in paragraph 10 of Article 7 of this Federal Law for up to 30 days if the information received by it in in accordance with paragraph 10 of Article 7 of Federal Law N 115-FZ, based on the results of a preliminary check, it was recognized by him as justified.
At the same time, in accordance with paragraph 9 of Article 7 of the Federal Law of 07.08.2001 N 115-FZ, control over the execution by individuals and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, the organization and implementation of internal control is carried out relevant supervisory authorities (in cases established by federal laws, institutions subordinate to state bodies) in accordance with their competence and in the manner established by the legislation of the Russian Federation, as well as by the authorized body in the absence of these oversight bodies or institutions in the field of activity of individual organizations that carry out transactions with cash or other property.
In accordance with Clause 4 of Article 4 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", the Bank of Russia supervises the activities of credit institutions and banking groups.
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Some entrepreneurs face account blocking in their activities. And often it happens on the basis of Federal Law 115. Only not all businessmen know what are the reasons for such an action on the part of the bank.
In this legal act refers to the legalization of funds that were obtained illegally. And if at least once the account of a legal entity was "frozen" on suspicion of such fraud, then it is blacklisted by all banks.
However, there are precautions that can be taken to avoid blocking. We will talk about them today. You will also learn what to do if your account has already suffered an unpleasant fate.
One fine day, a businessman may find that his account is blocked. What to do in this case, is it possible to get your money and how to make settlements with counterparties?
Reasons for freezing an account- These are suspicious transactions that are carried out on your account. For example, a large amount was deposited into the account small payments for a long time or, conversely, you are constantly removing large limits. Banks do not like such transactions and are often grounds for blocking.
According to Federal Law 115, a credit institution has the right to freeze any account if it suspects that you are engaged in money laundering, that is, you are trying to conduct operations that make illegally obtained funds legal.
It follows from the law that . Each of them has a financial monitoring service that closely monitors the transactions on the accounts of all customers. Most often, individual entrepreneurs and small businesses fall under the freezing of the account. It is their activities that involve frequent withdrawals and deposits of cash, which arouses the suspicions of banks.
True, people who can make mistakes also work in credit organizations. And often accounts are blocked for no reason. For example, you are a law-abiding citizen, running a “right” business and in no way connected with criminal blocking. In this case, a claim for illegal blocking of your account by the bank will help.
However, the consequences of freezing even when drawing up such a document will be disappointing. You will have to prove that the transactions on the account are legal. To do this, you will need to provide all the papers confirming this fact. They should reflect all the amounts that passed through your account before blocking. Only after a thorough study of the submitted documents, banks make a decision to unfreeze the client's account.
Let's take a closer look at the reasons for blocking an account. The legislation gives such a right to banks in the presence of the following reasons:
If your account is blocked by the bank, you will know about it in the near future. You will not be able to perform any operations on it. It is impossible to deposit money, withdraw it or send it even to your own card. Only the balance view option will be available in your account. Agree, the prospect is not pleasant.
You can learn about blocking an account from the mouth of a bank employee. To do this, you need to go to the department and draw up an application for reporting the reasons for freezing. The specialist will make a request to the appropriate bank service, and then provide you with a written notice. True, some banks neglect this action and customers are not informed about the reasons.
In any case, all operations are suspended, and you can only wait. The average account blocking period is 1.5 months. At this time, you will not be able to dispose of it. The sooner supporting documents are provided, the more like a bank will review your application for unlocking.
It is better not to delay this, since in this case your business may lose profit, and besides, you will have to look for alternative ways of settling with counterparties and government authorities, in addition to a bank account.
Often the most “sober” decision in such a situation is to close the account. Sometimes banks consider documents for too long, which is detrimental to business, especially if the amount in the account is large. When you terminate the agreement with the bank, you will get access to your own funds.
By following some rules, you can avoid freezing your account. For any banking operation you need to be extremely careful, and our table will help you figure out their intricacies.
| What banks don't like | Tips |
| The company has several accounts, for each of which different operations are carried out (for example, taxes are paid one by one, and settlements with counterparties are made differently) | If possible, use one account for all transactions in your activity or reduce their number to the minimum possible |
| “Mass” legal address (there are offices that register a large number of different companies at one address for a fee) | It is better for a self-respecting company to have an individual legal address, which will be documented |
| Director's age is under 22 or over 60 | Banks trust directors aged 35 to 55 more |
| The founder of the company is also the founder of several other companies | In this case, know that you will always be under suspicion from banks. |
| Purpose of payment is unclear | In any payment, indicate clear details of contracts or other grounds for transferring funds |
| The manager does not get in touch with the bank | If you change your phone number, be sure to inform the bank about it. |
| Tax payable is too low | Find out the average amount of taxes payable by industry load. The one you pay must not be lower |
| The company has only a CEO | It is better to have a small staff of hired workers, official duties who are clearly delegated |
Many businessmen believe that if one account is blocked, it will not be difficult to continue their activities. However, they are wrong. Even when referring to another credit organization You may be denied opening a new account.
As soon as your account is frozen, this information is sent to all banks, and therefore contacting another bank will not correct the situation. This measure is legal, and you have no right to oppose it.
When you block your account, you will need to follow these steps to get access to your money as quickly as possible:
Below is a list of banks with the most favorable conditions in Russia.
OF THE CLIENT AND THE PROCEDURE FOR CHECKING THE PRESENCE AMONG THEIR CLIENTS OF ORGANIZATIONS AND INDIVIDUALS IN RELATION TO WHICH MEASURES TO FREEZE (BLOCK) CASH OR OTHER PROPERTY ARE APPLIED OR SHOULD BE APPLIED(Program for freezing (blocking) funds and other property and conducting an audit)
This program for freezing (blocking) funds and other property provides for:
a) the procedure and frequency of carrying out activities to verify the presence or absence of information about the involvement of their Clients, Client Representatives, Beneficiary and Beneficial Owner in extremist activities or terrorism, received in accordance with paragraph 2 of Art. 6 and paragraph 2 of Art. 7.4 of the Federal Law;
b) the procedure for interaction with persons in respect of which measures to freeze (block) funds and other property should be applied;
c) the procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance;
d) informing about the measures taken by the Authorized body.
The procedure for obtaining information posted on the official website of the Authorized Body in the information and communication network "Internet".
The purpose of the quarterly audit is to control the proper implementation of the requirements of the AML / CFT legislation.
The procedure for applying measures to freeze (block) funds and other property.
The procedure for interaction with persons in respect of which measures to freeze (block) funds and other property should be applied.
The responsible officer informs the Clients about the freezing (blocking) of the Client's funds or other property of the Client in connection with the presence of information about him in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism or decisions of the interdepartmental coordinating body, performing the functions of combating the financing of terrorism, by sending a written notice to the Client, sent within three days from the date of the adoption of the relevant decision by the MCC regarding the Client.
The Responsible Officer of the MCC informs the Authorized Body about the measures taken to freeze (block) the funds or other property of the Client in accordance with the procedure established by the legislation of the Russian Federation, in accordance with Section 12 of these AML/CFT ICRs.
The procedure for paying a monthly humanitarian allowance at the expense of frozen (blocked) funds or other property belonging to the recipient of the allowance:
All measures to freeze (block) funds or other property of the Client, taken by the MCC, by order of the head of the MCC, are canceled if information about such a Client is excluded from the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, or termination of the decision of the interdepartmental coordinating body responsible for countering the financing of terrorism, made earlier in relation to such a Client, to freeze (block) the funds or other property of the Client.
The responsible employee informs the Clients about the termination of the specified measures by sending a written notice to the Client's address, sent within three days from the day the MCC makes the relevant decision regarding the Client.
In the future, the MCC has the right to carry out operations (transactions) with cash or other property at the request of the Client.
This program has been developed taking into account the fact that the MCC, in accordance with the legislation of the Russian Federation, belongs to the category of small enterprises.
