Does not give deposits. The Bank does not issue a contribution: can the deposit can return, the right of banks to large contributions. What amount is subject to "freezing"

Urgent deposits into a bank is one of the popular cash storage methods. But there are situations when there is a need for cash and have to contact a financial organization with a statement about early deposit issuance.

However, most often the bank does not give money to do in this case? Where to contact? Can banks return funds?

Early return of the contribution

The banking agreement between the individual and financial institution is governed by law, and the Bank's client in this case is the consumer of the relevant services.

This means that his rights are protected not only by the contract, but also the Civil Code, and the Law "On Consumer Protection" and the requirements for the early termination of the Deposit Agreement is quite legitimate in most cases.

In order to find out the terms of termination of the contract, and possible losses, it is necessary before signing the contract, to pay attention to the relevant items in the Agreement itself. And also ask the Bank's employee to provide and explain the procedure for servicing customers, rules and tariffs.

In the contribution contract, as a rule, this information is not contained, but necessarily there is a reference to it.It should be remembered that the violation of the current legislation is:

• the condition of the contract is prohibiting the early termination of its individual;
• terms of contract that reduce the amount of investments;
• conditions providing penalties for the Bank's client during early termination.

When signing a contract with solid banking institutions, the conditions for its reputation and not experiencing financial problems, the termination conditions are discharged quite in detail and the return problems does not occur. Even with the maintenance of panic situations when banks refuse to give deposits, referring to the right of the bank not to issue large contributions to the situation-specific situations.

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

Basics for temporary refusal

According to the current legislation of legitimate reasons for refusing to issue funds during the termination of the contract of the deposit. Only a time delay in transaction or payment in cash is possible and it is associated with arrest to order an account, confirmed by authorized law enforcement agencies, as well as with the requirements of FZ NO115, which provides for a delay in issuing funds in connection with the verification of their purity in compliance with the law.

But the fact of conducting the inspection must be supported by the facts of its holding, as well as the deadlines. We write about writing and in advance customers of the bank.

IMPORTANT! All the causes caused by the lack of money, the decision makers are illegal.

What to do

To terminate the deposit agreement, you must contact the bank in writing. The application must be registered in the Bank's Office, with a mandatory mark on copies of the application for the date of appeal.

If the application is sent by posting with a notice of a presentation, then the acceptance period will be about the presentation. It is from this date that the use of your investments on the basis of the contract and determined by the legislation for issuing funds.

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

The deadline for the return of the contribution established by the legislation is 7 days later. In the case of the legality of the requirements, it is the date of application of the application will be considered a settlement period.

In the event that the response to the application does not comply with the requirements of the Law or the banking organization, in general, it is not necessary to answer the application to a certain regulatory acts, you should contact a bank with a claim. The claims indicate:

1. details of the Organization Where the claim is submitted, as a rule, this is the branch of the bank in which the client is served;
2. details of the hand side, that is, full data on the client;
3. the rationale for the claim, which is to establish the fact of legal relations (reference to the Agreement), fixing the legal requirement for termination of contractual relations (the availability of a statement) and the availability of a violation of the consumer rights of banking services under legislation.

Also in the claim necessarily provides information on the preferred actions of the organization to avoid negative consequences for its reputation. That is, the claim is determined by the term and method of payment of the contribution, as well as information on the fact that controversial relationships, in the event of their continuation, will be resolved in court, with the obligatory notification of the controlling the activities of the Bank bodies, including the Central Bank.

ATTENTION! The term of response to the claim provided for by law is 10 days from the date of receipt. Bank is obliged to respond to written appeal.

As a rule, reference to the fact that the bodies that control the activities of the Bank, as well as the issuing license for certain financial services, will be notified of the presence of a dispute plays a positive role in making a decision by the Bank to return investments.

If after all, the answer to the complaint is negative, you need to notify the central bank about the problem. To do this, contact the central office with a written statement. The sample application can be obtained by contacting the bank separation or through the Internet portal. The application must indicate:

• facts confirming the availability of legal relationships with the Bank, that is, a copy of the deposit agreement;
• details and applied to the application a copy of the documents identifying the applicant;
• copies of requests to the Bank in the form of an application for issuing and complaints.

If the problem with the return was not solved after contacting the central bank, should not be desirable.

Conflict judicial resolution

As a rule, judicial consideration of controversial relations with the cash banking bank is solved in favor of the Bank's client. Financiers are quite difficult to prove the real reasons why they delay pay. And the Bank's Client's right to issue a contribution is quite real.

In order for the judicial instance to make a positive decision, it is necessary to competently compile a statement of claim and support it with relevant documents confirming the existence of the legal claims of the applicant. Such documents are:

1. agreements with the bank on deposit or other deposit;
2. application for termination of contractual relations by the Bank's client, with a certified date on obtaining such circulation by the Bank;
3. bank answer for applications, if available;
4. claim to the bank on violation of the current legislation and the presentation of the procedure for resolving the conflict situation, with a certified date of receipt;
5. bank answer for a claim, if available;
6. appeal to the superior organization with a complaint about violation by the financial organization of legislation requirements.

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

• Opening partIn which the details of all parties of the controversial relationship are recorded, including the judicial instance, where the complaint is served. As well as a summary of the essence of the dispute.
• Descriptive part, contains the facts of the availability of relevant legal relations with the bank. Specified, with reference to the legislation and the contract, legitimate requirements for termination of contractual obligations by the client (the presence of a registered statement).
• Motivated part, It contains a list of rules of law that violated the bank and which entailed the violation of the client's rights. This part of the statement should also include the requirements for reimbursement of illegally held funds, use of money, penalties and moral damage. As a rule, they are more than paying interest rates.
• Result part, It contains a clear and consistent description of actions that the defendant must make, in order for the client's rights to meet the requirements of the law and have not been violated.

The dispute between Sberbank and Sergey Budnik about receiving cash from the account, which lasted about 3 years, was finally allowed. On January 30, 2018, the Civil Collegium of the Supreme Court of the Russian Federation recognized the correctness of Sberbank, who refused the citizen in the issuance of funds from the invoice due to their dubious origin.

Recall the essence of the dispute. In 2016, Sergei Budnik was transferred to his account in the amount of 56 million rubles, and after a day he tried to remove cash at the checkout. But the bank did not issue a contribution, but the documents confirming the origin of the money. Having studied them, Sberbank refused to issue a deposit, and then the Budnik opened several term deposits, transferred the money there, but when attempting to cash out, he again received a refusal.

The courts of all instances, and including the Supreme Court of the Russian Federation, supported Sberbank. The judges noted that a citizen failed to provide evidence that the cash on deposits were not acquired illegally. In addition, the courts noted that the Budnik did not lose the opportunity to control the money - he could translate them to the account into other banks, but did not.

According to many experts, this decision creates a dangerous precedent in order to banks not to issue money on the contribution in almost any controversial situation. In this case, this problem may affect both an individual who has discovered the contribution or account in a banking institution and a legal entity having a deposit or a bank account. On what basis can banks do not issue deposits, as well as introduce restrictions on disposal of funds in the account?

For response to this question, we turn to Article 6 of the Federal Law No. 115. It says that the following operations fall under mandatory control, the amount of which is equal to or exceeds 600 thousand rubles:

1. Cash operations:

• removing or enrollment at the expense of a legal entity in cases, if this is not due to the nature of its economic activities;
• purchase or sale of cash foreign currency in an individual;
• acquiring securities to the individual for cash;
• obtaining the physical person of cash on a check of a bearer issued by non-resident;
• exchange of banknotes of one dignity on banknotes of another dignity;
• making a cash in the authorized capital of the organization.

• the opening of the contribution in favor of another person and accommodation in it of cash;
• placement of funds in a contribution to the execution of presenter documents;
• transfer of money into the contribution, open in another country, on an anonymous owner;
• receiving money from abroad from the account (contribution) from an anonymous person;
• enrollment or write-off of funds, if a legal entity exists no more than 3 months or if the operations on the account (contribution) were not made since its opening;

Other operations listed in the law (real estate transactions in the amount equal or higher than 3 million rubles are subject to compulsory control (real estate transactions, operations for state defense order, operations of persons involved in extremist activities and terrorism, etc.)

In Article 7 of the Federal Law No. 115, it was said that the Bank may refuse to the Client (citizen or organization) in fulfilling the order to conduct an operation (with the exception of a money enrollment operation), in particular the Bank has the right to refuse cash from account or contribution, If the client does not provide the documents required to record information in accordance with the order specified in this article of the law, as well as when employees have suspicions that the operation is committed in order to legalize (laundering) income received by criminal, or financing terrorism . Also, the law provides for the procedure for suspension of operations or contribution regarding persons included in the list of involved in extremist activities or terrorism. Simultaneously with the suspension of operations or refusal to conduct an operation on a score or contribution, the Bank sends relevant information to Rosfinmonitoring.

It is on the basis of these provisions of Art. 7 of the law "On countering legalization (laundering) of income received by criminal, and financing of terrorism" Banks and refuse to issue cash from the accounts and deposits of citizens and organizations.

In addition, in recent years, banks, primarily by subdivisions and branches of Sberbank of Russia, are increasingly blocking cops of citizens on accounts opened for servicing plastic cards (both debit and credit). In this case, as a legal justification, bank employees referred to in addition to the Law No. 115-FZ in the instructions of the Central Bank of the Russian Federation of August 30, 2014 No. 153-and, the provisions of the Tax Code of the Russian Federation on the obligation to notify the tax authorities on open accounts used in the implementation of entrepreneurial activities, As well as on the conditions for the production and maintenance of plastic cards, approved by the Bank and reflected in the contracts for opening an account by almost all banking institutions, according to which the use of maps in the field of entrepreneurial activity is prohibited.

Unfortunately, in such cases, the principle of the presumption of law of the card holder practically does not work: in all cases, when the employees of banks arise suspicion of using a card for commercial purposes, primarily requests information from the person who has listed money on the card; If it is stated that the money is listed in the account of payment services, for the goods sold, etc., transactions for removing money from the card are suspended. Therefore, when using a map in commercial calculations, avoid specifying the purpose of payment, and when the bank's employee calls to the person who has listed money, keep in mind that from providing any information, especially by phone, should be refrained.

Banks allowed not to issue money from deposits?

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

What banks are requested most often?

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

Sometimes banks send a written request to their client demanding the necessary documents before the client is going to make any operations. The list of papers is installed by each bank independently.

How to prevent "blocking" of the contribution

The main harness of Law No. 115 is that clear criteria for assigning a particular operation to doubtful, as well as determining the suspicion of suspicion to restrict operations, there are no closed list of documents confirming the origin of money. This makes it possible for abuse from credit institutions: banks may not issue money from the account or contribution in fact for any reason. At the time when the firm will deal with the urgent search of documents, the bank will use the depositor's money, and without interest accrual.

What needs to be done to the company so that the bank gives the money on the contribution?

1. If you want to make money on deposit, provide evidence of their legitimate origin immediately.
2. Collaborate only with proven counterparties with a good reputation.
3. Keep all contracts, gear stations, acts of work performed, payment orders, even if you do not cooperate with a firm for a long time.
4. Check out the Internal Financial Control Rules that can be found on the site of almost any bank.
5. If the bank doubts the legal origin of money, provide him with all the documents he requests.

But even if the collected documents were not enough, and the bank did not issue a contribution - an experienced specialist will not only prove that the funds of your company are acquired by a legal way, but also. Remember that a suspicion of the legalization of money obtained by criminal means can not only undermine the stable work of your company, but also to appear the starting point for criminal prosecution under Art. 174 of the Criminal Code.

A recent shocking story about how the Depositor of the Moscow Sberbank refused to issue a multi-million dollar deposit, received a rather wide resonance in the Russian press. After examining in detail the problem from all sides, including many similar stories from banking clients who were repeatedly described in RuNet, as well as explanations of the Bank of Russia specialists, the Association of Russian Banks (ARB), the Federal Financial Monitoring Service, the Interpretation of Laws by famous Moscow lawyers, our portal It offers to familiarize yourself with the conclusions following the analysis of this enough diverse material.

Is it possible to believe that they write on the Internet?

An active splash of emotions is marked on different information resources at about the same time. Moreover, all the latest stories on the topic of violation of the rights of depositors freely dispose of their means are very similar to each other. For example, the fact that they are combined by the same bank. It can be noted that a very picturesque story of one offended depositor, originally placed on its page on the social network, was then repeatedly retold and supplemented with new expressive details of other people. However, Specialists of ARB and CB, working with real complaints of citizens entering their address, argue that they do not observe mass incidents unfavorable for bank account holders. Financiers propose to think about - how much can you believe all the online stories from strangers? Will this be an impartial presentation of all the details of the conflict?

In addition, the current exacerbation occurred against the background of a difficult situation for the domestic economy - in fact, during the period of decay the pace, the banks involve new funds in their funds. It is possible therefore a summary made by depositors from the described event, more like (according to the classification of experts from ADB) on "Panic conjectures", which are so easy to intimidate the Russian alignment, especially in crisis times. That is, the bankers themselves deny the conclusions of some citizens that the branches of credit institutions (especially the state banks who fell under Western sanctions) intentionally do not produce large sums of money, in every possible way pulling the moment when they still have to satisfy the legal desire to take personal money from the bank.

Anti-Study Law

But what then the true cause of the problems of depositors, whose rights are infringed with such a tough way? After all, similar negative reviews and earlier met in life, and on the Internet. Here, as they say, "the devil is hiding in the details." Carefully examining the complaints of citizens, it can be said that each of them has its own story. However, all of them unites the request of the Bank of additional documents with reference to Law No. 115-FZ "On counteracting the legalization of income prisons surrounded by criminal means ...". Over the strict execution of this standard by financial organizations (not only by banks), the Rosfinmonitoring and his agent is the Bank of Russia. By the way, one of the reasons for cancellation of the Central Bank of Banking Licenses is the long-term execution of the FININStitis of the anthemlegalization law. Therefore, banks are so afraid of charges in their own involvement in the doubtful activities of their customers.

Moreover, most banking capital owners receiving oral and written requests from the bank, of course, are not criminals or corrupt officials who have illegal income. The bank understands well that only court can make an unequivocal conclusion about guilt. To refute its suspicion of a high risk from the client, the Finorganization for a start studying some of its operations, including through the documents provided by the consumer himself. Documents must confirm the availability of economic meaning in the client's activities. If we talk about what the economic meaning of the activities of the private investor is, it is extremely transparent to those who have nothing to hide - accommodation in the accounts of funds for their savings or accumulation. Money can be obtained as a salary or other legal income of an individual, such as dividends from entrepreneurial activities, rent payments from personal property, selling large movable and real estate, transfer the deposit amount from one bank to another, etc.

Specified sources of income simply sufficiently confirm documented, such as the purchase and sale contract, the reference of the 2ndFL, 3DFL, other treaties and references. Of course, the client may refuse the bank in providing its confidential documents, because the standard of 115-FZ does not oblige to citizens, and the responsibility for non-fulfillment of this law is only on financial organizations. But in practice it turns out that in the interests of users' accounts - to compromise and satisfy the curiosity of banks, if it is caused by the execution of the anti-bearing law.

It is possible to recall examples of banking abroad, where in the fight against criminal incomes, the law-ability of the depositors is still tougher. Those who are known that sometimes there is asking the incredible number of the most unthinkable documents, collecting a whole evidence base. True, a peculiarity of Western practice is a more thorough check of a potential client "at the entrance", and not at the time of the output of money from the account. However, the official request for a confirmed source of legal income - combines Russian, and foreign reality.

Contradictions in legislation

As for the example above, the example of the Moscow Depositor, then, from its words, the bank asked some other documents confirming the further spending of funds, which she tried to remove cash. In this case, the amount was calculated six zeros. By the way, it is quite possible that the case ended with the fact that the money owned by the Muscovite was translated by non-cash back to the account from which they received earlier from another credit organization. In any case, in such situations, the bank does not leave for a long time "dubious" money, trying to make rid of their problem owners forever.

Let's try to figure out. Some explanations we found in an interview with representatives of the Bank of Russia and Rosfinmonitoring.

Law 115-FZ gives credit organizations the right to request any confirmation documents from customers if there were doubts about the economic sense in the account of the account holder. The purpose of the question may be the source of income, and the targeting of the further use of money. The amount of doubtful operations is not negotiated by law. And the lower limit of 600,000 rubles. It concerns only compulsory controls, which is not the same as control of suspicious actions. But it is regular operations (i.e. not one-time parishes and account costs), the total amount of which will be considered large, under certain circumstances can already be called suspicious. Some of these circumstances: unknown for the bank source of income, incomprehensible for the bank the meaning of the client's activities, its ultimate goal, the point of contact with other persons seen in questionable transactions.

From the middle of last year in the Federal Law No. 115, the amendments were made, according to which the Bank is already on legal basis (and not just has the right) to refuse to the Client in the implementation of operations or to close his account on its initiative, or refuse to open a new account, but if available "Iron" evidence of their rightness. However, to reject the requirement of an individual to issue its contribution immediately, is still illegal under any circumstances. The civil code and other standards directly read about it.

Among other unpleasant consequences, which credit organizations enjoy the most dubious consumers - the compilation of informal "black" lists. Once in such a list, the face (and physical, and legal) will be in every way to prevent in the continuation of any relationship with the bank. Moreover, if now "stop-sheets" are underway inside each bank, the Rosfinmonitoring recently prepared a bill, in the event of which banks will be given "green light" to exchange lists of each other already openly and legitimate.

Another confirmation of legal grounds to request additional documents from the investor is the conditions of interaction with the consumer identified by the rules for using an account / deposit (as an application that is inseparable from the contract) in any modern bank. Conditions, by the way, under which the client puts its signature, agreeing with their execution. For example, in the rules of banking services of individuals from Sberbank of Russia there are such items:

• "The Bank has the right to fully or partially suspend the operations on account, as well as refuse to perform operations, with the exception of cash enrollment operations ... including if the Bank has suspicions that the operation is committed in order to legalize (laundering) income received by criminal paths. .
• "The Bank undertakes ... Return on the first request of the client-contributed funds to the contribution together with interest accrued in accordance with the terms of the Deposit Agreement."

But on the other hand, the judicial practice of challenging the actions of banks, in cases where credit organizations refer to the execution of them 115-ФЗ, leaves for citizens priority. The Bank's arguments are often recognized unreasonable, according to Article 845 of the Civil Code of the Russian Federation. The final court conclusion may contain the following formulation: "The bank is not entitled to determine and control the use of customer's funds and establish other not provided for by law or a bank account restriction of its right to dispose of cash at its discretion." True, it is necessary to understand that every case of consideration of the case in court is purely individual, the evidence base and details of the dispute can be different, as well as the conclusion of the judge.

Step-by-step instruction

In case of trouble with the bank, we advise you to listen to the following recommendations. So what to do if the bank does not contribute:

• First, if the bank makes requests for supporting documents even during the account of the account / deposit agreement, then in your interests to fulfill such requests, especially if your sources of income are transparent, and subsequent revenues with money are not dubious;
• Secondly, despite the depositor's right registered in the GC, to take their money on the first request, at the checkout at the time of your arrival it simply may not be the right amount. Therefore, when obtaining a very large contribution calculated by millions, it is recommended to prevent the bank about its intentions at least during the day, having previously learned whether additional documents will not be required;
• Thirdly, if your goal is to get the contribution immediately, then a competent written claim on the day of refusal, as well as oral negotiations with bank management, can quickly dispense overhead controllers. By the way, the bank will never confirm its refusal to paper;
• Fourth, in the event of a refusal (even unlawful), to give the contribution of cash, make a bank, for example, to accept your payment order for non-cash translating funds to another bank. By the way, if you need money to buy expensive property (car, apartment), then your seller-recipient funds may well agree to accept the non-cash transfer to its details.

More information about how to effectively deal with the injustice of bankers and what other rights of depositors are most often violated by credit institutions - read in our heading "Tips to Depositors."

Oksana Lukyan, expert contributesbank.ru

Sberbank is a requested financial organization in our country. It offers favorable conditions for cooperation in various directions. The presence of branches and ATMs throughout Russia proves the fact that every second resident prefers this particular bank. All these obvious advantages overshadows the fact that Sberbank has recently has the right to legitimate grounds without issuing cash to the customer. Such an innovation caused a lot of discontent and indignation by citizens who are served in this financial organization.

Such cases where Sberbank does not give the client money on the deposit began to meet since 2015. Restriction on cash withdrawal and their translation concerns only transactions of large amounts of money, ordinary payments and including a salary for these actions of the Bank do not fall. The receipt of funds to the account that exceed the established limit, Sberbank can also suspend the possibility of performing any operations.

The procedure for refusing to issue cash to the Sberbank Customer began in 2015. This case was widely published thanks to the history of a Russian citizen who was served in Sberbank. He translated 56,000,000.00 rubles from a personal account of one bank to another in Sberbank. Then he expressed a desire to remove this amount. In the financial institution, the client was denied this, due to suspicion of obtaining these amounts not a legal way. Bank specialists asked the visitor to submit documents confirming the legality of money. But he refused, and instead decided to divide the funds and put in a few not long-term deposits, as well as in Sberbank.

After completing the established deadlines for deposits, the client risked repeating attempted, but Sberbank again refused to issue cash. After that, a citizen decided to apply for Sberbank to prevent him from making cash from his account. The claim was also a requirement for Sberbank to pay amounts percentage, and provided material compensation. The court rose to Sberbank, who refused to issue money without providing the necessary documents.

Sberbank at the legislative level, relying on legal norms, reserves the right to choose ways to issue its money to the client: in cash or non-cash funds. The Supreme Court of Russia in this decision also supported Sberbank.

If there are such situations, you can transfer your funds to another bank and remove it through their separation. But interest for the translation of such large amounts is at least 5 percent. Commission fees are one of the main sources of receiving income in many banking organizations.

Another ways to circumvent this restriction, this is the termination of cooperation with the credit institution and the termination of the agreement with it. The bank will be obliged to close all accounts and issue funds in cash or by non-cash. Sberbank will no longer be able to influence the decisions how to receive these finances, as a citizen will no longer be their client. But this option is also risky, since the client can be listed in the black list of the banking system. This will mean that he will be closed access to all banking services.

To avoid possible difficulties in the future, you should know the main reasons why the bank can refuse to issue cash. This will continue to avoid many difficulties.

The reasons for which the bank may refuse to issue money

Recently, the Russian law approved the law, which gives the authority to banks for the requirement of documents for documents confirming the legality of the origin of money. This was done to combat various types of fraudulent operations, in the process of which the transfer of funds from one account to another.

The bank may also refuse cash for the following reasons:

1. The size of the requested amount by the client exceeds the limit set by the Sberbank bank card.
2. Request for a large amount of money. Bank without receiving confirming documents on the legality of money, has the right to freeze the account or refuse to issue.

Blocking the client account for various reasons:

1. The account arrest by employees of the federal service of bailiffs.
2. If the client is suspected of fraudulent or other illegal operations.
3. Incorrect provision of information.

What to do with the failure of Sberbank in the issuance of cash

In the event of difficulties, it is necessary to carefully analyze the situation, and then develop a sequence of activities and stick to them. The action plan should be as follows:

1. Clarification of the reasons, on the basis of which the Bank refuses the service. If the refusal occurs because of the arrest of the account, then it will be necessary to deal with the bailies themselves.
2. After the exception of the arrest appeal to the heads of Sberbank, and drawing up an application for blocking the account and the inability to obtain cash.
3. After finding out the reasons, the head will answer. If the reason is to exceed the set limit, it will be necessary to specify a simply smaller amount for obtaining. And so get the whole amount in several approaches. In case of suspicion of fraudulent operations, the Bank will require documentary confirmation of their legality.
4. After all clarifications, Sberbank can independently decide on unlocking accounts, and open access to cash. Either the financial organization addresses the decision to the highest instance, that is, to court.
5. If these actions do not give results, the client must contact the prosecutor's office with a statement about illegal account blocking.
6. With a positive outcome of the case, after the prosecutor's check, the Bank will oblige to unlock the account and issue the requested funds.

Important. If the cash is obtained by a legitimate way, and there are no other concomitant circumstances, the client will be able to make cash and cash and cashless operations.

It is only necessary to confirm the foundation of the cash. Such documents may be a sales contract, 2-NDFL certificates.

Features of appeal to court

If all the difficulties arise and without trials can not do, then the Sberbank client must file a lawsuit. When contacting the court, the required list of documents is provided:

1. The statement of claim, with the indication of its requirements and the description of what results wants to get after the completion of the proceedings.
2. Copy of the Passport Plaintiff.
3. A copy of the contract for opening an account in Sberbank and other related customer account information.
4. Documents confirming the belonging of blocked cash by the Customer to the plaintiff, i.e. Client Sberbank. In rare cases, testimony also may also be proof in this matter.
5. Extract from the bank account of Sberbank. It should indicate the amounts and dates of the arrival operations.

When contacting the judicial authority, experts can request additional documents, depending on the circumstances of the intended case. After the adoption of the application and registration of the document, the date of the court session is appointed.

On the day of hearing, the client will have to prove the illegality of the Sberbank's decision to refuse to issue money to it. The plaintiff as an evidence database can use any sources of information that will be obtained legally and without offenses. Financial organization, i.e. The defendant has the right to defend themselves by any means that do not contradict the legislation of the Russian Federation.

After considering the evidence of both parties, the court decides in favor of one of the parties. According to the results of the hearing, the plaintiff and the defendant receive a decree. If a decision is made in favor of the plaintiff, the unlocking account must be implemented precisely on the basis of this court decision. For the implementation of the necessary activities, the court establishes a specific period of time.

Important. But it must be remembered that all the above written will be relevant only after the sentence is taken into force. Each such case is individual and should be considered by a court with special care.

Sberbank on legitimate grounds can block the account of the client if the funds will reach more than 1500,000.00 rubles at its account. It will not depend on sources of fees or other circumstances.

If the client requests more than 600,000.00 rubles from the bank, then in this case the financial organization has the right to refuse this.

To avoid unforeseen situations related to the withdrawal and translation of large funds, before making operations it should be consulted. Consultation can be obtained directly in the branches of Sberbank, or in other special companies providing legal and consulting services.

The Supreme Court created a precedent - decided that the bank could not return to the depositor of his money in cash in suspected of legalization of funds. This is the first decision of this kind, which means that banks should be more attentive to their financial behavior.

One of the main provisions on deposits in banks was questioned. After the decision of the Supreme Court of Russia dated January 30, 2018, banks are not obliged to return contributions to citizens. The Sberbank Customer turned on the return of funds after the expiration of the deposit period, but the bank refused him, because he suspected him in the legalization of income. The investor appealed to the court and lost: the dispute was allowed in favor of Sberbank, the refusal to issue funds is recognized as legitimate.

This court decision is a precedent. Of course, in our country is not a precedent system of law, and the verdict of the Supreme Court is not an unconditional basis for the adoption of similar solutions by all courts throughout the country in similar situations. However, the Supreme Court makes a general explanation of legislation and law enforcement practice, so its decision is a significant argument in litigation. This will allow banks throughout the country to build their position regarding the money of depositors, taking into account this loud trial.

So already in the near future, the decision of the Sun of January 30, 2018 should pass the testing on law enforcement practice. After that, it becomes clear what depositors in Russian banks faced with.

The case with the Sberbank client should be disassembled more. The depositor requested the bank to return cash in cash. Money entered the depositor from his account in another bank. Sberbank requested the basis of the basis of the acquisition of these funds and refused to contribute to cash issuance. After that, the depositor transferred money to the urgent contribution to Sberbank and after the term of the deposit again appealed to the bank demanding to give him money. Nevertheless, the credit organization reastended to the depositor in the issuance of cash in cash.

The basis for refusing the bank considered the results of the analysis of the documents-based documents of the purchase of funds submitted by the Client. They, according to the Bank, could indicate the presence of grounds provided for by the Laundering Law.

However, the Bank does not acquire rights to the depositor's money and is only a subject that funds are presented for a time for the fee. The contributor at any time has the right to withdraw its property from the bank under the conditions established by the Banking Deposit Treaty. So why did the court decision in favor of Sberbank?

Here, the form of execution requirement of the contributor - the bank refused to return his property in cash. He did not deprive the client of the opportunity to dispose of funds in cashless form and translate them to accounts in other banks. The explicit focus of the depositor to receive cash was given to the Sberbank of the grounds for applying the provisions of the laundering law.

This law is valid for more than 15 years and gives banks to the right to take all possible actions to identify signs of money laundering, although it does not contain a list of grounds for refusing to issue valid cash. Separately, it is worth noting that the provisions of the law have blurred wording, which represents the possibilities of a controversial interpretation. Under its requirements, almost any foundations and quarrements to the documents may be suitable.

By the way, the grounds for refusing the bank in the issuance of cash are universal in many jurisdictions and for a long time are applied in practice. For example, in the United States since 1986 there is a law on combating money laundering, which has established norms relating to documentation and reporting for individuals, banks and other financial enterprises. In the absolute majority of developed banking systems, similar standards are already introduced or begin.

Consequences for other depositors

The Supreme Court took over a number of essential signs in the Depositor of Sberbank, which in the future when working with banks will need to be avoided with even greater zeal. So, the investor after receiving the money in a cashless form from another bank immediately decided to cash out. The amount amounted to 56 million rubles, which is much more than 600,000 rubles - with this bar begins substantial control by the Bank and Rosfinmonitoring. The depositor was not limited to cash in cash in cash.

So it is worth refraining from the one-step translation of large cash from cashless in cash.

The bank also has the right to issue money and subsequently request documents confirming the spending of money. In the absence of these documents, the Bank is entitled - even after issuing cash - to contact the Federal Service for Financial Monitoring.

It is worth remembering that the judicial act of the Russian Armed Forces of the Russian Federation is a decision on a specific case and does not entail in an automatic procedure to bounce citizens in returning contributions random to the discretion of banks. A painful precedent was created, once again confirming the state of the state to twist the nuts in the field of monetary traffic and especially cash.

It should be noted that the accepted decision of the Sun creates additional tensions in the banking sector and can become one of the reasons why citizens will prefer even deeper to the shadow and keep their savings under the pillow.

If you refused to issue funds in the bank, first of all, it is necessary to understand the grounds for such a refusal. Next, you have a choice: fulfill the requirements or appeal these actions. You must complain to the Bank itself, with which you have a contract, by putting a claim to the bank, you can also write an additional complaint to the Central Bank.

You need to know the procedure and terms of consideration of your claim, they are spelled out in a contract with the bank. Recently, a claim procedure is required before turning to court. In case of dissatisfaction with the Bank of the requirements set forth in the claim, you always have the right to apply to the court.