Get the reimbursement on the deposit in a broken bank is usually easy: you are waiting for the ads on the start of payments, come to the appointed bank agent with a passport, fill in place a statement and get insurance in the amount of up to 1.4 million rubles in cash or account. But sometimes the ASV determines the amount incorrectly. To resolve this situation there is a procedure submission of an application for disagreement with the size of insurance compensation. Tell in order.
When should I apply for disagreement?
In any cases, when you think that the ASV incorrectly determined the amount of insurance payments according to your contribution. For example, if you have, and when calculating payments, your recent loan payments are not taken into account. Or the DRA calculated insurance for the wrong course (here is an example of an example of Vizranbank, who first introduced a moratorium to satisfy the obligations, and then withdrawn the license, and the Central Bank officially announced the payment of compensation at the rate at the date of the moratorium - the difference is essential).
note: If the size of your contribution is more than 1.4 million, and the DSP paid you the maximum insurance of 1.4 million rubles, all other claims for the definition of the amount of obligations of the Bank must be addressed, and not a statement of disagreement.
Procedure for submission of an application for disagreement with the size of insurance insurance
1) contact the Bank-agent for receiving the unit of the insurer's insurement.
Some contributors believe that if you pick up this amount, you can not challenge anything. This is not true. Upon receipt of payment, you are issued an extract from the register of obligations of the Bank and the certificate of paid amounts and deposits. That is, the bank simply informs you what residue according to your contribution according to it and confirms how much you paid. No statement that you have no pay claims, you do not sign. And, of course, this is your opportunity quickly and without any vessels to get at least part of your money.
2) Fill out and submit an application for disagreement with the size of insurance for the deposit.
Application is free. The terms of reference are essentially not limited, but it is better to hurry. There are 2 methods of filing the application - to hand this application for painting to the Agent Bank employees for subsequent transmission to the DCA or send it by the registered mail to the QA (one can also be a valuable letter with the investment describing, be sure to keep the postage receipt and inventory with postage stamp). Applying for disagreement in electronic form, unfortunately, is not yet provided.
3) The DEM reports an application for disagreement to the Bank for consideration.
Term - 10 calendar days from the date of receipt. You can track the status of the application on the SIR website. If the bank recognizes your arguments justified, it makes changes to the register of obligations and reports the ARS. After updating the registry, the DSP pays you compensation. If after that, the question did not decide in your favor, you can about establishing the composition and size of the requirements and subject to payments to deposits.
How to fill out an application for disagreement?
- On the title page Specify the full name of the bank, the actual data of the applicant on the passport (FULL NAME, date of birth, passport data, address and contact phone number). If the passport changed, write the data of the new passport here. The applicant may be the contributor himself, the heir, a representative by proxy.
- In the list of additional documents A copy of the passport, a copy of the notarial power of attacking the payment for the payment, a notarized copy of the certificate of inheritance, a notarial copy of the certificate of certificate of powers of the executor of the will, bills to make regular loan payments or to replenish contribution / accounts, which When calculating the amount of compensation, additional explanations of the essence of a situation or a detailed calculation of the amount of compensation (they can be set forth on individual sheets and attach to the statement of disagreement), etc. depending on the situation.
- In the table "The list of bank commitments before the depositor" Specify separately for each contract of deposit / bank account, how much should the bank according to your data. Amounts are specified in the currency obligations, those. If the contribution was currency, in this table, it is not necessary to recalculate it in rubles.
- In the table "List of the account of the depositor to the bank" These debts are indicated before the bank, for example, on a loan agreement. Yet again according to your data and in the currency obligations (if the loan was currency, here it is not necessary to recalculate in rubles).
- In the row amount of compensation It will be necessary on the basis of two tables to consider the final amount that the DSU should in rubles That is, all the data from the tables will need to be translated into rubles at the rate of the Central Bank at the date of the occurrence of the insured event.
- Section Additional Information Fill in case of a passport change (if there are only old data in the bank), appeals to the payment of insurance of the heir, the executor of the will or other person (the competitive manager of the bankrupt depositor, the representative by proxy, etc.).
- when changing the passport - specify the data of the old passport;
- when contacting the heir, the executor of the will - specify the data of the investor-testator;
- when contacting a proxy representative - specify the depositor data.
How to calculate the amount of compensation?
Take the data from our filled sample. Suppose that the QA decided to pay the depositor of Vesselbank Dostoevsky F.M. 715374.29 rubles at the rate on 12/22/2015 - the date of ads of the moratorium. Depositor Dostoevsky F.M. He believes that he must pay insurance at the rate on 01/21/2016 - the date of the license. The question of the correctness of a course for payments to the depositors of Vesselbank in this article will not be discussed, this is a separate big topic.
It rarely, but still it happens, with the help of "gray" schemes, not all deposits or contributions are not displayed on the bank's balance sheet, which is revealed after the license is revealed. In this situation, some clients may not get into the depositors register for deposit insurance agency (DCA) or a smaller amount may be returned. With such a problem at the end of 2015, the depositors of the NST-Bank and the Bank "Maximum" were faced. Compare.ru tells how to act in such cases.
What to do to the depositor if his name is not in the register of obligations of the bank with a revoked license or does it disagree with the amount of compensation?
You can find out how much the bank depositor will receive without a license, you can only two weeks after the response when the ASV starts payments through the agent bank. Then, when applying for insurance compensation, the client will see an extract from the register of obligations indicating the amount of the deposit.
If the amount is less than the contribution, despite the fact that it does not exceed the insured by the state 1.4 million rubles, or even worse than the depositor will not be in the list, then it will be necessary to write a statement about disagreement and attach documents confirming his words.
The application can be sent to the DRT through a bank agent, which makes payments or independently transfer it.
What documents may be evidence of the contribution and its exact amount?
Documents that confirm the validity of the claims of the depositor:
- bank deposit agreement, savings book;
- cash order;
- account statements.
The statement needs to apply the originals of these documents, and not their copies. It is still necessary to capture a passport with you.
If the contributor lost or for some other reason did not save these documents?
"The contribution contract is also in the bank itself - when opening a deposit, the document is signed in two copies. And in the case of loss, the credit organization simply finds its copy and works on its basis on. If the bank is problematic, that is, he has been overdue or withdrawn a license, it is in the stage of rehabilitation, and the treaties were derived, then the problem is unlikely to be solved. In this case, the investor has the only way out of the current situation - to bring a contract, otherwise he remains with anything, "Commented on Compare. The manager of Kirikov Group Daniel Kirikov commented.
It is very important until the inclusion of the contribution to keep a contract and all documents, including checks after the next deposit replenishment. Experts also advise once a few months to request an extract in the bank, certified by seal.
Of course, the client of the Bank with a revoked license, which did not fall into the payment register (or the registry is less than) and also lost the contribution agreement, there is an opportunity to apply to the court.
"He needs to contact the police or the prosecutor's office, write a statement, there must be their composition of the crime - that is, it should be known to know that the bank brought deposits for the balance, then the investigation, and the court is very long. Few, firstly, will do this, but, secondly, and then the likelihood of a positive solution is under a big question, "Daniel Kirikov warns.
How many days of the ASV is considering a statement about disagreement?
On average, the statement of the contributor about disagreement is seen within two or three weeks. During this period, the agency will send a request to the Bank of its temporary administration, analyzes the data of bank accounting, check the documents and will decide on the results - to include the depositor or unrecorded deposit amount into the registry or not.
How to find out about the decision of the DC?
It is possible to obtain data on the status of consideration of the application using the Special on the DIA website. It is enough to fill out a simple form with an indication of the name and passport data. If the decision is already accepted, you can find out about it using another service - in the section by selecting the required bank.
What if the ASV rejected disagreement statement?
The DSA may refuse if the depositor provided an inclusion agreement concluded in non-standard form (for example, the document does not specify the balance sheet number) or if the client has crushed his major contribution before the review of the license, disabling it for several people - to each deposit within the sum insured. It is possible to appeal the decision of the agency only in court.
How can the situation reducing the "crusher" of deposits repentable?
Suppose that a large contributor (at the deposit more than 1.4 million rubles) found out about the problems in his bank in advance - said someone from acquaintances, came across the material on the Internet. He in panic resorts to the office of the credit institution and wants to pick up his money, and the bank employee calms him down: "What are you afraid of? You can simply break the contribution to several parts, each within the insurance compensation, and arrange these parts on your relatives - then each of them will receive insurance in the case of anything, and you will not lose anything! ".
Situations where the depositor does not suit the amount of insurance compensation by the Bank, often happen. In this case it is useful to have an idea how to learn about disagreement in the DC. Since the number of applications that are submitted daily is about 1000, the sentence of the decision is sometimes delayed to 1.5 months. But to answer the question of how much it will not last, because it is not known how much in the future the statements of this kind will be submitted.
If the contributor has complains about the size of the insurance indemnity, it needs to be applied to a certain sample to contact the Deposit Insurance Agency (DC). In addition to the application itself, you need a small package of documents:
- Treaty.
- Came order.
- Account statements.
That is, any document that could confirm the requirements of the depositor.
Note! The application form itself disagreement can be found on the ASV website in the "Blanks" section.
The package of documents should be transferred to the representative of the agent bank who pays funds. Another option is sending through the Russian Post to the Agency's address.
- On the period of 10 days from the date of receipt of documents, the ASV transmits them to the bank.
- An financial institution has another 10 days to make adjustments to the Register of Bank's obligations.
- After that, the Bank itself has 10 days to inform the ART on the results of consideration.
- On the message of the Depositor of the results at the ASV there is another 5 days.
The decision of the bank may be in this form:
- Take the requirements and pay the amount of compensation.
- Refuse to compensate. In this case, the depositor has the right to file a lawsuit.
We learn the status
To learn at what stage of the consideration of the application can be on the SIR website in the section "". In the appropriate lines, you need to enter such data:
- Bank.
- Surname.
- Patronymic - optional props.
- Series and passport number.
- Capcho - it is necessary to confirm that the robot does not work with the system.
- Be sure to mention the Talk of the consent of the processing of personal data via the Internet.
Important! It is worth noting that when sending information through this form by unprotected channels, which can lead to the capture of third parties.
Output
Learn the status of your application is easy. You just need to have all the necessary details and access to the Internet.
There was a deposit in the bank "Crossinvestbank", deprived of the license 11.04.16. 05/07/16 received an insurance indemnity at the Opening Bank (Bank Agent). I do not agree with the size of compensation (about 225 thousand rubles). At the same time, there was also a statement about disagreement in the DC, attaching the originals of the documents (contract and 2 PKO). On the hands of copies with a bank mark. Bank Agent (supposedly) 16.05 sent documents to the DC (there is an answer by email from the bank). The DSA has not received anything so far. The ADM to accept the application re-refuses due to the lack of original documents. My actions?
Answers of lawyers (4)
Hello, Nikolai Nikolaevich!
In my opinion, on your part there are no violations.
At the same time, there was also a statement about disagreement in the DC, attaching the originals of the documents (contract and 2 PKO).
Nikolai Nikolaevich
Maybe it makes sense to pick up these documents from the bank and independently submit them to the DCA, especially since this is provided for by the procedure for payment of reimbursement on deposits (approved by the decision of the Board of the DAT 03.08.2006 No. 46).
Have a question for a lawyer?
As an option, so as not to sit and do not wait for what is called, the weather is by the sea, try the complaint on the ASV website to file. It can be done here
Good afternoon, Nikolai!
I do not agree with the size of compensation (about 225 thousand rubles).
Nikolai Nikolaevich
In this situation, after the submission of additional documents, the Bank Agent within 10 days was obliged to consider them and make appropriate changes to the Bank's obligations register before depositors, as well as reported in the DC.
Federal Law of 23.12.2003 N 177-FZ
(Ed. from 03.07.2016)
"On insurance of deposits of individuals in the banks of the Russian Federation"
Article 12. The procedure for payment of compensation for deposits
7. In the event of the disagreement of the depositor with the amount of compensation for deposits to be paid, the Agency invites the Depositor to submit additional documents to the Agency confirming the validity of its requirements, and sends them to the bank for consideration. Bank for 10 calendar days from the date of receipt of these documents is obliged to consider them and in case of validity of the investor's claims to make appropriate changes to the bank's obligations register before depositors, as well as send a message to the Agency for the results of consideration of the claims of the depositor and on the changes to the register of the Bank's obligations Depositors
.
Since this was not done, then you have the right to apply to the court with the claims for establishing the composition and size of insurance compensation under the bank deposit agreement in the amount you specified, oblige a bank agent to include the requirements for the contribution to the register of obligations to depositors, to recover from the DCA unpaid amount of insurance compensation under the bank deposit agreement
10. In disagreement with the amount of deposits to be paid to the deposit on deposits, in accordance with the legislation of the Russian Federation, it is entitled to apply to the court with a claim for the establishment of the composition and size of the relevant requirements, as well as to be paid for deposits.
Please note that such a claim is submitted to the court of general jurisdiction.
At the same time I attach an example from judicial practice in a similar case.
In your situation, before going to court, I would recommend checking the status of a statement of disagreement on the following link www.asv.org.ru/insurance/claim/.
After that, the situation should clarify a little - if the information on the application is not at all, it turns out that the agent bank really did not transmit (sending) of your application with a package of documents in the DC.
If this is really confirmed after entering the desired information on the above link (it will be not found that nothing is found), then you will need to call the hotline of the ASV (8-800-200-08-05) and report the OPP shape said problem.
If the above actions do not lead to any result (the problem is perhaps your permitting at this stage), then you will have to seek the protection of your rights.
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Frequently asked Questions
The Agency for the Law is paying compensation on deposits from the funds of the Commitable Deposit Insurance Fund. The fund, in turn, is replenished at the expense of the following sources established by the law: quarterly contributions of existing bank members of the system of compulsory deposit insurance; return funds from the competitive masses of liquidated banks on the requirements of the Agency, based on the previously paid insurance compensation; The borrowed funds received from the Bank of Russia as needed for up to 5 years within the credit line, the sequence of which is also adjusted as needed.
All its financial obligations to depositors and agent banks, advantageous, as a rule, their money payments for up to 3 months, the Agency executes in a timely manner.
The main financial indicators of the agency are published on a quarterly basis on the website of the Agency www.asv.org.ru in the "Agency / Activity Reports" section. In accordance with the latest published reporting as of April 1, 2016, the balance sheet size of the Foundation was 32.2 billion rubles, the amount of the Bank of Russia's credit line - 420 billion rubles.
2. To the question of the presence of a database of "off-balance" accounting of deposits.
In addition to the main ABS, the provisional administration of the Bank was discovered in addition to the main ABS, in which official accounting was conducted and reporting was also formed, fragments of additional databases, which testify to the organization of the former leadership of the bank of the extra system accounting of the part of the funds raised. The register of the Bank's commitment to which payments are carried out is formed according to official accounting. When considering incoming statements on disagreement to make a decision on the possibility of restoring deposits in the agency, the amounts and details of the accounts contained in the documents submitted by depositors, and the currently affordable information bases are reflected in all available information bases, the signatures of investors on the documents are carried out by other analytical work, including in order to prevent the risk of insurance for fictitious deposits. The conclusion about the degree of reliability and completeness of the bank's credentials available at the disposal can be made according to the results of such an analysis.
3. On the issue of the number of accepted statements, the speed of their processing in the agency and the procedure for the interaction of the ASV with the Agent Bank (PJSC Sberbank).
Acceptance of depositors' applications that do not agree with the size of insurance compensation are carried out in accordance with the established procedure through the Bank-agent PJSC Sberbank. All questions of the interaction of the ASV with the Bank Agent, including the procedure for weekly transmission to the agency adopted statements about disagreements and documents, are governed by the Agency Agreement, the general conditions of which (the procedure for the participation of the Bank-agent in the payment of insurance compensation) are published on the Agency's website in the "Regulatory" Documents / Insurance Deposits. "
Currently (as of 08.22.2016), the Agent Bank adopted statements from 31 thousand depositors, of which the statements of 17.5 thousand depositors were enrolled in the DC, 12 thousand are registered in the prescribed manner as inbound correspondence, of which 7,377 thousand depositors of the application were considered essentially and sent to a temporary administration of the Bank, having an exclusive right at this stage to make decisions about changing the register of insurance payments, with a petition for restoring deposits in full claims. 5.3 thousand depositors of the decision to restore contributions and adjust the registry registry was adopted, these depositors are invited (by sending SMS messages) for payments to the agent bank.
Summary information on the status of acceptance and consideration of applications from 08/16/2016 is updated daily on the "Insurance / ARSBANK" page of the Official Site of the QU. Currently, the Agency is considered an average of about 1000 applications per day. Each depositor can receive information about the registration and status of processing its application through a specially designed service "Find out the status of a disagreement statement" http://www.asv.org.ru/insurance/insurance_cases/arksbank/claim.php, a link to which is located on The same page of the site of the agency. On a separate page of the service page, there are examples of service messages and comments necessary for their understanding. In the absence of access to the site, the depositor may receive information from this service by the phone "hotline" of the 8-800-200-0805, saying the operator's name, the series and passport number.
4. To the question of the procedure for processing applications for disagreement with the size of insurance compensation for deposits in Aksbank JSC and complying with the principle of calendar sequence.
Accepted by the Bank-agent documents having a 32-digit registration number (for example, 1234567-H-123456789012-02.08.2016, where 02.08.2016 - the date of acceptance of the statement by the Bank Agent) enroll in the DVI in batches (portions) twice a week. Registration of such documents in the DVI with the assignment of the internal registration number and the date (for example, 12345-1 of 08.08.2016), as well as the creation of electronic images (scanning) of all documents within each party received in the order of the calendar order of accepting applications by the Bank Agent . Documents registered in this way are transmitted to the consistence of a special division of the ASV and are also considered in the calendar sequence of their reception by the Agent. If among the registered statements are discussed by all documents of one date of adoption by the Bank Agent, the following calendar dates may be considered. As of 08/19/16, applications received in the agent bank per day of the commencement of payments, August 2, 2016
5. Regarding the timing of the completion of application processing.
Based on the processing speed of already received applications (about 1000 per day), it is planned to complete their consideration of approximately 1.5 months after the start of payments. At the same time, it is not possible to determine the date of completion of the recovery in accounting of all deposits, since it is now reliably unknown, how many applications will come in the future, as well as which part of the depositors will present confirmation documents not throughout the amount of requirements.
6. On the payment of compensation to persons who did not submit part of confirmation documents.
Currently, the decision to make changes to the registry and the payment of insurance compensation is made on the basis of the settlement documents submitted by the depositors (copies of the acquisition of cash orders and payment orders) and account statements. In the event that the submitted documents are confirmed not all cash receipts on the account, the contribution will be restored and the payment of compensation will be made within the amount confirmed by documenor if another procedure for the consideration of the requirements of the depositors will not be established.
7. On the payment of interest on deposits.
According to the restored deposits, interest in the rates due to the terms provided for by the terms of the contracts, for the period up to the Day of Reviews of the License Bank, are calculated. These interest are included in the calculation of insurance compensation.
8. On compensation to depositors of missed benefits due to the need to restore contributions in accounting.
The payment of compensation on deposits in the bank has begun by the Agency 14 days after the occurrence of an insured event, which complies with the Federal Law "On Insurance of Deposits of Individuals in the Banks of the Russian Federation". Payment in accordance with the registry is always carried out within three working days after the depositor of the Depositor to the Bank Bank. As the agency of applications and coordination of the Bank's Temporary Administration, the Registry reflects the recovered amounts of deposits on which additional insurance compensation may be obtained on time. The law provides for the responsibility of the agency for the delay in its fault of the consistent amount of compensation.
Thus, the Agency complies with the requirements established by the Law on the timing and size of the payment of insurance compensation.
9. Why applying for disagreement with the size of compensation on deposits in Arsbank (AO) is not carried out in the offices of deposit insurance agency, but only in the departments of the agent bank?
Deposit Insurance Agency does not have its own operating offices, as well as technical and personnel capabilities for receiving and processing a significant amount of documents. This function, on the basis of the Agency Agreement, is entrusted to PJSC Sberbank, more than 300 divisions of which will receive the specified statements and send them to the Agency.
10. When making an application for disagreement with the size of compensation on deposits in Aksbank JSC, not all confirmation of documents (one of the acquisition of cash orders) was attached. How can I provide the missing document to the agency?
In the case of an incomplete package of primary banking documents, confirming the amount of requirements, the depositor may re-contact a bank agent, where another disagreement statement will be issued to which the missing documents must be made. Also, these documents can be sent to the address of the agency by mail (109240, Moscow, Ul.Vysotsky, D.4).
11. An application for disagreement on Arsbank JSC is decorated in Sberbank 02.08.2016. The application is filed only one. Why in the service "For depositors of Aksbank: find out the status of disagreement" Displays three statements with different numbers?
While the service is in the stage of trial operation, in response to the user's request, together with the registration number of the original statement, the Chernovikov's registration numbers can also be seen with their unique registration numbers that the agent operator created in the process of dialogue with the investor, but did not delete From the system. Such "drafts" on paper do not exist and are visible only in the service, registration of the statement in the ASV is carried out after its receipt from the agent bank in the original, so the process of further consideration of the Chernoviki statement does not affect. Error in the service is localized, the data correction is engaged in the automation of the Bank Agent. After the adjustment of "Chernivikov" can not be seen.
12. Where to apply to obtain insurance compensation?
Before the start date of the payment, the Deposit Insurance Agency will place on its website on the Internet official announcement for depositors on places, time, form and procedure for accepting applications for insurance compensation with an indication of the Agent Bank, and will also direct an announcement to publish in the "Bulletin of the Bank of Russia ", In the printed organ at the location of the bank.
13. What is the amount of compensation for deposits in the bank?
14. Does insurance disseminate money placed on debit bank cards (including salary)?
15. What currency is compensation?
16. What documents are needed to obtain reimbursement on deposits?
17. Where to get the application form?
For investors "VPB" Bank (AO): find out the status of a statement of disagreement with the size of compensation
This service is intended for investors "VPB" Bank (AO), which in one of the authorized agent banks issued an application for disagreement with the size of insurance compensation (with the application of confirmation documents) for transmission to the DSV or independently sent an application to the QA address by mail.
Depository Information on accepting an application to the Agent application (data is updated weekly), on registration in the ART of the statement received from the agent bank or by mail (data is updated the next day), on the start of the consideration of the application (the data is updated daily), about making changes The register of the Bank's obligations on the results of the consideration of the application or for other reasons (the data is updated when receiving a bank-agent introduced changes to the registry) or send the depository to the written refusal to make such changes (the data is updated daily), about the comments of the DCA to the application. Examples of service answers
For information on how the stage of processing is a statement, the depositor must be fill in the on-screen form by specifying its surname, the name (completely), as well as the passport series and number. To protect the system from automatic viewing, a special drawing with characters, which also need to be entered are used. Data is provided with the full compliance with the compulsory details of the required details of the information available in the QA electronic document management system.
In the event that a statement of disagreement is issued at the Bank's bank representative of the depositor, such a representative can obtain information on the fact of acceptance of the application by the Bank by the Bank by the Bank by the Agent, indicating the name-formality of the name and passport data of the representative. To track further documents, you must enter the depositor data.
The procedure for resolving disagreements about the amount of compensation on deposits is established by part 7 of Article 12 of the Federal Law "On Insurance of Deposits of Individuals in the Banks of the Russian Federation" (hereinafter - Law No. 177 - FZ) and section 8 of the procedure for payment of compensation for deposits.
The grounds for making changes to the registry are established by part 2 of Article 30 of Law No. 177 - FZ.
Address for the direction of issues and proposals for the functioning of the service:
A warning. In accordance with the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", the Agency informs that the electronic appeals of citizens and answers to them sent through the Internet are transmitted through unprotected communication channels. The Agency is not responsible for maintaining confidentiality of data when they are transmitted through the Internet.
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How can I get insurance compensation?
You can read the answers to this and other questions about insurance cases and payments in the section "Insurance of deposits / questions and answers".
How do I repay the loan?
Information on bank details, as well as contact persons on issues related to repayment of loans, you can find out in the "repayment of the loan" section.
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Frequently asked Questions
1. On the issue of forming the register of the Bank's obligations to depositors (hereinafter referred to as Registry).
The payment of insurance compensation is carried out in accordance with the registry, which was formed by the Interim Administration of the Bank (hereinafter referred to as the Bank's Temporary Administration) from accounting data fragments and test registry as of 08/30/2016 in the absence of a current automated banking system (ABS) and banking documentation that Not transferred to it former bank management. In addition, the Bank identified signs of fraudulent action with deposits, as a result of which from January to August 2016 in the head office of the bank with more than 5 thousand accounts (including open in additional offices) without the knowledge of the depositors was written as not less 6.3 billion rubles. In this regard, the amount of contributions in the register is significantly understood in relation to the real size of the Bank's obligations.
Information on these facts with signs of criminal acts are sent to the Bank's temporary administration to law enforcement agencies for the adoption of relevant procedural decisions.
In order to establish the fictitiousness of expenditure transactions on accounts with which non-authorized write-offs can be made by the Bank, the Agency proposed the owners of such accounts to personally contact the Bank's temporary administration and fill in a special form of written confirmation of the lack of removal of cash at the bank's office.
As the real size of the Bank's obligations to contribute to the depositors on the basis of the primary banking documents submitted by them, changes are made to the registry and the cost of insurance compensation is made.
2. On the issue of the number of applications taken, the speed of their processing in the agency and the procedure for the interaction of the Agency with the Agent Bank.
Acceptance of depositors' applications that do not agree with the size of insurance compensation are carried out in accordance with the established procedure through VTB 24 banks 24 (PJSC), Rosselkhozbank JSC and RNB Bank (PJSC). All issues of interaction of the agency with agent banks, including the procedure for weekly transmission to the Agency of adopted statements about disagreements and documents, are governed by the Agency Agreement, the general conditions of which are published on the Agency's website in the "Regulatory Documents / Deposit Insurance" section.
Currently (as of 11/28/2016), agent banks received statements from 8762 depositors. In addition, the Bank's temporary administration adopted 3,843 statements about the fictitiousness of expenditure cash transactions committed at the Bank's head office.
Consolidated information on the status of acceptance and consideration of applications is updated daily on the page "Insurance cases / WBB" Bank (AO) "of the official website of the Agency. Each depositor can receive information about the status of processing its application through a special service "Find out the status of a disagreement statement", a link to which is located on the same page of the agency website. In the absence of access to the Internet network, the depositor may receive information from this service by the "hotline" ART 8-800-200-0805, saying its name, series and passport number to the operator.
3. Regarding the timing of the completion of application processing.
Given the lack of current ABS and the identification of several types of fraudulent actions of the Bank, making decisions on the restoration of the real size of deposits requires an individual approach, therefore takes a lot of time. Determine the date of completion of the recovery in accounting of all deposits is not possible. At the same time, the agency makes every effort to complete the main part of the work on the inclusion in the register of additionally established amounts of insurance indemnity until December 31, 2016.
4. On the payment of compensation to persons who have not submitted part of confirmation documents.
Currently, the decision to make changes to the registry and the payment of insurance compensation is made on the basis of the settlement documents submitted by the depositors (copies of the acquisition of cash orders and payment orders) and account statements. In the event that the submitted documents are confirmed not all cash receipts to the account, the contribution will be restored and the payment of compensation will be made within the amount confirmed by documenor, if there is no other procedure for the consideration of the requirements of depositors.
5. On payment of interest on deposits.
The agency together with the time administration of the Bank is working on calculating interest on investors' accounts using documents submitted by depositors, fragments of credentials and test registry on August 30, 2016 in the absence of relevant ABS and banking documentation. The missing confirming documents depositors may submit to the Agency or the Agent Bank to the Agency. At the first stage, it is planned to establish the amounts of the bank's principal debt before depositors, on the second - interest on deposits. To obtain reimbursement to interest, send additional applications to the Agency and documents are not required.
6. On reimbursement of depositors of missed benefits due to the need to restore contributions in accounting.
The payment of compensation on deposits in the bank has begun by the Agency 14 days after the occurrence of an insured event, which complies with the Federal Law "On Insurance of Deposits of Individuals in the Banks of the Russian Federation". Payment in accordance with the current registry version is always carried out within three working days after the contribution of the depositor to the Bank Agent. For investors who do not agree with the amount of compensation, the Agency analyzes the documents submitted by these documents, on the basis of which the time administration of the Bank makes decisions on the restoration of the actual amounts of deposits and enter into the register of changes in which additional insurance compensation may be obtained on time. The law provides for the responsibility of the agency for delay in its fault of payments only in part agreed (between the bank and the contributor) the amount of compensation.
7. Why applying for disagreement with the size of compensation on deposits in the WBB Bank (AO) is not carried out in the offices of the agency, but only in the departments of the agent bank?
The Agency is currently considering the statements of depositors at the same time several banks in which mass violations were identified. Taking into account the significant amount of documents and the division of logistics of their reception, the agency launched the reception functions for banks-agents that have numerous operating offices, as well as appropriate technical and personnel capabilities. For the Bank "WBB" (AO), the functions of banking agents on the basis of the Agency Agreement are entrusted with VTB 24 (PJSC), Rosselkhozbank JSC and RNB Bank (PJSC), about 400 divisions of which make the specified statements and send them to the Agency.
In addition, the employees of the agent banks establish the identity of the depositors and assure copies of the submitted documents confirming their requirements.
8. When making an application for disagreement with the size of compensation on deposits in the WBB Bank (AO), the depositor has not made all confirmation documents (one of the arrival cash orders). How can the missing document be provided to the agency?
In the case of an incomplete package of documents confirming the amount of requirements, the depositor may re-appeal to the Bank Agent, provide the original documents to the Agent Bank employee who will make their copy, will testify the loyalty of the copy of the original and adds a copy of the documents to the application. In the case of submitted copies of additional documents to the Bank-agent, the Bank Agent introduces them to a statement of disagreement.
In addition, the originals or notarized copies of additional documents can be sent to the Agency by mail (address: 109240, Moscow, ul. Vysotsky, d.4).
9. What is the amount of reimbursement on deposits in the bank?
Insurance compensation is paid to each depositor in the amount of 100% of all deposits (accounts) in the Bank, including capitalized on the date of occurrence of an insurance case on deposits (accounts), but in the aggregate of no more than 1.4 million rubles.
10. Does cash insurance extends to debit bank cards (including salary)?
Cash on debit cards is funds posted on the current accounts of individuals open to the implementation of settlements using bank cards. Accounts are opened on the basis of a bank account agreement, which is usually part of the Treaty for the issue and maintenance of the card. As a rule, such an Agreement is by signing a depositor of an application for opening a card, which is the acceptance of some public rules for servicing cards placed by the Bank on the site. Cash placed by the Depositor or in its favor on the basis of a bank deposit or bank account agreement, in the terminology of the Deposit Insurance Act is considered to be a contribution. The list of exceptions in the bank cards are not made. So they are insured.
11. What currency is compensation?
Payment of compensation on deposits is made in rubles. If the contribution is posted in foreign currency, the amount of reimbursement on deposits is calculated in rubles on the course established by the Bank of Russia on the day of the insured event.
12. What documents are needed to obtain reimbursement on deposits?
- Statement in the form determined by the Agency
- The document certifying the person in which the bank deposit was opened
13. Where to get the application form?
Application blank can be obtained and fill in the bank-agent office or download it here.
14. Scheme of the location of the point of acceptance of applications of investors of the Bank "VPB" (AO) (Note-Bank "PAO"):
What to do if you disagree with the insurance payment on the deposit
The procedure for resolving disagreements about the amount of insurance payments on deposits is registered in the Federal Law "On Insurance of Deposits of Individuals in Banks of the Russian Federation" (Part 7, Art. 12).
If the contributor does not agree with the size of insurance compensation, then it needs to be applied with the relevant statement to the Deposit Insurance Agency (DC). A statement must be attached to the documents confirming the requirements of the depositor. For example, a deposit / account agreement, receipt order and account statements, judicial decisions, etc. Application form can be found on the ASV website in the "Insurance of Deposit" section in the subsection "Blanks of Documents". The statement with documents needs to be transferred to an employee of an authorized agent bank, which makes insurance payments, or send by mail to the QA address.
After that, the DRA, no later than ten working days following the day of receiving documents, sends them to the bank for consideration. Next, the credit institution is given to ten calendar days to make a decision on amending the bank's obligations register before depositors. During the same period, the bank must inform the ART on the results of consideration of the claims of the depositor and the changes made to the registry, if there were grounds. After receiving an answer from the bank, after receiving the response from the bank, no later than five working days reports the results of the results. In the event that the Bank adopted the requirements of the depositor, then the latter ASV pays the agreed amount of compensation. If the contributor received a refusal, he has the right to apply to court with a claim.
Look for information on which stage of consideration is a statement of disagreement with the size of the insurance payment, the service posted on the SIRD website will help. It is located in the subsection "Find out the status of a statement of disagreement" section "Insurance of deposits". Here it will be necessary to fill out the form by specifying in it F. I. O., Passport details and name of the bank. The service tracks the status of applications registered in the DES from September 1, 2014.
It is important to draw attention to the fact that if the investor has a bank requirements higher than the insurance amount established by the law, the payment of the amount exceeding the insurance coverage will be carried out within the framework of the bankruptcy proceedings, and to fill out an application for disagreement with the amount of compensation in this case are not necessary.
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Choosing a bank to accommodate the contribution, it is necessary to make sure that it consists in the deposit insurance system (CER). This is the name of the state program implemented by the Deposit Insurance Agency (DC).
The primary task of the ART - payments to the depositors of the Bank of their money, when its license is canceled. But, it should be aware that the contributions are not compensated for in all winds.
Consider all aspects of legal relations between the DC and the individual, the owner of the contribution, as well as the procedure for consideration of the branch and payment of compensation.
Ensuring the financial security of its citizens by insuring their contributions, all developed countries are practiced. In Russia, for 13 years since 2004, the State Deposit Insurance Agency has been operating, which protects the savings of citizens in the insolvency of the Bank.
The size of the maximum compensation is 1.4 million rubles today. The right to return 100% of the invested funds (not higher than the specified limit) appears at the depositor at the stage of concluding an agreement with the bank involved in the SSL. Get insurance through a bank agent accredited by the DC. Payment of deposits is made within 2 weeks, but no later.
Insurance is subject to financial resources that are posted:
- in deposits, urgent and demand;
- on salary accounts and accounts from which pensions, scholarships, social benefits receive;
- on IP deposits;
- on guardian accounts;
- on exoro accounts.
Do not pay insurance by:
- money posted on notaries, lawyers who enjoy them for their work;
- investments by IP, if the insurance precedent happened before January 1, 2014, the precedents, which arrived after this date were insured;
- deposits that can be transferred to a third party and which has a savings certificate for bearer. Restrictions do not apply if the contribution is certified by a personal certificate;
- deposits trusted by the Individual Bank to management;
- electronic money;
- deposits in foreign branches of banks of Russia.
The remaining cases of non-payment of compensation are considered article 5 of FZ No. 177 of 12/23/2013 of the year. In this law, 2 insurance situations are provided when the QA will pay compensation:
- when canceling a license;
- the introduction of the moratorium.
Insurance situations that occur due to the introduction of the moratorium is not so frequent, however, still happen. For example, such a situation happened to the Yuga Bank, payments to the depositors of the ASV are carried out from July 20, 2017.
The amount of compensation amount depends on the amount of the deposit and interest on it.
Important: Not only contribution is insured, but also interest
For example, on January 1, 2018, a deposit of 60,000 was opened for 12 months. Payments quarterly under 10% per year to the main account. The license was withdrawn on May 12. It should be borne in mind that interest is paid on a day before the day of cancellation of the license. The obligations of the Bank, and therefore compensation look like this:
Other features of bank deposit insurance:
- the right to demand compensation comes the day when an insured event occurred. If the individual received from the investor the right to demand a later occurrence of an insured event, nothing will be paid to him. To take advantage of the occurrence after the occurrence of the insurance incident, only the heirs of the depositor are entitled;
- insurance relies and holders of debit cards, including salary;
- removes 100% of the funds placed in the bank, but not more than 1,400,000 rubles.
- the money placed in the currency is recalculated at the compensation in rubles at the current course of the Bank of Russia.
The maximum amount of compensation depends on the date of the occurrence of the insured event. For example, if the license was recalled after 12/29/2014, the upper limit of insurance will be 1 million of 400 thousand rubles.
Cancellation of the license in the period 02.10.2008 - 12/29/2014 will allow maximum 700 thousand rubles. Beneficiary or depositor under certain conditions can get up to 10 million rubles. ESCRO.
Appeal to the DCA for receiving deposit payment
DIA refused to pay - what to do? Cases of appeal
The owner of the contribution may not satisfy the amount of compensation, then it submits a statement about disagreements and other documents in the DCA, which reflects the rationale for its requirements. All of them are transferred to the bank, and for ten calendar days it makes a decision on them. With compliance with the claims, bank employees enter the register of the Bank's obligations the necessary information, and informs the agency about it.
To find out the status of a statement of disagreement in the DES, should fill out an online form on the corporation portal. It requires personal and passport details.
There are often cases when the QA has refused to pay. Most often, refusals are associated with suspicion of a citizen or bank in fraud.
Schedules are common:
- crushing a deposit. A citizen, placing money in the bank in the amount of the insurance limit above, that is, more than 1,400,000 rubles, divides a contribution to several shares, for compensation for all;
- the company masks his funds for deposits of individuals. The state does not insure the money of legal entities, and they can only get them after inclusion in the register of creditors' claims. And this is the third order, because in the DCA consideration of applications for disagreement from individuals priority. Besides the fact that the procedure lasts longer and more documents are needed, it is not always possible to return its money at the end;
- fictive deposits with which they try to get compensation.
But not all investors fraudsters, and honest people often fall under the distribution.
In such a situation you need:
- Write a statement about disagreement. (download it on the site)
- Wait for the written refusal of the corporation
- Write an application to the court on the DIA.
Most depositors are shipped with a corporation for the following reasons:
- proving that they are not pseudo stores and "crushers";
- not satisfied with the amount of compensation, if there is a loan and deposit;
- money is not paid, as they are stuck on the corsche of the bank when trying for some time until the license is canceled or removed.
When the deposit amount is more than 1, 4 million rubles, the claims to the Bank should be issued through the submission of the application for the inclusion in the register of creditors' claims.
If the price of the claim is less than 50,000 rubles, it is submitted to the world court, if more, then urban or district. IP can contact the arbitration court.
In addition to the statement of disagreement and written failure of the ASV, it is necessary to submit a rather extensive list of documents:
- the statement of claim in which amounts for recovery are calculated;
- receipt of the payment of state duty;
- copies of the passport, the contract of deposit, credit and bank account;
- account statement proving the balance on the day of cancellation of the license;
- if the statement fails, you need to discharge payment orders, parish orders;
- printed announcement of the ART portal on the occurrence of an insured event;
- a copy of the application for compensation in the DC or Bank agent;
- a document confirming the amount of compensation, such as a certificate of obtained amounts, or an extract from the register of obligations of the Bank;
- copies of documents in which court costs are indicated (receipts, payment documents, a law agreement and others).
Tip:Do not transfer the originals of documents in the DRE or a bank agent. They will need them in court.
In addition, you may need printed extracts from the register to the agency, if money depended on the account - an application for a review of the payment order, as well as a currency rate printed from the Central Bank, relevant to the date of the license revocation.
Judicial practice on Claims to the DAV consists of many and depositors won by depositors. For example, judges on Claims to the banks of JSC "Unicorbank", JSC "Russian Construction Bank", OJSC ICD "Zamoskvoretsky", KB Master Bank, CJSC AB "Bank of Project Financing" made positive in favor of the investor's decision.
Thus, in our difficult time, when feeding licenses for banks have become quite commonplace, the DSA has become a reliable legal institution that protects the financial interests of citizens. And the situation with the refusal to pay funds is quite realistic to decide in court and won honest depositors of cases over time becomes more.
