Can Sberbank block an account for a legal entity. Blocked a current account with Sberbank - what to do
- Olga Mikhailovna, the validity of the card and access to Sberbank Online (if any) have been suspended as part of the execution of Federal Law No. 115-FZ of 08/07/2001. If you need money, then to obtain it, you can contact the bank office within the region where the card is open, with an identity document, the message read.
Olga received the shocking news about the blocking of her card only when she flew to Italy on vacation. Ironically, she took this card in order to pay in stores. There was almost no cash.
Olga immediately started calling contact center... I spent almost a thousand rubles on negotiations, but the card was never unlocked. The call center operator offered to get cash at any bank branch, but only in Moscow. Accordingly, Olga could not manage her money in Italy.
The SMS from the bank also contained another option for solving the problem - to be able to unblock the card within seven days, you need to send documents to the email address confirming the economic meaning of the operations performed on the card. Only Olga did not have any documents at hand abroad.
There was only one benefit from calling the call center: Olga found out why her card was blocked. She is registered as an individual entrepreneur. And right before the trip, I decided to transfer my earnings from an individual entrepreneur's account in another bank to my personal account of an individual in Sberbank. This translation became the reason for further troubles of the business woman. The account was blocked as part of the implementation of the federal law preventing money laundering and terrorist financing.
Nikolay Kotov, a specialist in the analytics department of Analytica Online, faced a similar problem. He translated small amount from a Sberbank card to an Alfa-Bank card. She raised questions from the financial monitoring service of Sberbank. After lengthy proceedings and the provision of documents, the translation was nevertheless done. But Nikolai has not cooperated with Sberbank since then.
- We are increasingly faced with complaints from clients of Sberbank, in particular from entrepreneurs who have current accounts of individual entrepreneurs in other banks and who decided to transfer the profit of the individual entrepreneur to an individual's card in Sberbank, - says Nikolai Kotov. - Complain about the cut of transfer limits or the complete blocking of the account. According to the law, if proper accounting is carried out and taxes are paid on time, and each transaction has a comment justifying income, the bank should not set limits cuts. Only if the client immediately or in the coming days cashes out especially large amounts. On paper, it is. Only in practice are Sberbank's clients more and more often faced with such troubles. The bank demands to substantiate the economic sense. In other words, Sberbank acts as a "semi-tax", as a regulator and auditor of not only individual entrepreneurs, but also individuals.
One of the reasons for this behavior is that Sberbank is not afraid of a massive churn of customers, perhaps because the latter has nowhere to go. There are fewer and fewer banks in the market, and people choose large and reliable credit institutions... At the same time, the bank can also make money on blocking and cutting limits.
- To withdraw money from a blocked account, you need to submit a lot of documents, and the bank can give the money, keeping 10% by law, - adds Nikolai Kotov. - Considering that limit cuts are mainly for large sums, we can conclude: the bank will take 10 million from 100 million rubles, and the amount of blocked accounts is much higher per year. In general, from year to year, the popularity of Sberbank falls on average by 2-2.5%. This is due to the increasing financial literacy population and the fact that young people are increasingly finding more profitable terms in other banks.
As the press service of Sberbank explained to Life, a bank card of an individual, according to the terms of service, is not intended to be used entrepreneurial activity, therefore, bulk transfers from an individual entrepreneur's account to an individual's account may raise questions from the bank. In such cases, the bank may restrict access to the card and Internet banking and send a request to the client to provide explanations and supporting documents on transactions.
- We recommend that you do not use your bank cards for illegal business activities, issue a business card, make transfers to your own bank card an individual of the profit received as a result of the activity of an individual entrepreneur, and not all proceeds, - concluded the representatives of Sberbank.
It is not uncommon for a card to be blocked simply because the client has decided to withdraw cash or pay in a place that is suspicious from the point of view of the bank's security. For example, Pyotr Pushkarev, chief analyst of TeleTrade Group, faced such a situation. According to him, so that such a problem does not arise, the client must contact the bank himself before the trip. Notify which country he is going to and how long he plans to stay there. And, if desired, even set a limit on the funds that can be debited during his travels. This will also help protect you from fraud. However, other stories were associated with the limit on spending at Sberbank.
In early March, Sergei received an SMS from Rostelecom. It turned out that his account lacked 1 ruble to pay for the Internet. The young man decided not to postpone the payment and opened Sberbank Online. Imagine his surprise when he failed to transfer the missing ruble to the operator's account. At first, Sergey thought that the application on his smartphone was just junk. But it was not possible to make a payment from a stationary computer either.
- You have set limits on the amount of transactions in the Internet bank. To confirm the operation, contact the contact center or change the restrictions in the "Limits of transfers and payments" settings section, - this message was displayed in the online bank application.
Sergei was amazed: he did not set any restrictions on the amount of transactions in the Internet bank. Yes, if there were any restrictions, then obviously not in the amount of one ruble. However, at first the unfortunate client thought that the problem was easily solvable. It is enough to remove restrictions on translation - you never know where accidentally pressed which button and an unnecessary service was connected. But Sergey could not do this. It turned out that he could not lift the restrictions on transfers in his own online bank.
The Sberbank system, like any other bank in Russia, analyzes Money transfers clients checking suspicious transactions (Federal Law No. 115). That is, all operations on non-cash transfers with further cashing of funds that may turn out to be illegal are necessarily monitored. As a result, Sberbank blocks the cards of individuals for illegal transfers, as well as other accounts associated, for example, with extremist and other prohibited activities.
In 2019, the Federal Financial Monitoring Service adds violators to a special list. To Work with individuals included in this list, banking organizations forbidden. At the same time, the base of illegal clients continues to expand.
Having found suspicious transactions, Sberbank usually chooses one of the following actions:
- blocking of client cards;
- the bank imposes a ban on a debit account, as well as on the issue / re-issue of a blocked card;
- refuses to transfer funds and dispense cash;
- closes access to the Sberbank Online application.
For example, if money was transferred to the client's card for the sale of a car or a large debt was returned, then the card may already be blocked. In order to gain access to the funds again, it is necessary to prove, based on official documents, that the money was obtained legally.
The bank can pre-notify the client by sending SMS, e-mail or in the form of a phone call from an employee - the user is informed about a possible blocking. At the same time, he is often asked for papers and information that speak in favor of the legality of the origin of funds. These messages indicate the terms of consideration of papers, as well as when the card will be unblocked and mobile bank operations. It is believed that if it is not possible to confirm the transparency of the transfer, then the amount will be burned out. These processes are allegedly carried out according to the standard algorithm by the bank's robots.
As the press service of Sberbank explained, “funds cannot be burned, as this contradicts the fundamentals of banking. Sberbank blocks dubious transfers only for remote access, but not the account itself. If the operation is refused twice, the client is invited to terminate the contract. In this case, funds can be transferred to the user's personal account with another bank. "
New technologies for analysis
Previously, the screening of violators was not automatic: the operator was responsible for processing transactions and making blocking decisions. Although the requirements for why blocking the transfer were simpler, there were not enough human resources to check all transactions. Now it has become possible to analyze millions of operations according to the intelligent selection scheme, using specialized computer programs.
According to representatives of Sberbank, the system has been installed, is working effectively, and will not slow down. The analyzer examines the client's income, partners with whom settlements were made most often, and other relevant information, and only after that Sberbank can block a suspicious card. Moreover, according to statistics, the error of such systems is only 10%.
How to avoid blocking
Let's consider three common reasons why Sberbank blocks cards of individuals.
- Anti-money laundering and terrorist sponsorship (banks, as a rule, pay attention to transactions worth more than 600 thousand rubles). Here it is better not to contact dubious sources, for example, in the form of anonymous wallets, since Sberbank can block the card on suspicion of fraud and various shenanigans.
- The card is blocked for the safety of the client. Access requests from abroad or, conversely, payment for services can lead to the blocking of money on the Sberbank card foreign company... In the first case, you need to warn the bank in advance about going abroad, in the second - call and confirm the transaction.
- Control of undeclared income. At the request of the bank, it is necessary to provide documentary evidence of the source of funds. Certificates are considered for 2-5 days. A negative decision is possible if the papers do not provide a full justification economic sense operations.
If Required documents were sent, but Sberbank did not approve them, then nothing can be done within the framework of this institution. You can only try to issue the card again after a while; the bank sometimes reconsiders its decision.
In 2015, 56 million rubles were received on the Sberbank client's card. The user tried to cash them out the next day. The company regarded the transaction as a possible fraud and demanded supporting papers. After examining them, the employees blocked the Sberbank card. Then the owner of the money redirected them to term deposits, but, for the transfer of money, the bank again refused to withdraw funds. After that, the user went to court, but the courts of all instances were on the side of Sberbank. In this case, the user had to refute the dubious origin of the money, but the documents presented were not enough. Money could also be transferred to a third-party bank account.
Preparation of documents
There is no exact list of documents here. The main thing is that in a particular case, the papers confirm the legality of the extraction of funds and the financial meaning of the operations. These can be invoices for the purchase of services and goods, pay slips, promissory notes, purchase and sale contracts, loans, leases, etc., certificates from tax service, invoicing from other banking institutions etc.
By requesting necessary information, the bank indicates how to forward them. The method of transmission and the recipient's address are noted in the request. For example, a bank may ask to send scanned copies of papers by e-mail, send copies by regular mail, or bring them to the place of issue of cards.
For sending by mail, it is better to choose the PDF format, while it is considered that the file size should not exceed 12 MB. If it is larger, then you can send several letters. It is recommended to use regular mail only as a last resort, as the letter may not arrive on time. If necessary documents no, then the bank should be notified of this in the manner suggested in the request.
Thus, crediting money from card to card for apartment renovation or other services becomes irrelevant. All transfers are monitored, and you have to answer for illegal actions. It is also not recommended to withdraw large amounts if there is no documentary evidence of the legality of their receipt.
Kasha's Telegram channel posted the text of a letter to the bank and the prosecutor's office in case the bank begins to abuse 115-FZ.
The client made a formidable "cart" to the bank, with a copy to the prosecutor's office. It has been verified from personal experience that the bank moves better when it starts to be harassed "from above".
The text was as follows:
Sberbank violated the following provisions of the law:
1. Provisions of Article 858 of the Civil Code of the Russian Federation - “limitation of the client's rights to order in cash in the account is not allowed, except for the seizure of funds in the account, or suspension of operations on the account in cases provided for by law "- without a court decision and in the absence of enforcement proceedings against me;
2. In this case, the Bank limited my right to dispose of my own funds through the remote banking services in spite of the fact that monthly fees are paid to the Bank from my accounts in full (according to the Bank's tariffs) and without authorization for servicing the current account using Internet technologies. The bank unlawfully denied me to carry out transactions on my above accounts using the remote banking system. The bank did not unlawfully recalculate the fees for this service (Article 158 of the Criminal Code of the Russian Federation - theft).
3. Violation of the provisions of paragraph 2 of Article 845 Civil Code RF - "the right guaranteed to the Client by law to freely dispose of the funds available on the Client's account";
4. Violation of clause 2 of Federal Law No. 115-FZ of August 17, 2001 (as amended and supplemented) - “transactions with funds ... are subject to mandatory control if (in relation to the counterparty) there is information obtained in the manner prescribed by law about their involvement in extremist activities or terrorism ”. In relation to me, taking into account the provisions of the above law, there is no such information, in this regard, the bank is not entitled to limit my rights to dispose of my own funds. Thus, there is libel against me - Article 128.1. The Criminal Code of the Russian Federation;
5. Violation of the provisions of 115-FZ, which provide only for "Refusal to perform dubious transactions" (paragraph 11, Article 7 of this Law), and not restriction of my rights to use accounts.
In addition, until the restriction of my rights to use the account (suspension of transactions on the accounts), the Bank did not ask me for any documents on this account operations.
Thus, there is also article 10 of the Civil Code of the Russian Federation - "abuse of law", article 285 of the Criminal Code of the Russian Federation - "abuse of office" and article 330 of the Criminal Code of the Russian Federation "arbitrariness" - unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any or actions, the legality of which is disputed by an organization or a citizen, if such actions have caused significant harm.
6. Thus, without asking me for any documents confirming the transactions on the accounts, the bank unlawfully classified all transactions on my accounts as dubious;
7. Violation by the Bank of the provisions of the Central Bank of the Russian Federation - “ banking rules may not contain provisions that contradict the legislation of the Russian Federation "(Instruction of the Central Bank of the Russian Federation No. 28-i dated September 14, 2006, as amended by the Bank of Russia Instructions dated November 25, 2009 No. 2342-U, dated August 28, 2012 No. 2868-U, etc.);
8. The Bank's violation of the provisions of Article 16 of the Law of the Russian Federation On Protection of Consumer Rights (and an individual entrepreneur is not a legal entity and refers to consumers) No. 2300-01 dated 02/07/1992 (as amended, in particular, as amended on 07/03/2016) - "The terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts RF in the field of consumer protection are recognized as invalid ”;
9. Considering that, according to the Bank's tariffs, for operations carried out using "paper technologies" the amount of payment significantly exceeds the payment for operations carried out using Internet technologies, there is a deliberate restriction by the Bank of my rights - article 163 of the Criminal Code of the Russian Federation ( extortion).
Considering the above, I require:
1. Immediately understand the legality of the actions of the Bank's employees;
2. Within three days of receipt this appeal remove all restrictions on my accounts;
3. Recalculate the monthly and annual commissions of the bank and provide me with a detailed calculation.
Otherwise, this issue will be resolved in court ”.
We posted the text of the letter to the bank and the prosecutor's office in case the bank begins to abuse 115-FZ.
It was not the first time that I had to face an absurd situation. As part of the image of the stormy "anti-money laundering" activity, Sberbank, hiding behind 115-FZ, managed to block not only the individual entrepreneur's account, but also the director's personal account as an individual, opened in the same bank.
In this case, both accounts were blocked without explanation, with an oral explanation "On suspicion of violation individual entrepreneur 115-FZ and the possible doubtfulness of the transaction ".
The client made a formidable "cart" to the bank, with a copy to the prosecutor's office. It has been verified from personal experience that the bank moves better when it starts to be harassed "from above".
The text was as follows:
« Sberbank violated the following provisions of the law:
1. Provisions of the article 858 of the Civil Code of the Russian Federation- “limitation of the client's rights to dispose of the funds in the account is not allowed, except for the imposition of an arrest on the funds in the account, or suspension of transactions on the account in cases provided by law»- without a court decision and in the absence of enforcement proceedings against me;
2. In this case, the Bank limited my right to dispose of my own funds through the remote banking system, despite the fact that from my accounts monthly, in full (according to the Bank's tariffs) and without authorization, the Bank pays remuneration to the Bank for servicing the settlement accounts using Internet technologies. The Bank unlawfully denied me to carry out transactions on my above accounts using the remote banking system. The bank did not unlawfully recalculate the fees for this service (Article 158 of the Criminal Code of the Russian Federation- theft).
3. Violation of provisions paragraph 2 of Article 845 of the Civil Code of the Russian Federation- "the right guaranteed to the Client by law to freely dispose of the funds available on the Client's account";
4. Violation Clause 2 of Federal Law No. 115-FZ of August 17, 2001 (with amendments and additions) - "transactions with funds ... are subject to mandatory control if (in relation to the counterparty) there is information obtained in the manner prescribed by law about their involvement in extremist activity or terrorism." In relation to me, taking into account the provisions of the above law, there is no such information, in this regard, the bank has no right to limit my rights to dispose of my own funds. Thus, there is libel in my address - article 128.1. RF Criminal Code;
5. Violation of provisions 115-FZ, providing only "Refusal to perform suspicious transactions" (paragraph 11, Article 7 of this Law), and not limitation of my rights to use accounts.
In addition, until my rights to use the account were restricted (suspension of transactions on accounts), the Bank did not ask me for any documents on transactions carried out on this account.
Thus, it also takes place article 10 of the Civil Code of the Russian Federation- "abuse of the right", article 285 of the Criminal Code of the Russian Federation- "abuse of office" and article 330 of the Criminal Code of the Russian Federation"Arbitrariness" - unauthorized, contrary to the procedure established by law or other regulatory legal act, the commission of any actions, the legality of which is disputed by an organization or a citizen, if such actions have caused significant harm.
6. Thus, without asking me for any documents confirming the transactions on the accounts, the bank unlawfully classified all transactions on my accounts as dubious;
7. Violation by the Bank of the provisions of the Central Bank of the Russian Federation - "Banking rules cannot contain provisions that contradict the legislation of the Russian Federation"(Instruction of the Central Bank of the Russian Federation No. 28-i dated September 14, 2006, as amended by the Bank of Russia Instructions No. 2342-U dated November 25, 2009, No. 2868-U dated August 28, 2012, etc.);
8. Violation of the provisions by the Bank Article 16 of the Law of the Russian Federation On Protection of Consumer Rights(and an individual entrepreneur is not a legal entity and belongs to consumers) No. 2300-01 dated 07.02.1992(with amendments and additions, in particular, as amended on 03.07.2016) - "the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are invalidated";
9. Considering that, according to the Bank's tariffs, for operations carried out using "paper technologies" the amount of payment significantly exceeds the payment for operations carried out using Internet technologies, there is a deliberate restriction by the Bank of my rights - article 163 of the Criminal Code of the Russian Federation (extortion).
Considering the above, I require:
1. Immediately understand the legality of the actions of the Bank's employees;
2. Within three days from the date of receipt of this request, remove all restrictions on my accounts;
3. Recalculate the monthly and annual commissions of the bank and provide me with a detailed calculation.
Otherwise, this issue will be resolved in court ”.
I warn you right away: the solution to this problem is rarely quick, but it must be solved, otherwise the blocking can drag on indefinitely, provoking questions from comrades from financial monitoring and more responsible organizations.
Friends, greetings! I'll start without further ado: my partners are increasingly reporting that Sberbank blocks accounts, cards and online banking, and often without the ability to restore them. If you are working with investment projects, cryptocurrency exchanges or exchangers, and also just used to save their nerves, I recommend cutting your Sberbank cards and moving to another bank. All the details are below.
What's the big deal, Scrooge?
From about the end of September to the beginning of October, Sberbank experienced an exacerbation, and he began to violently perform “ the federal law on counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism "dated 07.08.2001 No. 115-FZ.
According to it, the bank can block your account, card and online banking without warning if it thinks that you are behaving suspiciously, for example:
- money from legal entities comes to your card for no reason;
- money suddenly came to your card from a counterparty with signs of transit;
- you too often receive money / make transfers to individuals;
- you regularly top up your account with a large amount;
- and regularly withdraw funds from the card.
However, more often than not, the account is still blocked with a warning - they call, ask to explain what, to whom and why they transferred it, ask about the sources of income and explain what is happening by concern for the safety of money.
However, if something goes wrong, unlocking will require documents confirming the legality of the transaction and its expediency, as well as proof of income.
What is FZ-115?
The notorious Federal Law No. 115, which fights against the financing of terrorism and money laundering, has been in effect since 2001 and until 2016 there was no particular movement in it. As Nikolai Timofeev, Deputy Director for Risk Management at Tochka Bank, said in an interview, the current kipish is due to the fact that the Central Bank has tightened regulation of the banking sector, and Elvira Nabiullina threatened to make everyone atat.