Financial monitoring of Sberbank requested documents. What to do to prevent the bank from closing the account
Financial monitoring of banking operations in the Russian Federation
Due to the large number of worries and questions about where and when banks knock on the money coming to your accounts, as well as fears for their fate, I’m telling you.
The income you earn is usually of interest to the state in two contexts:
1. Are they taxable and, if so, have they been taxed? Here is a topic about taxes for players http://antourage.pokeroff.ru/blog/note/1060193/, where we talk about it in detail.
I just want to add that for any amount of money entering your account, the bank, on its own initiative, DOES NOT KNOCK IN TAX, incl. on the so-called "purchase and sale operations valuable papers"With a direct bank transfer from your wallet to your bank account through the Guarantee Agency LLC (AG), an authorized agent of the WebMoney system for this operation (the myth here is that the bank knocks, but in fact the bank does not knock, but if who can knock, then only AG, because it is it that buys from you electronic checks and by law is obliged to inform the tax office about the payment of income to individuals. person) * upd: 03/29/2010 spoke with AG specialists, they said that they do not serve in the tax info for each client *. The bank has NO LEGAL BASIS for such a knock! At the same time, at the request of the tax and other competent authorities for a specific person, the bank is obliged to provide any information if the request is made in strict accordance with the laws of the Russian Federation. we have the concept “ bank secrecy". Just like that, neither the tax, nor other competent authorities will make a request to all banks of the Russian Federation at you, and the fact that you have an account with a specific tax bank "by default" is not known, because by law, neither you nor your bank is required to inform anyone about this, unless the account is with a foreign bank.
2. Is your proceeds criminal and related to the financing of terrorism? If, suddenly, just such a question arises from your bank, looking at the operations on your account, this is really a nuance, the possible extreme of which is the need to run around the bank with honest eyes, and maybe even through the authorities, explaining that you are not a criminal and not a terrorist, but honestly win at poker. No, of course, according to the law, you are not obliged to prove your innocence, but then your account will simply be frozen indefinitely while they will prove your guilt.
In this issue, everything revolves around Law No. 115-FZ "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism." The supervisory authority is Finmonitoring, more precisely federal Service on financial monitoring (Rosfinmonitoring) and it is to this organization that all banks in the Russian Federation are obliged to report if something happens.
When is your bank going to snitch on you? It is mistakenly considered that the bank is knocking - only if the amount of one operation on the client's account is more than 600,000 rubles. (or currency equivalent). In fact, the bank has the following list of legitimate reasons for knocking relatively common among the professional banking player:
a) Obliged to knock on the amount of the transaction over 600,000 rubles. using cash, including:
- purchase or sale of foreign currency in cash by an individual;
- purchase of securities by an individual (this is not about WebMoney, but, for example, about Gazprom shares) for cash;
- receipt by an individual of funds on a bearer check issued by a non-resident;
- exchange of banknotes of one denomination for banknotes of another denomination.
b) Obliged to knock on the amount of the transaction over 600,000 rubles. on cashless transactions client, including:
- crediting or transferring funds to the account, if the sender of your money is located in a state that does not participate in international cooperation in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism;
- money transfers carried out by non-credit organizations on behalf of the client;
- receipt of funds in the form of payment for participation in a lottery, totalizator (mutual bet) and other risk-based games, including in electronic form, and payment of funds in the form of winnings received from participation in these games (author: nothing does not remind?;)
c) I am obliged to snitch, if you make a transaction with real estate in the amount of 3,000,000 rubles or more. (or currency equivalent).
There are some other points in the law when it is the bank that MUST “inform where it should be” about the client's transactions exceeding the amount of 600,000 rubles, but they have practically no relation to us.
And, now, pay attention to one more norm of the law in question.
I quote paragraph 3 of Art. 7:
“In the event that employees of an organization (ie your bank) carrying out transactions with in cash or other property, based on the implementation of ... programs for the implementation of internal control, SUSPECTIONS arise that any transactions are CARRIED OUT for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, this organization, no later than the working day following the day such operations, IS OBLIGED to send information about such operations to the authorized body, REGARDLESS OF THAT, whether they relate or do not relate to the operations provided for in Article 6 of this Federal law».
Those. banks are OBLIGED to report to Financial Monitoring not only about large transactions of clients (from 600,000 rubles according to the list of requirements, and from 3,000,000 rubles on real estate transactions), but also about all suspicious transactions, REGARDLESS OF THEIR AMOUNT.
This means that if, for example, only $ 3,000 (less than RUB 100,000 at the current exchange rate) came to your bank account (card) from the room, but the bank employees, based on internal rules, considered the operation suspicious (doubtful) - THEY MUST inform about her in Finmonitoring. The risk of this is higher if your bank is small, and the sender of your money is not clear on which islands, what is the whole event for currency control small bank. Naturally, the systematic nature of such receipts is also taken into account.
By law, to common grounds consider banking operation doubtful, include, including:
- the confusing or unusual nature of the transaction that does not have an obvious economic sense or an obvious legitimate purpose;
- repeated execution of operations or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade the mandatory control procedures provided for by the Federal Law (for example, a cashout in dollars from a room is not RUB 600,000 at the Central Bank rate, but three cashouts in a row of 200 000 rubles).
Based on the letter of the Central Bank of the Russian Federation No. 161-T dated December 26, 2005, dubious transactions in particular may include “regular transfers of large amounts of funds from third parties (except for loans) to bank accounts (deposits, deposits) individuals with the subsequent withdrawal of these funds in cash or with their subsequent transfer to bank accounts (deposits, deposits) of third parties within a few days. "
Consequences of falling under suspicion own bank can be different: from confidential conversations with employees of the currency control and security service with a written justification of operations and the provision of additional documents, before the operative work with you of employees of more competent structures. In any case, a lot will depend on your openness and honesty, because it is not prohibited to win online and receive winnings in our bank account.
Possible sanctions for falling under suspicion:
a) the account is working, funds are available, but you were invited to the bank for an explanation;
b) automatic blocking of the account for 2 days, talking, understanding each other, unblocking the account;
c) account blocking for 2 days, we talked, did NOT understand each other, the case was transferred to Financial Monitoring, the account was blocked for an additional period;
d) the account is blocked, you are being dragged to all authorities, everything is serious, slowly and indefinitely.
1. Receive bank transfer already in rubles through Russian organization... For example, from the room to WebMoney and then to the bank. Convenient for individuals. persons, and for individual entrepreneurs with a 6% tax. Receipts to ruble accounts within the country are much less suspicious than to foreign currency ones and from abroad. It is advisable to do this through a bank that is loyal to WebMoney, or even better, through a bank - an official partner or an authorized agent of WebMoney. The only more or less serious nuance in this scheme is the possible transfer by an authorized agent of information about transactions to the tax office, like buying electronic checks (securities) from a citizen. I emphasize that, according to the law, the organization that buys your electronic checks (WMR) is obliged to inform the tax office, and not the bank where the transfer comes to your account. * upd: 03/29/10 I spoke with AG specialists, they said that they do not serve in the tax information by name for each client *.
Today, by the way, there are already examples of banks, WebMoney partners, which, when withdrawing WMR, credit rubles to your account with neutral wording, without connecting the operation with the purchase and sale of securities, at the same time, it is not yet clear where electronic checks disappear. after all, someone should have bought them from you ...
2. Have several currency and ruble accounts in different large banks(VTB24, Alfa-Bank, Sberbank, etc.) and alternate unequal cashouts small amounts no more than once a month in each of them. Naturally, each account must have a card (preferably multicurrency) for the possibility of prompt round-the-clock access to money. Manage your accounts and cards via Internet Banking.
If the bank found the systematic receipts to your account from foreign sources as suspicious (doubtful), in order to avoid blocking the account and transferring the issue to Financial Monitoring, I recommend immediately at the first request of the bank to provide Required documents, confirming that you win this money in poker on foreign sites, and to receive winnings, if you use, you use international electronic payment systems, which transfer them to Russia. Be sure to print out the documents (preferably in Russian) confirming the international legality of the activities of these payment systems, and the control of their activities by national financial regulators.
Everything that you tell your bank, and if it is necessary for Finmonitoring, about the nature of the origin of your funds and the chain of their transfer to Russia, does not contradict the laws of the Russian Federation.
With your honesty and openness, coupled with the sanity of the bank's employees, the question should not go away to Rosfinmonitoring, with its price of up to RUB 600k. And in the tax (see paragraph 1 of the article) - UNDER ANY CIRCUMSTANCES.
If the question still went to Finmonitoring, they may ask you, they say, if everything is so simple, legal and honest, then do you pay with these winnings in Russia? income tax? Tell them that the deadline for filing an income tax return is April 30, and you are planning to do so in the near future. If in time it is relevant to submit the declaration only next year, say that, as required by the law, submit it next year and, if the Financial Monitoring is necessary, bring the relevant certificate. If this year you forgot about the declaration or expired, I recommend not to reinvent the wheel and speak as it is. It is one thing not to pay a fine in the traffic police on time, and it is quite another when, listening to unintelligible answers and looking at shifting eyes, they conclude that a person is not saying something, and they suspect him of international terrorism (especially when it comes to large permanent transfers from unknown offshore companies). At this point, you know, you can't get off with Finmonitoring alone. In general, the more honest, the better, and the main thing is not to be afraid)))
3. Have accounts in international electronic payment systems (Moneybookers, Neteller, etc.), keep part of the capital there. Not only are they not under the control of our supervisory authorities, but also the funds in these accounts are legally not subject to taxation in Russia, tk. you have not actually received it.
4. Do not withdraw the money received to the account in full immediately upon arrival or within the next few days. Do not transfer them at the same speed to other accounts.
5. Alternate everything, incl. other legal methods available.
To the general recommendations, it is worth adding the need to pay tax residents RF tax on income from foreign sources, which removes the burden from the shoulders, and also significantly facilitates contacts with any controlling state bodies in general and in case of any misunderstandings in particular.
The bank is obliged to check every transfer and receipt of clients. These responsibilities are spelled out in Federal Law No. 115, which describes the rules for combating money laundering.
In the bank, clients are checked by a special department - financial monitoring. Financial Monitoring analyzes payments and receipts, requests documents and determines the honesty of the client company.
The bank filters out some of the potentially dangerous customers when it opens an account. But unscrupulous clients still come across. Money from bribes, kickbacks, fraudulent schemes or arms trade is transferred to their accounts, and clients withdraw it in cash. Or vice versa, they transfer money to shell companies in order to get cash and not pay taxes. If the bank has such clients, it is considered an accomplice, and for such a license may be revoked.
In general, the rule is this: if a client refuses to confirm the money that passes through the accounts, he has something to hide. If you get annoyed and do not answer bank calls, employees will block remote access, and the client will not be able to transfer money. If things are really bad, the bank will close the account and other banks will not want to open an account for a client with such a history.
Financial monitoring staff are not enemies. It is not profitable for the bank to close accounts, and it spends a lot of money on checking customers and maintaining an entire financial monitoring department. The bank wants to believe in your honesty, help him.
Banking Guidelines: 2014 and 2016 letter
To help banks fight money laundering, the Central Bank has developed guidelines on how to catch dishonest companies. Based on these recommendations, the bank develops its own rules for checking customers.
Pay taxes
Recommendation. The first rule of an honest customer is to pay taxes. The tax for an individual entrepreneur or LLC must be at least 0.9% of the turnover on the account. This minimum requirement... If it is violated, financial monitoring checks the company.
Problem. Companies open accounts with several banks and pay taxes on only one. Other banks do not know about this and begin to doubt the honesty of the client: there is money in the account, but there are no taxes.
There may also be too few taxes. Usually this is a problem of companies that save on personal income tax and insurance premiums. Officially, they pay employees the minimum wage and give the rest in envelopes. Or, in general, the entire salary is paid in an envelope.
What to do. If you don't want to arouse the bank's suspicions, use the following tips:
Pay tax at every bank in which the company has a current account. When banks see taxes, they have no reason to worry. If, nevertheless, you pay taxes in only one bank, save the payment bills. When the bank asks questions, payment systems will help you pass the check faster.
Pay NFDL for the transfer to an individual. Personal income tax is better pay at the same time as payment, but according to the law, the entrepreneur has a day. If financial monitoring sees the transfer, but does not see taxes, it starts checking.
Pay 0.9% of the account turnover. It's enough to pay to keep this bar to CEO average salary on the market and register all employees for work. Personal income tax and insurance premiums from full salary are enough for 0.9% of sales taxes.
When calculating taxes, be guided by the tax burden of your industry. What is the tax burden is a topic for a separate article, but in fact, it is a tax that the state expects from the company. If the company pays less than this figure, the tax office can start its own audit.
The minimum tax burden in 2015 is 1.4%. If the company pays less than 0.9% of the turnover on the account, it will have to check the financial monitoring and, possibly, the tax authorities.
It is better to get used to paying more than 0.9% of sales taxes. The minimum bar will rise.
Do not withdraw cash
Recommendation. The second rule is to withdraw cash seldom and little, and it is better not to withdraw cash at all. Banks pay attention to customers who cash out, but set limits on how much money can be withdrawn without checks. The bank's decision depends on the specifics of the client's business. Let's take an example:
Valery is a programmer. He does not rent an office for work, he has no employees, and he does not use the services of contractors. All that came to the account is Valery's income. Financial Monitoring understands this, and he has no questions when Valery withdraws money.
Egor resells fruits and vegetables. Once a month, he withdraws money that clients transfer to him, and he himself does not pay anyone from the account. Financial Monitoring does not understand what is happening.
If Egor resells fruits, he must buy them from someone and pay for the transportation. Most likely, he has employees, and they also need to be paid. Financial Monitoring does not see these payments, therefore it suspects that the client has opened a fake company to illegally withdraw money. Or maybe he withdraws money and pays off all in cash. This is also wrong. To figure it out, financial monitoring starts checking.
Problem. Customers can have different reasons for using cash. Sometimes it’s more convenient to pay with partners, sometimes it’s to give money to employees on account of the report. But in any case, this is suspicious for the bank.
What to do. In order not to arouse suspicion, we advise this:
Card versus cash
Pay expenses through a bank, card or account. Depending on the bank, the card can be used to pay for a large purchase.
Individual entrepreneurs use the card for themselves and their business: they buy food in a store, advertise on Facebook or a souvenir. LLCs pay only for the needs of the company: dinner with a partner, purchase of office paper or rent of a presentation hall. Each payment to the LLC must be confirmed by checks or receipts.
Reporting cards is easy. If the taxation system does not include expense accounting, there is no need to confirm and justify payments from the card. Companies whose tax is dependent on expenses keep receipts and card receipts. They are given to the accountant, and the accountant includes them in the report.
Issue salaries through salary project bank and do not issue cash. The bank will help to draw up a statement, calculate payroll tax and transfer salaries to employee cards. The bank will be aware of where the company's money goes and how it pays personal income tax for employees, and will stop requesting documents.
Retain supporting documents if paying in cash. Sales receipts, waybills, a contract will do - everything that proves that you gave the money for a real service to a real company. Documents will not help you avoid verification, but will help speed it up. The accountant will need these documents for reports.
Describe payments clearly
Problem. Entrepreneurs often do not pay attention to the wording in payments. Some people think that the bank does not care or that it will understand that the transaction is legal. This is not true. The bank will not understand without explanation.
What to do. Our advice is to describe the services in detail in payments. In all payment orders, write the number and date of the contract, the name of the service or product. If you lend to a friend for business or buy precious metals, also write in detail. The wording in payment orders must match the text of the agreement and acts.
For invoice payments without a contract, the rules are the same.
Suspicious
Payment under the contract
Issuance of a loan
Buying gold coins
clear
Payment for the supply of means for combating rodents "Baktorodentsid" under contract No. 12 dated 02.26.2016
Issuance of a loan at 15% per annum under agreement No. 10 of 08/01/2016, total amount contracts 1,000,000 rubles
Purchase of gold coins under contract No. 1 dated 02/01/2016, the total amount of the contract is 300,000 rubles
Work according to the selected OKVED codes
Recommendation. The fourth rule is to work in the directions that you have chosen. If an entrepreneur has to hold corporate events, and money comes for corporate events and the sale of building materials, financial monitoring starts checking.
Problem. OKVED codes are written down when a company is opened, and during their work, entrepreneurs can increase their business lines. For example, an individual entrepreneur started out as a website designer, now he also teaches design courses. Money comes for services that are not in the IP documents.
What to do. Our advice is to add new ones OKVED codes... To do this, write an application for new codes, certify it with a notary or put a digital signature and give it to the tax office. Tell the bank about the new codes.
If the charter of an LLC stipulates that it can only engage in a certain business, you will have to change the constituent documents and transfer the information to the tax office.
Application templates are published on the tax website: form R24 001 - for individual entrepreneurs, form R14 001 - for LLC.
If there is no time to understand the application, ask the bank to help you. Banks for entrepreneurs usually have a legal and accountant service.
Don't add too much. If you add OKVED for the transportation of goods, design and trade in tires, financial monitoring will begin to doubt the legality of the business. Financial Monitoring will ask you to justify how one company plans to develop such a different business.
Don't work with ephemeral
Problem. Small businesses do not have the money for the security service like Gazprom does. Sometimes the company does not even know that the partner is unreliable, and it itself bears risks in its work.
What to do. Our advice is to check partners. To understand whether a partner is one-day or not, the company's reliability report will help. Such reports are offered by some banks, tax and services such as “My business. Bureau "," Sparka "," Contour-focus ". Reports may contain information about financial indicators, date and place of registration, share capital, owners, beneficiaries and legal claims.
The report does not give a 100% answer, but if the reliability rating is low, it is an alarming sign:
The company did not pass the test of the service “My business. Bureau "- the reliability rating is low
The Spark service also publishes risk factors for companies. For example, this LLC often changes its manager, clients and partners sue it - these are signs of an unreliable company. Perhaps the company is a fly-by-night.
Another way to check partners is through your own investigation. It is difficult, but we will describe two signs of a one-day company that you will see without special knowledge:
massiveness of the address. If a company is registered in an office in a non-residential building and more than ten companies work there, this is a bad sign. One-day vacationers save on rent, so they register in business utilities. To check the address for mass, type it in on the website of the tax office.
Business centers do not count: the company rents an office there and registers at this address, this is normal. Therefore, Moscow City is not a business communal apartment.
the number of employees. If the LLC officially employs one employee, most likely the company is avoiding taxes. Usually in ephemera, the leader and Chief Accountant Is one and the same person.
Good day!
Indeed, banks are empowered to freeze accounts if there are reasonable grounds to suspect that your company is involved in terrorist activities. Banks often exceed these powers. This can be, for example, when an account has been opened recently, a confusing or unusual nature of a transaction that does not have an obvious economic sense or an obvious legitimate purpose, the transaction does not correspond to the goals of the organization's activities established by the constituent documents of this organization, the identification of repeated transactions or transactions, etc.
after my demand to explain the situation, they began to talk about the issues of their financial monitoring of the origin of funds. And only on a request to give a written explanation of their claims received this document. With reference to No. 115-FZ: provide all documents on transactions. No problem: a contract, an act of completed business transactions, an invoice for payment - provided. As it turned out, this is not enough. We also need consignment notes!
Victor
Within the meaning of Law N 115-FZ, a bank client has an obligation to request documents necessary to identify payments and record information containing information about the operation being performed, while the bank has the right to refuse to execute the client's order to perform an operation for which the documents required are not submitted to record information in accordance with the provisions of this Law, as well as if there is a reasonable suspicion that the operation is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.
The bank, in fact, did not take any measures to resolve the conflict. And the incompetence of the employee at the request of the TTN for the provision of services is simply amazing.
In addition, in the event of litigation, the bank is obliged to prove that the transfers made by the client (as transactions) are contrary to the law, that is, they are confusing or unusual in nature, do not have an obvious economic sense or obvious legitimate purpose, do not correspond to the goals of the organization. established by the constituent documents of this organization.
If the bank really exceeded such powers, you can collect a forfeit and losses, if any.
Best regards, Sergei P.
If you need help, incl. and in court, you can apply!
Good afternoon.
1. First of all, I would like to note that all blocking of cards of individuals (as well as blocking of current accounts of companies / individual entrepreneurs) is not some whim of the bank or some accident that cannot be predicted, but the consequences of your violations.
In short, there is already a fairly well-known law 115-FZ "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism." In the law itself, there is little specifics, namely, it says that transactions for one-time amounts of six hundred thousand rubles are controlled and they are really controlled, but this will not help you in any way to understand the reasons for blocking cards, since banks control many other operations and in many other parameters.
In general, everyone who performs a large number of transactions with cards is at risk - freelancers, online stores and other companies that receive payment for goods / services on cards of individuals, those who receive non-salary payments from legal entities. individuals / individual entrepreneurs, cryptocurrency traders, financiers, those who play on exchanges receive payments from bookmakers, those who use online exchangers, who receive large sums from abroad and a huge number of other persons whose activities are associated with the commission of a large number of card transactions.
Certain specifics are set out in the Appendix to the Regulation of the Bank of Russia dated March 2, 2012 N 375-P "On requirements for the rules of internal control credit institution in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism ”- there is a list of 18 pages, which contains the parameters by which banks must identify suspicious transactions.
How it looks in practice - the Central Bank has developed criteria for identifying suspicious transactions, banks, based on these criteria, have developed their own automated systems that automatically track all transactions according to specified criteria, and if the system recognizes your transactions for a certain period as suspicious - you a request for 115-FZ arrives.
Therefore:
A) Requests for 115-ФЗ are generated automatically by an automated system. Many people think that this particular person is sitting in the bank and he chooses whom to get to the bottom of, to whom to send a request. This is not true! All requests are sent automatically if you do not comply with the parameters for which it works automated system jar.
B) Allegations that "banks are insolent and block whoever they want" is all nonsense. Requests are formed on the basis of strictly defined criteria, there are no “random” requests. Moreover, I note that the specified criteria of the Central Bank are the same for all banks, therefore, according to my practice, stories in the format “Sberbank constantly blocks, but bank“ xxx ”does not block anyone” - this is also nonsense. There are certain differences between banks, and sometimes quite significant, but the general vector for all banks is still the same and there are risks when working with any bank.
On the other hand, I would like to note that there are indeed many blockings that are unreasonable, and in my practice, a significant part of blocking of banks can be challenged in court, but in all cases it is better not to rely on challenging the actions of the bank, but initially to work so that you do not receive requests.
C) The very fact of receiving a request is already evidence that your transactions in the bank are recognized as suspicious and, accordingly, this already means that since you worked before the request, you cannot continue to work, otherwise the request may come again even if the bank is all for the first time. will remove the claim (even if all operations are formally legal).
D) I also note that the same requirements equally apply to payment systems (Yandex.Money, Qiwi, WebMoney wallets, etc., although in practice they are generally more loyal).
2. Regarding the blocking procedure. The order is usually as follows:
A) You do not comply with the criteria of the Central Bank.
B) The system automatically generates a request that you receive, in which the bank asks you “ economic sense ongoing operations "and a number of documents that should help the bank determine whether your operations are related to something illegal or not. At this stage, as a rule, the bank already limits the ability to use the card until a decision is made on the result of the justification and documents you provided.
C) You provide the requested documents.
Here, in practice, the most common mistakes are the following:
- a person begins to wave a checker and declare that the bank's actions are illegal, I have not violated anything (see clause 1 and the arguments that requests do not come just like that, although banks really often ask for a lot of "superfluous" and similarly often requests come to situations when you did not even close to anything illegal) and refuses to provide documents. By such actions, you actually refuse to fulfill the obligations imposed on you to provide documents under 115-FZ and this entails very bad consequences up to including you on the Central Bank's blacklist (where there are already about 500,000 people and companies, a huge number of which are really not engaged in any crime, but simply carried out operations incorrectly, or took the wrong position after receiving a request for a bank).
Also common mistake- a person does not need a card much (for example, there is no money on it and there is no interest in using it either) and he decides, they say, I will not provide anything, I will close it and that’s all, since I don’t need it.
Another common mistake is to count on the fact that you will be able to fight off any claims by providing agreements in support of transfers, regardless of the nature of the transfers. You need to understand that the bank can block you not only when there is direct evidence of your violation of the law, but also when the nature of the transactions itself gives reason to believe that the transactions may be related to illegal activity, even despite the documents you have provided. The practice of specific banks is of great importance here.
It is also a common mistake to give an answer without preliminary analysis situations with a lawyer, since there are a lot of other small and often formal aspects of interacting with the bank at the stage of receiving a request, if not observed, you can get a blocking even in a situation where it could have been avoided and when you really performed exclusively legal transactions.
D) A specific bank employee examines the documents and, as a result, makes a decision on your situation (accordingly, at this stage there is already a certain dependence on a particular bank employee) and either removes all claims and all restrictions on the card, or leaves the blocking in force and, as a rule, in this If you are asked to write an application for closing the card "by on their own". Also, in practice, after receiving the documents, sometimes the bank may request additional documents.
3. You may ask - they say, how is it, my friend / acquaintance spends huge amounts through cards and no one blocks anything for him despite all the restrictions, but why then they blocked me?
The answer is quite simple, several options are possible:
A) Your friend / acquaintance deliberately / unknowingly performs operations in such a way that they are not recognized as suspicious in the bank / payment system, since if the criteria are met, you will not receive a request.
B) It's just that the total duration of transactions has not yet led to the recognition of transactions as suspicious and blocking, and sooner or later this will happen.
4. Consequences. Based on my practice, I can say that:
A) In case of blocking, an unambiguous consequence is spoiled relations with the bank that blocked you, that is, cards / accounts will no longer be opened for you here. Although there are still exceptions here.
B) A worse consequence is the inclusion in the black list of the Central Bank. If you really engage in crime or if your operations are not related to anything illegal, but at the same time you take the wrong position in dealing with the bank, there are serious risks of being blacklisted by the Central Bank, and in this case, not only the one who blocked you will not want to cooperate with you bank, but any other bank in general, since all banks will see that you are on the Central Bank's black list.
sustainable small business in Russia
If you are an entrepreneur, any bank can suddenly block access to your account.
The reason is the suspicion of cash out. But it's not about you, it's about the Central Bank.
Russia is struggling with cash-out and tax evasion. There is a whole industry out there, and the Central Bank is constantly looking for ways to outplay it.
At the current stage, banks are involved in the struggle: they are obliged to block any operations that look like cash out. Even honest businessmen can fall under the sanctions of the bank: it is enough to accidentally carry out several suspicious transactions.
In this article - how not to become an accidental victim of the law's struggle with cunning.
What kind of cashiers
Cashiers are guys who convert official account money into unofficial cash.
A company that needs cash enters into a contract and pays for some non-material services, such as consultations. Another company renders them, as it were. But in fact, she withdraws the money of the shell company, which transfers it under fake agreements through transit companies, and at the end of the chain the money is withdrawn as cash. As a result, the first company is brought a bundle of money, from which the entrepreneur issues gray salary avoiding taxes and fees.
It is illegal to cash in and use such services. We do not recommend doing this and we hope that you will never have to face it.
If the Central Bank notices that a bank is helping cashiers, it briskly revokes its license. Then the money of all clients is blocked, and if your deposits are insured, then you will receive them through the DIA in two weeks. If not, you probably won't. As a result, a dozen cashiers with accounts in one bank can throw problems for thousands of customers.
In order not to let their customers down, banks are forced to monitor suspicious transactions on their own. For this, all banks have a financial monitoring department. What exactly and how to monitor, the Central Bank tells them.
We will tell you what to do for honest entrepreneurs so that they are not considered cash-in.
Check contractors
If your firm works with suspicious companies, it may be considered a transit country - part of a cash-out chain. Therefore, before you start working with a new supplier or client, make sure it is reliable.
Suspicious: the counterparty is located at the mass registration address. Check how many companies are registered at the counterparty's address - the easiest way to do this is on the FTS website. Type in the address into a search engine and see what kind of building is located there: if this is not a business center and 15 companies are registered there, then this is the address of mass registration.
Suspicious: A company director is listed as a director in many other firms. The directors can also be checked on the tax website.
Very suspicious: the counterparty has a lot of arbitration cases, orders of execution for non-payment of taxes and claims from counterparties for failure to fulfill obligations. Check in the filing cabinet of arbitration cases.
Everything can be checked at once on the website of the tax office in the section of the Unified State Register of Legal Entities, in the services "My Business Bureau", "Spark", "Contour Focus".
Describe the transfers in detail
When you send a payment, describe in detail its purpose: basis, date, VAT. If there is no description of the payment, financial monitoring can initiate an investigation.
If the bank has any suspicions about the authenticity of contracts or accounts, you will be asked to provide them. Usually, they give at least one working day to provide, during this time it is realistic to collect documents if they are nearby. It is more difficult if the originals are signed by the counterparty. But more often photos are enough to confirm. You can ask the counterparty to photograph the documents on the phone and send them.
To prevent questions, describe the payments in detail and keep the originals or scans of the agreements close at hand.
Work your way
OKVED-2 codes show what the company is doing. They are chosen when registering an enterprise. You should only be paid for what is written in the okweds.
For example, a company tells the state: “I will be engaged in the restoration of works of art” - therefore it chooses “Activities in the field of artistic creation” - code 90.03.
Securely: no one will have any questions if such a company receives money for the restoration of a painting or antique table from the museum collection. This activity is in accordance with the registered okweds.
Suspicious: if money comes for abstract "financial and consulting services", the check will begin for sure. The tax office can also be fined 5,000 R for incorrect provision of data.
If you understand that the company is growing and new lines of business are emerging, just add okveda codes. To do this, you need to certify the application with a notary and submit documents to the Federal Tax Service. State duty - 800 R, for individual entrepreneurs - free.
Don't withdraw all the cash
As soon as the individual entrepreneur begins to withdraw all the money from the account, they come to him with a check. IPs are most often used as end links of the chain, so special attention is paid to them here.
Suspicious: SP receives 300 thousand and the next day withdraws all the money from the ATM.
Safely: The individual entrepreneur receives 300 thousand and transfers part of the money to a personal account, and spends part from the card linked to the account. An individual entrepreneur can buy even equipment for the company with a corporate card, even sausage in "Auchan". If the individual entrepreneur has “income minus expenses”, then the sausage simply does not need to be claimed for deduction. If it's just “income” - nobody cares about purchases at all, you can always and everywhere pay with a corporate card.
In Tinkoff Business, individual entrepreneurs can transfer up to 150,000 rubles a month to their own Tinkoff map Black and get cashback for buying sausages. But if every day you receive 150 thousand and immediately transfer to your card, after which you cash out at an ATM - financial monitoring may get worried.
Pay taxes and fees
Companies are required to pay taxes and fees. Banks are obliged to monitor this. But there is a discrepancy: companies can open accounts in several banks and, theoretically, pay taxes from any of them - the law is not prohibited. But all banks monitor taxes at the same time: everyone wants you to pay through it. As a result, if you have accounts in two banks, and you pay taxes on only one, the second bank will begin to suspect you.
Safely: pay taxes in parallel on all accounts. For example, from one - income, and from the other - contributions.
Having multiple business accounts at multiple banks is a good thing. If the license of one of the banks is revoked, not all money will be frozen.
Fine: pay taxes and fees from one account and keep a copy of the payment order at hand in order to show it to financial monitoring if something happens.
There is also a tax burden on the field of activity. It determines the percentage of taxes on the company's turnover by type of economic activity and varies from 1.4% to 41.5%. If you pay less than the average in the field, then the tax office will come to the office with the check, not the bank.
If a company or entrepreneur works with individuals, then they are almost always tax agent and must withhold and list in personal income tax for an individual. If you send money to an individual, but do not pay tax within a day, questions will begin.
What to do if you are suspected
The bank does not immediately block service for suspicious transactions. Usually the procedure looks like this:
- A specially trained robot catches suspicious transactions and issues a report.
- A live analyst looks at transactions and decides if they are suspicious or not. If there are suspicions, an investigation is opened.
- A bank employee contacts the entrepreneur to request supporting documents: accounts for which payment is being made, copies of contracts. Banks give from 1 to 10 days for the entrepreneur to send required documents- usually it is enough to photograph them and send a photo. If there is no doubt about the honesty, the investigation is closed.
- If the entrepreneur did not respond to the bank's request in any way or does not show documents, then it is blocked remote service accounts - it will not be possible to log in via the Internet bank and withdraw money.
- To unblock the service, the entrepreneur only needs to submit the requested documents to the bank. If there are no documents, the money will remain on the account, but it will be possible to pick it up only after contacting the bank.
Financial monitoring works to protect all bank customers from license revocation. Therefore, employees never block account maintenance indiscriminately, and real sanctions begin only when the entrepreneur starts hiding. Account servicing is not blocked by chance.
Operations subject to mandatory control under Federal Law 115
FZ 115 operations subject to mandatory control (Federal Law "On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism" dated 07.08.2001) describes in sufficient detail. Our article will tell you about deals that are under special control.
Operations subject to mandatory control due to the terms of the transaction
First of all, special control is placed on transactions that meet two conditions:
- The transaction price is equal to or more than 600,000 rubles (or a similar amount in foreign currency).
- By its nature, the transaction belongs to one of the types of financial actions listed in clause 1 of Art. 6 of the aforementioned law.
It is to such operations that the law refers:
- withdrawal or crediting of cash to the organization's account, if this procedure does not follow from the specifics of the business of the company;
- purchase and sale of currency by a citizen;
- purchase by a citizen of shares and other securities for cash;
- receipt by an individual of money on a bearer check, if the check is issued by a foreign citizen;
- exchange of banknotes of various denominations;
- payment by an individual of a share in cash to authorized capital organizations.
If one of the parties financial relations is registered, lives or is located in a country that does not follow the recommendations of the Development Group financial measures anti-money laundering (the list of states is established by order of Rosfinmonitoring dated November 10, 2011 No. 361), or accounts in banking organizations registered in such countries are subject to special control:
- crediting or transferring money to the account;
- issuance or receipt of a loan or loan;
- manipulations with securities.
Read also: How to register from the army
In addition, some operations related to the movement of funds on accounts are especially controlled:
- depositing money into an account with registration of documentation for undetermined third parties;
- opening a deposit in the form of cash funds for other persons;
- transferring funds to an account abroad or receiving money from abroad, if the second party is an anonymous owner;
- crediting or withdrawing money from the account of a legal entity, the period of activity of which does not exceed 3 months or the account of which has not been used since the day the company was founded.
Also Art. 6 determines that certain transactions with movable property are subject to control:
- delivery of jewelry, scrap from them, precious metals, precious stones and other valuables to a pawnshop;
- payment of insurance to a citizen or acceptance from him of an insurance premium for life insurance or another type endowment insurance and pension provision;
- acquisition or transfer of property through leasing;
- transfer of money at the request of the client by a non-credit company;
- purchase and sale of jewelry, scrap of such items, precious metals and stones;
- acceptance or issue of money (including in electronic form) related to participation in lotteries, sweepstakes and other gambling;
- provision by non-credit firms interest-free loans or they have received such loans.
Financial processes subject to control due to the transaction price
Depending on the value of the transaction, subject to mandatory control operations other transactions may also be recognized (i.e., not meeting the conditions specified above). Such transactions include:
- Purchase and sale, donation, exchange and other operations related to the transfer of ownership of property, in the amount of more than 3,000,000 rubles (or its equivalent in foreign currency).
- Acquisition by a non-profit organization of money or property in the amount of 100,000 rubles or more (or its equivalent in foreign currency), if such a transfer is made on behalf of a foreign state, an international or foreign company, foreigners or stateless persons. The expenditures of a non-profit organization in the amount of 100,000 rubles or more are also subject to control.
- Movements in the accounts of enterprises strategically important for the defense industry and the security of Russia or organizations directly or indirectly controlled by such enterprises in an amount equal to 50,000,000 rubles (or its equivalent in foreign currency) and more.
- Crediting or debiting of money, as well as operations for the first crediting of funds to the accounts of the prime contractor or participant-executor of the supply of products under the state defense order in the amount of 600,000 rubles or more. Further credits and debits are subject to control only when operating with amounts of 50,000,000 rubles or more (or their equivalent in foreign currency).
Business procedures subject to control due to the party to the transaction
V mandatory transactions are monitored if there is evidence of the involvement of one of the parties in extremism or terrorism, or control of a party to the transaction by persons allegedly involved in extremism or terrorism. The procedure for identifying persons involved in extremism or terrorism is established by Decree of the Government of the Russian Federation dated 06.08.2015 No. 804.
At the same time, citizens included in such a list, for the sake of ensuring the existence of themselves and family members who do not have independent incomes, have the right to:
- operate money or property to receive or spend a salary in the amount of not more than 10,000 rubles per month for each specified person;
- conduct transactions with money or property to receive or spend pensions, scholarships, allowances and other social benefits, as well as to pay taxes, fines and other mandatory payments;
- operate with money or property in order to fulfill obligations that occurred before the person was included in the list of persons involved in extremism or terrorism.
Thus, controlled in accordance with Law No. 115-FZ financial operations represented by a fairly wide list. It is advisable to get acquainted with it in order to avoid problems and misunderstandings for all persons engaged in business and other financial activities.
Rosfinmonitoring
Financial monitoring Is an outside observation state structures per economic activity companies and businessmen, their cash flows, control and supervision over the conduct of certain financial transactions.
Financial monitoring is carried out in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism.
Control over how companies and entrepreneurs comply with legislation in this area is carried out by the Federal Service for Financial Monitoring - Rosfinmonitoring (clauses 1 and 5 of the Regulation on the Federal Service for Financial Monitoring, approved by Decree of the President of the Russian Federation of 13.06.2012 N 808).
Functions of Rosfinmonitoring
Rosfinmonitoring performs the following functions:
Exercises control over the activities of citizens and organizations in terms of compliance with the laws of the Russian Federation on combating money laundering operations and the financing of terrorist movements.
Bringing these persons to responsibility, upon detection of such violations in accordance with the legislation of Russia.
Collects, processes and analyzes data on transactions and transactions, which are subject to control.
Identifies transactions that indicate the illegality of transactions with property or transactions with funds related to terrorist activities and money laundering.
Keeps records of organizations that carry out transactions with property or transactions with monetary funds in the field of activity of which there are no supervisory bodies.
Develops and implements a variety of measures to prevent violations of the laws of the Russian Federation on combating the legalization of income obtained in an illegal way.
Interacts and exchanges information with international organizations, competent services of foreign states.
Sends the obtained data to law enforcement agencies at their request as part of combating money laundering and financing of terrorist activities.
Maintains a unified information base in working order.
Keeps in the high secrecy mode information constituting banking, state, commercial secrets and other confidential information.
Carry out other activities.
Powers of Rosfinmonitoring
In its work, the Federal Financial Monitoring Service has the right to:
Suppress the activities of citizens and legal entities for violation of the legislation of the Russian Federation in this area.
Submit proposals to the heads of the authorized bodies of power to prosecute the perpetrators.
Request information and documents necessary for making a final decision from authorized bodies and organizations.
Conduct research and expertise with the help of third-party organizations.
Organize working groups and commissions.
Conduct investigations and checks.
Enjoy other rights provided for by the legislation of the Russian Federation.
What types of activities need to be registered with Rosfinmonitoring divisions
Certain organizations and entrepreneurs who carry out transactions with money or other valuable property and whose activities are not controlled by a specific supervisory service need to register with Rosfinmonitoring divisions (Articles 5 and 9 of Article 7 of the Federal Law of 07.08.2001 N 115-FZ “On Counteracting Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism”).
Specifically it comes about leasing companies, payment acceptance operators.
In addition, Rosfinmonitoring controls organizations and entrepreneurs that provide intermediary services for the purchase and sale of real estate as well as commercial firms that conclude financing agreements on assignment monetary claim as financial agents.
For organizations and businessmen in the sphere of which there is a supervisory authority, registration with Rosfinmonitoring is not required.
What information about transactions must be submitted to Rosfinmonitoring
It is necessary to report to Rosfinmonitoring about transactions with movable property in the amount of 600,000 rubles. and more.
For example, if a buyer - an individual or a legal entity - purchases items worth 600,000 rubles in a jewelry store, then the store must submit information about this to Rosfinmonitoring.
In addition, if the amount under the real estate purchase and sale transaction is equal to or exceeds 3 million rubles. or equal to the sum in foreign currency, equivalent to 3 million rubles, or exceeds it, then this must also be reported to Rosfinmonitoring (clause 1.1 of article 6 of Law N 115-FZ). For example, information about this is provided by a company that provides intermediary services for the purchase and sale of real estate, simply speaking, a real estate company.
Obligation of banks to provide information to Rosfinmonitoring
In accordance with subparagraph 4 of paragraph 1 of Article 7 of Law N 115-FZ, credit organizations are obliged to document and submit to the authorized body no later than three working days from the date of the transaction, information on transactions with monetary funds or other property subject to mandatory control performed by their clients ...
The qualification of a transaction as subject to mandatory control is carried out on the basis of an analysis of all information available in the credit institution, both provided by the client or his representative, and obtained from other sources of information available to the credit institution on a legal basis.
Responsibility for Failure to Submit to Rosfinmonitoring Information on Transactions Subject to Mandatory Control
An administrative fine is imposed for failure to provide Rosfinmonitoring with information on transactions subject to mandatory control.
For officials in the amount of 30,000 to 50,000 rubles, for legal entities - from 200,000 to 400,000 rubles. or administrative suspension of activities for up to 60 days (clause 2 of article 15.27 of the Code of Administrative Offenses of the Russian Federation).
Financial genius
Financial literacy, effective personal finance management
Financial monitoring
In this article, I will analyze the topic on which I periodically receive questions - financial monitoring or, as it is called for short, financial monitoring... After reading this article, you will learn what financial monitoring is, what a body (service) is financial monitoring how it works, how financial monitoring is carried out in banks in Russia and Ukraine, how it is regulated, what transactions fall under financial monitoring, is it worth it to be afraid of legal entities and individuals, and much more useful information on this topic.
What is financial monitoring?
So, any term that is complex and frightening at first glance can be easily understood if you open the dictionaries and see the meanings of the words that make it up. “Finance” is money in motion, and “monitoring” is the process of observing and recording results.
Thus, financial monitoring is the observation and control of the cash flows of enterprises and individuals. This control is exercised by a special state body - the financial monitoring service, and the duties to record data and transfer to this service are assigned to financial institutions countries, first of all - commercial banks... In addition to them, the subjects of financial monitoring are Insurance companies, stock exchanges, payment systems and many other financial structures.
Read also: Memorandum of salary increase to employee sample
V different countries this procedure can be called differently, for example, “ financial control”,“ Financial intelligence ”, we have all these concepts, they are somewhat similar, but have their own differences. Today we will talk specifically about financial monitoring in banks.
So, in Russia, Ukraine and other post-Soviet countries, financial monitoring is carried out with the aim of countering the legalization of proceeds from crime and the financing of terrorism, and is closely connected with the legislative acts concerning this (below I will give the names of specific laws).
Types of financial monitoring.
There are two types of financial monitoring: mandatory and internal. Let's see what they mean.
Mandatory financial monitoring Is an analysis financial flows held by a special government agency financial monitoring.
Internal financial monitoring- this is intra-bank control over the operations of clients in order to identify those operations that are subject to mandatory financial monitoring in order to send data about them to the authorized body, as well as any other operations that may be associated with money laundering and financing of criminal activities.
How is financial monitoring carried out in banks?
Now a few words about how financial monitoring is carried out in banks, what it is. Everything is very simple, the whole procedure boils down to the following:
- The bank employee performing the operation (operator or cashier) carries out the identification of the client (checks, enters and / or copies his passport data and other documents, if necessary);
- The bank employee responsible for financial monitoring checks all financial transactions, and puts special marks on those that are subject to mandatory or internal monitoring - various codes that indicate the criteria for classifying the transaction as financial monitoring;
- At the required time (daily, weekly, monthly, quarterly, annually), the employees of the bank's head office generate regulatory reports, including transactions that fall under financial monitoring (they are marked with codes, see above), and send these reports to in electronic format to the authorized body for financial monitoring.
Employees of the financial monitoring service review these reports, and if they have suspicions about the involvement of a certain operation in money laundering or terrorist financing, they request additional information from the bank (data of the client's documents or the documents themselves), which the bank provides them or requests from client. Further, if necessary, the client is checked, his other operations, and if a criminal scheme is revealed - detention and subsequent investigative and judicial procedures.
Exceptions are rare cases. For example, when someone tries to make a payment in favor of a person on the list of international terrorists or something similar.
Financial monitoring laws.
Financial monitoring in Russia is based on Law No. 115-ФЗ dated 07.08.2001.“On Counteraction to Legalization (Laundering) of Criminally Obtained Incomes and Financing of Terrorism”.
Financial monitoring in Ukraine is carried out in accordance with Law No. 1702-VII of 14.10.2014.“On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing the Proliferation of Weapons of Mass Destruction”.
These laws describe in detail the financial monitoring system in Russia and Ukraine, respectively, therefore, if you need to find any precise points on this topic, I recommend that you study the current legislation of your country (as you understand, all kinds of changes are regularly made to the laws).
There are also other legislative acts regulating issues of financial monitoring (for example, concerning the creation and functioning of bodies involved in this activity), but the above are key, basic.
Financial monitoring bodies.
A little about the name of the financial monitoring bodies in Russia and Ukraine, and what they are.
In Russia, these functions are performed by Federal Service for Financial Monitoring or, as it is often called, Rosfinmonitoring... The official website is fedsfm.ru. Rosfinmonitoring is federal body executive branch and is subordinate to the President of the Russian Federation.
There are functioning in Ukraine State Financial Monitoring Service (Gosfinmonitoring), the official website is sdfm.gov.ua. This service is controlled by the Cabinet of Ministers of Ukraine, and specifically by the Minister of Finance, and has the status of a central executive body.
Transactions subject to financial monitoring.
Next, I will consider some of the most common transactions that fall under mandatory (state) and internal financial monitoring. I would like to draw your attention to the fact that this is not an exhaustive list, and also that the list, amounts and types of transactions may change at any time by introducing appropriate amendments to legislative acts. Therefore, in order to obtain 100% accurate and up-to-date information, it is best to turn to primary sources.
I repeat that for Russia such operations are determined by law No. 115-FZ of 13.07.2001, and for Ukraine - by law No. 1702-VII of 14.10.2014.
So, which operations are subject to state financial monitoring?
Firstly, cash transactions in excess of 600 thousand rubles for the Russian Federation and 150 thousand hryvnia for Ukraine:
- buying or selling foreign currency;
- cash withdrawal from the account or cash deposit to the account with subsequent transfer;
- purchase of securities;
- cashing foreign check bearer;
- exchange of banknotes of one denomination for another;
- buying or cashing traveller's checks;
- pay insurance compensation or paying an insurance premium;
- crediting or transferring funds from countries / to countries included in the list of countries that do not comply with the requirements of the FATF - an intergovernmental organization engaged in combating money laundering and the financing of terrorism (in particular, these are offshore companies);
- opening a deposit to bearer or in favor of a third party;
- transfer of funds to a deposit abroad or crediting of a return of a deposit from abroad;
- payment of lottery winnings, cash prizes, etc .;
- depositing funds to participate in a gambling game;
- providing or receiving interest-free loans;
- receiving or transferring charitable assistance;
- some other operations.
Secondly, transactions for any amount if they are carried out by a person or in favor of a person (natural or legal) included in the list of persons and organizations involved in terrorism and extremism.
What transactions are subject to internal financial monitoring?
- Financial transactions that are confusing in nature, in which the ultimate goal and meaning of the transaction is not traced, regardless of the amount (for example, client A transfers a certain amount to client B, client B divides it into 2 parts and transfers it to clients C and D, and clients C and D list them back to client A).
- Financial transactions that do not correspond to the customer's line of business, regardless of the amount (for example, an agricultural enterprise buys gold bars).
- Financial transactions, the nature of which makes it clear that the client wants to evade mandatory financial monitoring or identification. (For example, splitting the transaction amount: the client does not change the currency by 600 thousand rubles at once, but changes for three days in a row for 200 thousand rubles).
- Any transactions, if the subject of financial monitoring has suspicions that they may be related to money laundering and terrorist financing.
What is the threat of financial monitoring?
Often people are afraid of financial monitoring and are afraid to conduct transactions that may fall under it. In fact, there is nothing wrong with that. Every day, hundreds, thousands, tens of thousands of transactions are carried out in each bank, which are subject to mandatory and internal financial monitoring. And this does not mean at all that customers who make such transactions have any problems.
It's just that all these operations are accumulated in the database, which is stored in the authorized body (service) of financial monitoring, and, if necessary, can be used.
From personal experience: over the course of 9 years of work in the bank, in the branches where I worked, operations were carried out almost every day, subject to internal and mandatory financial monitoring. And during this time, not once, to any client, did not arise any serious questions from the regulatory authorities regarding these operations. Periodically, additional information was requested from the bank, the bank requested it from the client and transmitted, that's all.
The bank can block a transaction only if it has clear signs of money laundering or terrorist financing. Also, a blocking on the account can be imposed civil service financial monitoring. At the same time, such blockings are, as a rule, temporary, until the client provides any additional documents to make sure that this operation does not fall under the laws "On Counteraction to Legalization ...".
Many people often ask: does the fact that a transaction falls under financial monitoring means that information about it will be transferred to the tax authorities? No, it doesn't. Information about the transaction is received only by the authorized financial monitoring body, whose competence does not include verification of compliance tax legislation and identification of tax evasion.
Now you have an idea of what financial monitoring is, how it is carried out, what types of financial monitoring are, what laws it regulates in Russia and Ukraine, what transactions fall under financial monitoring. I hope that this information will be useful to you, but for more detailed information, please contact legislative acts... If you have any questions, you can always ask them in the comments.
On this I say goodbye to you. Financial genius website - great way increase your financial literacy and get a lot of useful practical information in the field of finance, economics, success. Stay tuned and be financially literate! Until next time!
Hello! We have such a situation, they cashed 200 tons allegedly for the issue of a salary, in fact, the money was withdrawn for construction and installation work, and these amounts have not yet been reported. Now we want to purchase stationery and other necessary inventory by transfer. Are we breaking the rules, does this entail problems? And we also want to write a letter stating that that money was not correctly indicated, how to do it all correctly so as not to harm yourself? If you would like to receive a reply by mail
Konstantin Bely writes:
Hello, I do not give answers to the mail. Yes, you are breaking the rules, you cannot do that. The amount is withdrawn by check for specific purposes, a special cash symbol is put in the bank, meaning the purpose of the withdrawal. This is all reflected in your account statements. Any inspection can reveal this inconsistency. The bank doesn't care, it has nothing to do with it, but tax authorities- No. You do not need to write any letters - the bank will not change anything, and I repeat, its use of funds for other purposes does not apply at all. If you were withdrawing money for a salary, you still had to transfer all taxes to payroll at the same time. Without this, the bank should not have given you money.
I am a longtime Sberbank client with a good history. I have debit card VISA Gold which I actively use. Today I receive a call from my branch with the following content: the bank refuses to service you and tomorrow morning it will block your card, so withdraw money from it quickly if there is any. It takes a long time to find out what the matter is: it turns out that I several times withdrew funds to the account of this Sberbank card of mine from payment system Yandex.Money (to understand the procedures: the amount of transfers is calculated in tens of thousands of rubles, the monthly turnover of my payments with this card is> 100,000 rubles), and the "financial monitoring department" of Sberbank decided that since payments come from legal entities. face of Yandex.Money LLC, it is me who illegally cash out the money of a legal entity, and therefore decided to refuse me service. Naturally, I did not agree with this delusional formulation and tried to explain to the bank employee that I was transferring my own money from one account to another and I had every right to do so. The employee suggested that I, in response, bring the following documents (the call was about 2 pm) before 17 o'clock on the same working day (!), Explaining the legality of my operations:
... the Yandex.Money offer agreement, which was indicated by Yandex.Money in the comments on payments from my account to the account of my Sberbank card (at the same time, I cannot get access to the text of the comments, they are not available in Sberbank Online!).
... an extract from my "virtual wallet" (meaning an extract from Yandex.Money).
... checks from outlets, confirming that it was me who spent the money received.
But, as the employee said, it is unlikely that all these documents will help me avoid blocking. However, we agreed that I would bring the documents the next day.
I turned to Yandex.Money, they promised to send me a confirmation that this is my personal account and my money was transferred personally, and to no legal entity. it has nothing to do with persons.
Now, attention, questions:
... why are these transfer operations own funds from the account of the Yandex.Money payment system, which belongs to Sberbank, to the account of the SAME PERSON in Sberbank suddenly began to appear as "cashing out funds of legal entities" (the literal wording of the employee)?
... How are ALL my purchases the employee requested to do with everything?
... why in such a situation the bank easily sacrifices a loyal customer with an ideal history and regular turnover? I was not offered any options for resolving the situation, but was informed about the blocking as a fact, and it was simply proposed to collect the balance of funds immediately. Why should the bank, and its employee executing the order, absolutely do not care about my interests, about the problems that will arise because of the sudden blocking of my main expense card, or about my attitude to the bank?
... Why did the employee who called me (an employee of my home branch!) did not show even a minimum of participation and did not try to look at the situation from the client's side, but stupidly continued to defend, obviously, the bank's decision? Why my arguments were not heard, but I was obviously given a huge favor by the fact that for another day I would be allowed to use the card, for which I paid 3500 rubles. And if suddenly I don't like something, then "the bank has the right to unilaterally to stop servicing the card / account without explaining the reasons "?
... what is this "financial monitoring department", who makes decisions in it? The employee who called me said he didn't know responsible person, who made the decision to block, and that they just receive such a corporate mailing list, and they are just executors. How can you assess the quality of the work of this department, leave a complaint, are they ready to answer for their mistakes, and how is this responsibility implemented? The telephone support service of Sberbank, from which I tried to find out these questions, could not give an answer.
... Who will compensate me for the time that tomorrow I will spend on collecting, scanning, printing all these documents, and a trip to the bank located in a residential area outside the Moscow Ring Road "strictly from 10 to 17"? My working hours, a client with not the most cheap turnover, an entrepreneur with daily duties, meetings, clients, etc. is it worth anything? Why am I obliged to drop everything and rush to the bank on demand to prove that I am not a camel?