Sberbank financial monitoring requested documents. What to do to prevent the bank from closing the account
Financial monitoring of banking operations in the Russian Federation
In connection with a large number of worries and questions about where and when banks knock on the money coming into your accounts, as well as concerns about their fate, I tell you.
The income that you earn is usually of interest to the state in two contexts:
1. Are they taxable and, if so, have taxes been paid? Here is the topic about taxes for players http://antourage.pokeroff.ru/blog/note/1060193/, where we talk about this in detail.
I just want to add that for any amount of money received in your account, the bank, on its own initiative, DOES NOT PAY TO THE TAX, incl. on the so-called “securities purchase and sale transactions” with a direct bank transfer from your wallet to your bank account through LLC Guarantee Agency (AG), an authorized agent of the WebMoney system for this operation (the myth here is that the bank is knocking, but in fact, the bank does not knock, and if anyone can knock, then only AG, because it is it that buys electronic checks from you and is required by law to inform the tax on the payment of income to an individual) * upd: 03/29/10 with AG specialists, they said that each client doesn’t have a name in tax information serve *. For such a knock, the bank has NO LEGAL REASONS! 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, which is a whole procedure, because we have the concept of "bank secrecy." Just like that, neither the tax authorities nor other competent authorities will make a request to all banks in the Russian Federation, and it is not known that you have an account with a particular bank with a tax “default”, because By law, neither you nor your bank is obligated to inform anyone about it, unless this account is in a foreign bank.
2. Are your incomes criminal and related to the financing of terrorism? If, suddenly, just such a question arises in your bank, looking at the operations in your account - this is, indeed, a nuance, the possible extreme of which is the need to run around the bank with honest eyes, or maybe even to the authorities, explaining that you are not a criminal and not a terrorist, but honestly win poker. No, of course, by law you are not required to prove your innocence, but then your account will simply be frozen for an indefinite period while they prove your guilt.
In this matter, everything revolves around law No. 115-FZ "On counteracting the legalization (laundering) of criminally obtained incomes and the financing of terrorism." The monitoring body is Financial Monitoring, or rather the Federal Service for Financial Monitoring (Rosfinmonitoring), and it is to this organization that all banks in the Russian Federation are required to report in case of something.
When will your bank insist on you? It is mistakenly believed that the bank is knocking - only if the amount of one transaction on the client’s account is more than 600,000 rubles. (or equivalent in currency). In fact, the list of legitimate reasons for knocking, relatively common among a professional banking player, is as follows:
a) It is obliged to knock on the amount of the operation more than 600,000 rubles. using cash, including:
- purchase or sale of cash foreign currency by an individual;
- purchase by an individual of securities (this is not about WebMoney, but, for example, about Gazprom shares) for cash;
- receipt by an individual of funds by bearer check issued by a non-resident;
- exchange of banknotes of one denomination for banknotes of another denomination.
b) He is obliged to knock on the amount of the operation more than 600,000 rubles. on non-cash transactions of the client, including:
- crediting or transferring funds to the account if the sender of your money is located in a state that is not participating in international cooperation in the field of counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism;
- money transfers made by non-credit organizations on behalf of the client;
- receipt of funds in the form of fees for participation in the lottery, sweepstakes (mutual bet) and other risk-based games, including in electronic form, and payment of cash in the form of a winnings received from participation in these games (author: nothing does not remind?;)
c) It is obliged to knock if you are making a deal with real estate in the amount of 3,000,000 rubles. (or equivalent in currency).
There are some other points in the law when exactly the bank MUST “inform where it should be” about client operations in excess of 600,000 rubles, but they practically have no relationship with us.
And, now, now pay attention to one more norm of the law in question.
I quote item 3 of Art. 7:
“In the event that the employees of an organization (that is, your bank) engaged in transactions with cash or other property, based on the implementation of ... internal control programs, SUSPECTIONS arise that any operations are carried out in order to legalize (launder) income obtained by criminal means, or the financing of terrorism, this organization, no later than the business day following the day of the identification of such operations, SHOULD send information to the authorized body on such operations, INDEPENDENTLY, rel syatsya or not they belong to the transactions provided for in Article 6 of this Federal Law. "
Those. banks MUST report to Finmonitoring not only on 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 on all suspicious transactions, NOT DEPENDING ON THEIR AMOUNT.
This means that if you received a bank account (card) from the room, for example, only $ 3,000 (less than 100,000 rubles at the current rate), but the bank employees, on the basis of internal rules, considered the operation suspicious (doubtful) - THEY ARE OBLIGATED to inform about her in financial monitoring. 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 the currency control of a small bank. Naturally, the systematic nature of such revenues is also taken into account.
According to the law, the general grounds for considering a banking transaction doubtful include, including:
- the confusing or unusual nature of a transaction that does not have an obvious economic meaning or an obvious legitimate aim;
- repeated transactions or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade mandatory control procedures provided for by the Federal Law (for example, cash in dollars from the room is not 600,000 rubles at the Central Bank rate, but three consecutive cashouts of 200 000 rub.).
Based on the letter of the Central Bank of the Russian Federation No. 161-T dated 12/26/2005, “regular credits of large amounts of money from third parties (excluding loans) to bank accounts (deposits, deposits) of individuals with subsequent withdrawal can be classified as dubious operations,” ”of these funds in cash or with their subsequent transfer to bank accounts (deposits, deposits) of third parties within a few days.”
The consequences of falling under suspicion of your own bank can be different: from confidential conversations with employees of the currency control and security services with a written justification of operations and the provision of additional documents, to the prompt work of more competent employees with you. In any case, a lot will depend on your openness and honesty, because it is not forbidden to win online and receive winnings in your bank account.
Possible sanctions in case of suspicion:
a) the account works, funds are available, but you were invited to the bank for an explanation;
b) automatic account blocking for 2 days, talked, understood each other, account unblocking;
c) blocking the account for 2 days, they 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 dragged at all levels, everything is serious, slow and for an indefinite period.
1. Receive a bank transfer in rubles through a Russian organization. For example, from the room to WebMoney and then to the bank. Convenient for physical. individuals, and for individuals with a 6% tax. Revenues to ruble accounts within the country are much less suspicious than to foreign exchange accounts and from abroad. It is advisable to do this through a bank loyally related to WebMoney, and even better, through a bank - an official partner or authorized agent of WebMoney. The only more or less serious nuance in this scheme is the possible transfer by the authorized agent of information about operations to the tax, as about the purchase of electronic checks (securities) from a citizen. I emphasize that the organization buying your electronic checks (WMR), and not the bank to which the transfer comes to your account, is obliged to inform the tax law. * upd: 03/29/10 spoke with the specialists of AG, they said that they do not apply to the tax information by name for each client *.
Today, by the way, there are already examples of banks, WebMoney partners, which, when withdrawing WMR, transfer rubles to your account with neutral wordings, without linking the transaction to the sale of securities, while it’s not yet clear where the electronic checks disappear, because 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 cashouts in unequal small amounts not more than once a month in each of them. Naturally, to each account to have a card (preferably multi-currency) for the possibility of operational round-the-clock access to money. Manage your accounts and cards through online banking.
If the bank considers the systematic receipts to your account from foreign sources to be suspicious (doubtful), in order to avoid blocking the account and submitting the issue to Finmonitoring, I recommend immediately providing the bank with the necessary documents confirming that you win this money in poker on foreign sites, and for if you use winnings, you use international electronic payment systems, which transfer them to Russia. Be sure to print out documents (preferably in Russian) confirming the international legitimacy of the activity of these payment systems, and the accountability of their activities to national financial regulators.
Everything that you tell your bank, and if Finmonitoring is required, about the nature 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 bank employees, the issue at Rosfinmonitoring, with its price up to 600k rubles, should not go. And in the tax (see paragraph 1 of the article) - NOT IN ANY CIRCUMSTANCES.
If the question nevertheless went to Finmonitoring, they may ask you there, they say, if everything is so simple, lawful and honest, do you pay income tax on these winnings in Russia? Tell me that the deadline for submitting a declaration of income is until April 30, and you just plan to do it in the near future. If it is relevant to file a declaration only next year in time, say that, as required by law, file it next year and, if necessary, Finmonitoring, bring the appropriate certificate. If this year you forgot about the declaration or expired, I recommend not to reinvent the wheel and say as is. It’s one thing to not pay the fine in the traffic police on time, and it’s quite another when, listening to obscure answers and looking at the rolling eyes, they conclude that a person is not saying anything and suspect him of international terrorism (especially when it comes to large permanent transfers from unclear offshore companies). Here, you know, you can’t get rid of Finmonitoring alone. In general, the more honest, the better, and most importantly - do not 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, because you have not actually received.
4. Do not withdraw money received into the account in full upon arrival or within the next few days. Do not transfer them at the same speed to other accounts.
5. Alternate everything, including other legal methods available.
To the general recommendations, it is worth adding the need for tax residents of the Russian Federation to pay tax on income from foreign sources, which removes the burden from the shoulders, and also greatly facilitates contacts with any controlling state bodies in general and in case of any misunderstandings in particular.
The bank is required to verify each transfer and receipt of customers. These responsibilities are spelled out in federal law No. 115, which describes the rules for combating money laundering.
The customer bank is checked by a special unit - financial monitoring. Financial monitoring analyzes payments and receipts, requests documents and determines the honesty of the client company.
The bank eliminates some potentially dangerous customers when it opens an account. But unscrupulous customers still come across. Money is transferred to their accounts from bribes, kickbacks, fraudulent schemes or arms trafficking, and customers withdraw them in cash. Or vice versa, they transfer money to shell companies in order to receive cash and not pay taxes. If the bank has such customers, it is considered an accomplice, and for this they can deprive the license.
In general, the rule is this: if the client refuses to confirm the money that goes through the accounts, he has something to hide. If you become annoyed and do not answer the bank’s 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 story.
Financial monitoring employees are not enemies. It is unprofitable for a bank to close accounts, and it spends a ton of money on checking customers and maintaining an entire financial monitoring department. The bank wants to believe in your honesty, help him.
Recommendations for banks: letter for 2014 and for 2016
To help banks fight money laundering, the Central Bank has developed recommendations: what 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 at the individual entrepreneur or LLC must be at least 0.9% of the account turnover. This is a minimum requirement. If it is violated, financial monitoring checks the company.
Problem. Companies open accounts with several banks, and pay taxes from only one. Other banks do not know about this and are beginning to doubt the honesty of the client: there is money in the account, but no taxes.
Still taxes may be too little. This is usually a problem for companies that save on personal income tax and insurance premiums. Officially, they pay employees the minimum wage, and give the rest in envelopes. Or even pay the entire salary in an envelope.
What to do. If you do not want to raise suspicions of the bank, use the tips:
Pay tax at each bank in which the company has a current account. When banks see taxes, they have no reason to worry. If you still pay taxes in only one bank, save payment bills. When the bank asks questions, payments will help you pass the check faster.
Pay personal income tax for transferring an individual. It is better to pay personal income tax at the same time as payment, but by law, an entrepreneur has a day. If financial monitoring sees the transfer, but does not see taxes, it starts checking.
Pay 0.9% of the turnover on the account. To keep this bar, it’s enough to pay the CEO the average salary in the market and apply for all employees to work. PIT and insurance premiums with full salary are enough for 0.9% of taxes on turnover.
When calculating taxes, focus on the tax burden of your industry. What is the tax burden is the topic of a separate article, but in fact, this is the tax that the state expects from the company. If the company pays less than this figure, the tax can start its own audit.
The minimum tax burden in 2015 is 1.4%. If the company pays less than 0.9% of the account turnover, it will be subject to financial monitoring and, possibly, tax audit.
It’s better to get used to paying more than 0.9% of sales taxes. The minimum bar will grow.
Do not withdraw cash
Recommendation. The second rule is rarely and not enough to withdraw cash, but it is better not to withdraw at all. Banks pay attention to customers who cash out money, but set limits on how much money can be withdrawn without checks. The decision of the bank depends on the characteristics of the client’s business. Let's take an example:
Valery is a programmer. For work, he does not rent an office, he does not have 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 customers transfer to him, and he does not pay anyone from the account. Financial monitoring does not understand what is happening.
If Egor resells fruits, then he must buy them from someone and pay for the transportation. Most likely, he has employees, and they also have to pay. Financial monitoring does not see these payments, therefore, suspects that the client has opened a fake company for the illegal withdrawal of money. Or maybe he withdraws money and pays off all cash. This is also wrong. To understand, financial monitoring begins verification.
Problem. Customers may have different reasons for using cash. Sometimes it’s more convenient to pay partners, sometimes to give employees money on a report. But in any case, this is suspicious for the bank.
What to do. In order not to arouse suspicion, we recommend the following:
Card vs Cash
Pay expenses through a bank, card or account. Depending on the bank, you can pay by card for a large purchase.
Individual entrepreneurs use the card for themselves and business: they buy products in a store, advertisements on Facebook or a souvenir. LLC pay only for the needs of the company: dinner with a partner, the purchase of office paper or rent a room for presentation. Each LLC payment must be confirmed by check or receipt.
Reporting on cards is easy. If the tax system does not include cost accounting, there is no need to confirm and justify card payments. Companies whose taxes are subject to costs retain checks and receipts for card payments. They are given to the accountant, and the accountant includes in the report.
To issue salaries through the salary project of the bank and not to issue cash. The bank will help draw up a statement, calculate salary tax and transfer salary to employee cards. The bank will be aware of where the money goes to the company and how it pays personal income tax for employees, and will cease to request documents.
Keep supporting documents if paid in cash. Commodity checks, invoices, a contract will do - everything that proves that you gave money for the real service of a real company. Documents will not help to avoid verification, but will help speed it up. The same documents will be necessary for the accountant for reports.
Clearly describe payments
Problem. Entrepreneurs often do not pay attention to the wording in payments. Some people think that it doesn’t matter to the bank or that he himself will understand that the transaction is legal. This is not true. Without explanation, the bank will not understand.
What to do. Our advice is to describe in detail the services in payments. In all payments, write the number and date of the contract, the name of the service or product. If you are lending to a friend for business or buying precious metals, write in detail too. The wording in the payments must coincide with the text of the contract and acts.
For payment of an invoice without a contract, the rules are the same.
Suspiciously
Payment under the contract
Loan issuance
Buying Gold Coins
clear
Payment for the supply of means for the control of rodents "Baktorodencid" under the contract No. 12 of 02.26.2016.
Issuance of a loan at 15% per annum under agreement No. 10 of 08/01/2016, the total amount of the agreement is 1,000,000 rubles
Purchase of gold coins under the contract No. 1 of 02/01/2016, the total amount of the contract is 300,000 rubles
Work on selected OKVED codes
Recommendation. The fourth rule is to work in the directions you have chosen. If an entrepreneur has to carry out corporate events, and money comes for corporate events and the sale of building materials, financial monitoring begins a check.
Problem. OKVED codes are recorded at the opening of the company, and during their work, entrepreneurs can increase their business areas. For example, IP started as a website designer, now it also conducts design courses. Money comes for services that are not in the IP documents.
What to do. Our advice is to add new OKVED codes. To do this, write an application for new codes, certify with a notary or put a digital signature and give it to the tax. Tell the bank about new codes.
If the charter of the LLC states that it can only be engaged in a certain business, you will have to change the constituent documents and transfer the information to the tax.
Application templates are published on the tax website: form Р24 001 - for individual entrepreneur, form Р14 001 - for LLC.
If there is no time to understand the application, ask the bank to help you. Banks for entrepreneurs usually have a service of lawyers and accountants.
Do not add too much. If you add OKVED for 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 diverse business.
Do not work with ephemeral
Problem. A small business does not have money for a security service, as in Gazprom. Sometimes the company does not even know that the partner is unreliable, and itself carries risks in its work.
What to do. Our advice is to check partners. To understand whether a partner is a one-day or not, a report on the reliability of the company will help. Such reports are offered by some banks, tax and services such as “My business. Bureau ”,“ Spark ”,“ Contour-focus ”. The reports may contain information on financial indicators, the date and place of registration, registered capital, owners, beneficiaries and lawsuits.
The report does not give an absolute answer, but if the reliability rating is low, this is a warning sign:
The company did not pass the verification of the service “My business. Bureau "- low reliability rating
The Spark service also publishes risk factors for companies. For example, a manager often changes at this LLC, clients and partners suing her are signs of an unreliable company. Perhaps the company is one-day.
Another way to verify partners is to have your own investigation. This is difficult, but we will describe two features of a one-day company that you will see without special knowledge:
mass 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 ones save on rent, so they are registered in business communal apartments. To check the address for mass, drive it on the tax website.
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.
the number of employees. If an LLC officially employs one employee, most likely the company is tax evading. Usually in one-day events, the leader and chief accountant are one and the same person.
Good day!
Indeed, banks are empowered to block accounts if there is sufficient reason to suspect your company is involved in terrorist activities. Often, banks exceed such 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 goal, a transaction does not meet the organization’s goals established by the constituent documents of that organization, reveals repeated transactions or transactions, etc.
after my demand to explain the situation, they began to talk about the issues of their financial monitoring to the origin of the funds. And only at the request to give a written explanation of their requirements did I receive this document. With reference to No. 115-FZ: provide all documents on operations. No problem: a contract, an act of executed business operations, an invoice for payment - provided. As it turned out, this is not enough. We also need waybills!
Victor
Within the meaning of Law N 115-ФЗ, a bank client has an obligation to request documents necessary to identify payments and record information containing information about the transaction, while the bank has the right to refuse to execute the client’s order to complete the transaction for which the necessary documents have not been submitted to record information in accordance with the provisions of this Law, as well as in the case of reasonable suspicions that the operation is performed with the aim of legalizing (laundering) the proceeds of crime or financing of terrorism.
The Bank, in fact, did not take any measures to resolve the conflict. And the employee’s incompetence at the request of TTN for the provision of services is simply amazing.
In addition, in the event of a lawsuit, the bank is obligated to prove that the transfers made by the client (as transactions) are contrary to the law, that is, they are confused or unusual, do not have an obvious economic sense or an obvious legitimate goal, do not correspond to the goals of the organization established by the constituent documents of this organization.
If the bank really exceeded such powers, it is possible to recover the penalty and losses, if any.
Sincerely, Sergey P.
If you need help, incl. and in court, you can apply!
Good day.
1. First of all, I note that all blocking of cards of individuals (as well as blocking of settlement accounts of companies / entrepreneurs) is not some whim of the bank and not some kind of accident that cannot be predicted, but the consequences of the violations you have committed.
In short, there is already a fairly well-known law 115-ФЗ “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism”. In the law itself, there is not enough specificity, namely, it says that operations for one-off amounts of six hundred thousand rubles are controlled and they are really controlled, but this will not help you figure out the reasons for blocking cards, since banks also control many other operations other parameters.
In general, everyone who carries out a large number of card transactions 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 / entrepreneurs, cryptocurrencies, 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 related to a large number of transactions cards.
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 of a credit institution in order to counter the legalization (laundering) of proceeds from crime and the financing of terrorism” - there is a list of 18 pages , which contains those parameters by which banks should 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 monitor 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 comes.
Therefore:
A) Requests for 115-FZ are generated automatically by an automated system. Many people think that this is a specific person in the bank who sits and chooses who to get to the bottom, to whom the request should be sent. This is not true! All requests are sent automatically if you do not comply with the parameters by which the automated system of the bank works.
B) Claims that “banks are insolent and block who they want” are all nonsense. Requests are formed on the basis of strictly defined criteria; there are no “random” requests. Moreover, I note that these criteria of the Central Bank are the same for all banks, therefore, in my practice, stories in the format “Sberbank constantly blocks, but the bank“ xxx ”does not block anyone” - this is also nonsense. There are indeed certain differences between banks and sometimes quite substantial, but the common vector for all banks is still the same and there are risks when working with any bank.
On the other hand, I note that there are really a lot of locks that are unreasonable and, in my practice, a significant part of bank locks can be challenged in court, but in all cases it’s better not to count on disputing the bank’s actions, but to work initially so that you don’t receive requests.
C) The mere fact of receiving a request is already evidence that your operations at 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 the first time claims will be removed (even if all operations are formally legal).
D) I also additionally note that the same requirements apply equally 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 arrives to you, in it the bank asks you for the “economic meaning of the 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 restricts the ability to use the card until a decision is made on the outcome of the rationale and documents you provided.
C) You provide the requested documents.
Here, in practice, the most common mistakes are the following:
- a person starts waving a saber and declaring that the bank’s actions are illegal, I didn’t violate anything (see clause 1 and the arguments that requests simply don’t come, although banks really often ask for a lot of “excess” and similarly often requests come to situations when you didn’t even commit anything near illegal) and refuses to provide documents. By such actions, you actually refuse to fulfill your obligations to provide documents under the 115-ФЗ and this entails very bad consequences until you are blacklisted by the Central Bank (where about 500,000 people and companies are already located, a huge number of which are really not were engaged in any crime, but simply incorrectly conducted operations, or took the wrong position after receiving a request about the bank).
It’s also a common mistake - a person doesn’t really need a card (for example, there is already no money on it and there’s no interest in using it either) and he decides that I will not provide anything, I will close it and that's it, since I do not need it.
Another common mistake is to rely on the fact that you can recapture any claims by submitting contracts in confirmation 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 a violation of the law by you, but also when the nature of the transactions itself gives reason to believe that the operations may be associated with illegal activities even despite the documents you provided. The practice of specific banks is of great importance here.
It is also a common mistake to give an answer without a preliminary analysis of the situation with a lawyer, since there are so many other small and often formal moments of interaction with the bank at the stage of receiving a request, if you fail to observe it, you can get a lock even in a situation where it could have been avoided and when indeed, you have committed exclusively legitimate transactions.
D) A specific bank employee reviews the documents and makes a decision based on your situation (accordingly, at this stage there is already a certain dependence on a specific bank employee) and either removes all claims and all restrictions on the card, or leaves the lock in force and usually this in case you are asked to write a statement about closing the card "on your own." Also, in practice, after receiving documents, sometimes the bank may request additional documents.
3. You can ask - they say like this, my friend / acquaintance is spending huge amounts of money through cards and no one is blocking him despite all the restrictions, and why then they blocked me?
The answer is quite simple, several options are possible:
A) Your friend / acquaintance intentionally / unconsciously performs operations in such a way that they are not recognized as suspicious in the bank / payment system, because if the criteria are met, you will not receive a request.
B) It’s just that the total duration of the operations has not yet led to the recognition of operations as suspicious and blocked, and sooner or later this will happen.
4. The consequences. If I focus on my practice, I can say that:
A) In case of blocking, the unambiguous consequence is a damaged relationship with the bank that blocked you, that is, cards / accounts here will no longer be opened for you. Although there are still exceptions.
B) A worse consequence is the blacklisting of the Central Bank. If you really engage in crime or if your operations are not connected with anything illegal, but at the same time you take the wrong position in communicating with the bank, there are serious risks that the Central Bank will be blacklisted and in this case not only the person who blocked you will not want to cooperate with you a bank, but in general any other bank, since all banks will see that you are on the black list of the Central Bank.
sustainable small business in Russia
If you are an entrepreneur, any bank may suddenly block access to your account.
The reason is suspicion of cashing out. But the matter is not in you, the matter is in the Central Bank.
Russia is struggling with cashing out and tax evasion. There is a whole industry crashed, and the Central Bank is constantly looking for ways to replay it.
At the current turn, banks are included in the fight: they are obliged to block any operations that are similar to cash out. Even honest entrepreneurs can fall under the sanctions of the bank: it is enough to randomly carry out several suspicious transactions.
In this article - how not to become an accidental victim of the struggle of the law with cunning.
What coffers
Cash withdrawals are guys who turn official money in an account into unofficial cash.
A company that needs cash concludes an agreement and pays for some non-material services, such as consultations. Another company seems to be providing them. But in reality, she withdraws money from a shell company, which transfers them under fake agreements through transit firms, and at the end of the chain they withdraw money as cash. As a result, the first company is brought a bundle of money, from which the businessman issues a gray salary, avoiding taxes and contributions.
It is illegal to engage in cash out and use such services. We do not recommend doing this and hope that you will never have to face this.
If the Central Bank notices that a bank is helping coffers, he briskly revokes his license. Then the money of all customers is blocked, and if your deposits are insured, then you will receive them through the DIA in two weeks. If not, you may not receive it. As a result, a dozen coffers with accounts in one bank can throw problems to thousands of customers.
In order not to let their customers down, banks are forced to independently monitor suspicious transactions. 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 to honest entrepreneurs so that they are not considered cashiers.
Check counterparties
If your company works with suspicious companies, it may be considered a transit country - part of the cash-out chain. Therefore, before you start working with a new supplier or customer, make sure that it is reliable.
Suspiciously: counterparty is located at the mass registration address. Check how many companies are registered at the counterparty address - the easiest way to do this is on the website of the Federal Tax Service. Type in the address in the search engine and see what kind of building is located there: if it is not a business center and 15 companies are registered there, then this is the address of mass registration.
Suspiciously: The director of a company is listed as a director in many other firms. Directors can also be checked on the tax website.
Very suspicious: the counterparty has many arbitration cases, writ of execution for non-payment of taxes and claims from counterparties for failure to fulfill obligations. Check in a file cabinet of arbitration cases.
Everything can be checked right away on the tax website in the register section, in the services “My business-bureau”, “Spark”, “Contour-focus”.
Describe translations in detail
When sending a payment, describe in detail its purpose: basis, date, VAT. If there is no description of the payment, financial monitoring may initiate an investigation.
If the bank suspects the authenticity of contracts or accounts, you will be asked to provide them. Usually they give at least one working day for the provision, during which time it is realistic to collect documents if they are nearby. It is more difficult if the originals are signed by the counterparty. But most often, there are enough photos to confirm. You can ask the counterparty to photograph the documents on the phone and forward.
To prevent issues, describe payments in detail and keep the originals or scans of contracts handy.
Work on your okvadam
OKVED-2 codes show what the company is doing. They are selected during the registration of the enterprise. You should be paid only for what is prescribed in the OKWED.
For example, a company tells the state: “I will be engaged in the restoration of works of art” - therefore, she selects “Activities in the field of artistic creation” - code 90.03.
Reliably: no one will have questions if such a company receives money for the restoration of a painting or antique table from the museum's collection. This activity corresponds to the registered okwadam.
Suspiciously: if money comes for abstract “financial and consulting services”, the verification will begin for sure. Another tax may be fined 5000 R for incorrect data submission.
If you understand that the company is growing and new lines of business are appearing, just add the OKVED codes. To do this, you need to notify the notary of the application and submit documents to the Federal Tax Service. State duty - 800 R, for SP - for free.
Do not withdraw all cash
As soon as an individual entrepreneur begins to withdraw all money from the account, they come to him with a check. IPs are most often involved as the end links of a circuit caved in, therefore, special attention is paid to them here.
Suspiciously: SP receives 300 thousand and the next day withdraws all money from an ATM.
Safely: An individual receives 300 thousand and transfers part of the money to a personal account, and a part spends from a card tied to an account. An individual entrepreneur can buy at least a piece of equipment for the company on a corporate card, or even sausage at Auchan. If IE has “income minus expenses”, then sausage just does not need to be deductible. 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 Black card for free and receive cashback for the purchase of sausages. But if every day you receive 150 thousand and transfer it to your card right there, after which you cash out at an ATM - financial monitoring may get agitated.
Pay taxes and fees
Companies are required to pay taxes and fees. Banks are required to monitor this. But there is a discrepancy: companies can open accounts in several banks and, theoretically, pay taxes on any of them - the law does not prohibit it. But all banks monitor taxes simultaneously: everyone wants you to pay through it. As a result, if you have accounts in two banks, and you pay taxes from only one, the second bank will begin to suspect you.
Safely: Pay taxes in parallel from all accounts. For example, from one - income, and from the other - contributions.
Having multiple business accounts at multiple banks is a good thing. If a license is withdrawn from one of the banks, not all money will be frozen.
Fine: pay taxes and fees from one account and keep a copy of the payment handy, in case of which, show it to financial monitoring.
There is still 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 industry average, then with a check the tax office will come to the office, not the bank.
If a company or an entrepreneur works with individuals, then they are almost always a tax agent and must be withheld and transferred to the personal income tax for individuals. If you send money to an individual, but don’t pay tax within 24 hours, 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 living analyst looks at the operations and decides whether they are suspicious or not. If there are suspicions, an investigation is opened.
- A bank employee contacts the entrepreneur to request supporting documents: invoices for payment, copies of contracts. Banks give from 1 to 10 days for the entrepreneur to send the necessary documents - usually it is enough to photograph them and send a photo. If there is no doubt of honesty, then the investigation is closed.
- If the entrepreneur didn’t answer the bank’s request in any way or doesn’t show the documents, then remote account servicing is blocked - you will not be able to go through the Internet bank and withdraw money.
- To unblock the service, it is enough for the entrepreneur to provide the requested documents to the bank. If there are no documents, the money will remain on the account, but they can be collected only after contact with 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 begins to hide. Accidentally servicing accounts is not blocked.
Operations subject to mandatory control under Federal Law 115
Subject to mandatory control 115 FZ (the federal law “On counteracting the legalization (laundering) of proceeds of crime and the financing of terrorism” of 08/07/2001) describes in sufficient detail. About transactions that are under special control, our article will tell.
Transactions subject to mandatory control due to transaction conditions
First of all, transactions that meet two conditions are under special control:
- The transaction price is equal to or more than 600,000 rubles (or a similar amount in currency).
- By the nature of the transaction refers to one of the types of financial actions listed in paragraph 1 of Art. 6 of the aforementioned law.
The law relates to such operations:
- withdrawal or crediting to the organization’s cash account, if this procedure does not follow from the characteristics of the company’s business activity;
- 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 was issued by a foreign citizen;
- exchange of banknotes of various denominations;
- payment by an individual of a share in cash to the authorized capital of an organization.
If one of the parties to the financial relationship is registered, lives or is located in a country that does not comply with the recommendations of the Group for the Development of Financial Measures to Combat Money Laundering (the list of states is established by order of the Federal Financial Monitoring Service dated 10.11.2011 No. 361), or accounts in banking organizations registered in such organizations are used countries subject to special control:
- crediting or transferring money to the account;
- issuing or obtaining a loan or a loan;
- securities manipulation.
Read also: How to disassemble from the army
In addition, some operations related to the movement of funds in accounts are particularly controlled:
- depositing money into an account with paperwork for indefinite third parties;
- opening a deposit in the form of cash financial resources 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 an account of a legal entity, the period of activity of which does not exceed 3 months or whose account has not been used from the day the company was opened.
Also Art. 6 determines that certain transactions with movable property are subject to control:
- handing over jewelry, scrap from them, precious metals, precious stones and other valuables to a pawnshop;
- payment of insurance to a citizen or acceptance of an insurance premium from him for life insurance or another type of accumulative insurance and pension provision;
- acquisition or transfer of property through leasing;
- money transfer on the instructions of a client by a non-credit enterprise;
- purchase and sale of "jewelry", scrap of such products, precious metals and stones;
- receiving or issuing money (including in electronic form) related to participation in lotteries, sweepstakes and other gambling;
- the provision by non-credit firms of interest-free loans or the receipt by them of such loans.
Financial processes subject to control due to transaction price
Depending on the value of the transaction, operations subject to mandatory control other operations may be recognized (i.e., not meeting the conditions specified above). Such transactions include:
- Purchase and sale, gift, barter 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).
- The acquisition by a non-profit organization of money or property in the amount of more than 100,000 rubles (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. Control is also subject to the spending of a non-profit organization in the amount of 100,000 rubles.
- Movements in the accounts of enterprises strategically significant for the defense industry and 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) or more.
- Crediting or writing off money, as well as operations on the first crediting of funds to the accounts of the head contractor or participant-executor of product deliveries under state defense orders in the amount of 600,000 rubles or more. Further credits and write-offs are subject to control only when operating with amounts from 50,000,000 rubles (or their equivalent in foreign currency).
Business Procedures Subject to Transaction Control
Transactions are mandatory controlled if there is evidence of one of the parties' involvement in extremism or terrorism or the control of the transaction participant 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 of 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 without independent incomes have the right:
- operate with cash or property to receive or spend salaries in the amount of not more than 10,000 rubles per month for each specified person;
- conduct operations with money or property to receive or spend pensions, scholarships, allowances and other social payments, as well as to pay taxes, fines and other obligatory 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, financial transactions controlled in accordance with Law No. 115-ФЗ are represented by a rather wide list. It is advisable to all those involved in entrepreneurial and other financial activities to get acquainted with it in order to avoid problems and misunderstandings.
Rosfinmonitoring
Financial monitoring - This is the observation by government agencies on the economic activities of companies and businessmen, their cash flows, control and supervision of certain financial transactions.
Financial monitoring is being conducted in order to counteract the legalization (laundering) of proceeds from crime and the financing of terrorism.
The control over how companies and entrepreneurs comply with the legislation in this area is carried out by the Federal Service for Financial Monitoring - Rosfinmonitoring (paragraphs 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 No. 808).
Rosfinmonitoring Functions
Rosfinmonitoring performs the following functions:
It exercises control over the activities of citizens and organizations in terms of compliance with the laws of the Russian Federation on counteracting money laundering operations obtained by illegal means and financing terrorist movements.
Holds these persons liable in case of detection of such offenses in accordance with the legislation of Russia.
Collects, processes and analyzes data on operations and transactions that are subject to control.
Identifies transactions that indicate the illegality of transactions with property or cash transactions related to terrorist activities and money laundering.
Keeps records of organizations implementing transactions with property or transactions with funds in the field of activity of which there are no supervisory authorities.
It develops and implements a variety of measures to prevent violations of the laws of the Russian Federation on countering the legalization of income, which are obtained in an unlawful way.
Interacts and exchanges information with international organizations, competent services of foreign states.
Forwards the data to law enforcement agencies at their request for part of the anti-money laundering and financing of terrorist activities.
Maintains a unified information base in working condition.
Keeps in high secrecy the information constituting banking, state, commercial secrets and other confidential information.
Carry out other activities.
Rosfinmonitoring Powers
In its work, the Federal Service for Financial Monitoring has the right:
Suppress the activities of citizens and legal entities in violation of the legislation of the Russian Federation in the specified area.
To make proposals to the heads of authorized bodies of authority on bringing to justice those responsible.
Request information and documents necessary for a final decision from authorized bodies and organizations.
Conduct research and examination with the help of third-party organizations.
Organize working groups and commissions.
Investigate and verify.
Use other rights provided by the legislation of the Russian Federation.
When carrying out what types of activities, it is necessary to register with Rosfinmonitoring units
It is necessary to register with Rosfinmonitoring subdivisions for individual organizations and entrepreneurs that carry out operations with money or other valuable property and whose activities are not controlled by a specific supervisory service (Article 5 and Section 9 of Article 7 of Federal Law of 07.08.2001 N 115-ФЗ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism”).
Specifically, we are talking about leasing companies, payment acceptance operators.
In addition, Rosfinmonitoring controls organizations and entrepreneurs providing intermediary services for the purchase and sale of real estate, as well as commercial firms that conclude financing agreements for the assignment of monetary claims as financial agents.
For organizations and businessmen with a supervisory authority within their scope, registration with Rosfinmonitoring is not required.
What transaction information should be submitted to Rosfinmonitoring
It is necessary to inform Rosfinmonitoring of 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 jewelry worth 600,000 rubles in a jewelry store, then the store must provide information about this to Rosfinmonitoring.
In addition, if the amount of the purchase and sale of real estate is equal to or exceeds 3 million rubles. either equal to the amount in foreign currency equivalent to 3 million rubles, or exceeds it, then this should also be reported to Rosfinmonitoring (paragraph 1.1 of article 6 of Law No. 115-FZ). For example, information about this is provided by a company that provides intermediary services for the sale of real estate, simply put, a real estate company.
The obligation of banks to provide information to Rosfinmonitoring
In accordance with subparagraph 4 of paragraph 1 of Article 7 of Law N 115-ФЗ, credit organizations are required to document and submit to the authorized body no later than three business days from the date of the transaction information on transactions with cash or other property subject to mandatory control by their customers .
The operation is qualified as subject to mandatory control based on an analysis of all the information available in the credit institution, both provided by the client or his representative, and obtained from other sources of information legally available to the credit institution.
Responsibility for failure to submit to Rosfinmonitoring information on operations subject to mandatory control
For non-submission to Rosfinmonitoring of information about operations subject to mandatory control, an administrative fine is imposed.
For officials in the amount of from 30,000 to 50,000 rubles., For legal entities - from 200,000 to 400,000 rubles. or administrative suspension of activity for a period of up to 60 days (paragraph 2 of Article 15.27 of the Administrative Code).
Financial genius
Financial literacy, effective personal finance management
Financial monitoring
In this article I will analyze a topic on which I periodically receive questions - financial monitoring or, as it is called in abbreviation, financial monitoring. After reading this article, you will learn what financial monitoring is, what constitutes a body (service) of financial monitoring, how it works, how financial monitoring is carried out in banks in Russia and Ukraine, how it is regulated, what operations fall under financial monitoring, is it worth it afraid of legal entities and individuals, and a lot of other useful information on this topic.
What is financial monitoring?
So, any term that is complicated and frightening at first glance can be easily understood if you open the dictionaries and see the meanings of its constituent words. “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 carried out by a special state body - the financial monitoring service, and the responsibility to record data and transfer to this service is assigned to the financial institutions of the country, primarily commercial banks. In addition to them, the subjects of financial monitoring are insurance companies, exchanges, payment systems and many other financial institutions.
Read also: Service note on increasing employee wages sample
In different countries, this procedure can be called by different names, for example, “financial control”, “financial intelligence”, but 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 counteracting the legalization of proceeds of crime and the financing of terrorism, and is closely connected with the legislative acts relating to this (I will give the names of specific laws below).
Types of financial monitoring.
There are two types of financial monitoring: mandatory and internal. Consider what they mean.
Mandatory financial monitoring - This is an analysis of financial flows carried out by a special state body for financial monitoring.
Internal financial monitoring - This is internal banking control over the operations of clients in order to identify those transactions that are subject to mandatory financial monitoring for sending data about them to the authorized body, as well as any other operations that may be associated with money laundering and financing of criminal activity.
How is financial monitoring carried out in banks?
Now a few words about how financial monitoring is carried out in banks, what it consists of. Everything is very simple, the whole procedure is as follows:
- The bank employee performing the operation (the operator or cashier), identifies 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 performed, 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), employees of the bank’s head office generate regulatory reports that include transactions falling under financial monitoring (they are marked with codes, see above), and send these reports electronically to the authorized financial authority monitoring.
Employees of the financial monitoring service review these reports, and if they suspect that a certain operation was involved in money laundering or terrorist financing, they request additional information from the bank (the data of the client’s documents or the documents themselves) that the bank provides or requests from them customer. Then, if necessary, a check of the client, his other operations is carried out, and if a criminal scheme has been identified - detention and subsequent investigative and judicial procedures.
The exception is rare cases. For example, when someone tries to make a payment in favor of a person on the list of international terrorists or something like that.
Laws on financial monitoring.
Financial monitoring in Russia is based on law No. 115-FZ of 08/07/2001 “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism.”
Financial monitoring in Ukraine is carried out in accordance with law No. 1702-VII of 10/14/2014. “On Prevention and Counteraction of the Legalization (Laundering) of Criminally Obtained Incomes, the Financing of Terrorism and the Financing of 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 some exact points on this topic, I recommend that you study the current legislation of your country (as you understand, all kinds of changes are regularly introduced into the laws).
There are also other legislative acts that regulate issues of financial monitoring (for example, regarding the creation and functioning of bodies involved in this activity), but the above are key, basic.
Bodies of financial monitoring.
A little about how the bodies of financial monitoring are called in Russia and Ukraine, and what they are.
In Russia, it performs these functions Federal Service for Financial Monitoring or, as it is often called, Rosfinmonitoring. Official site - fedsfm.ru. Rosfinmonitoring is a federal executive body and reports to the president of the Russian Federation.
It functions in Ukraine State Service for Financial Monitoring (State Financial Monitoring), the official website is sdfm.gov.ua. This service is controlled by the Cabinet of Ministers of Ukraine, and specifically, the Minister of Finance, and has the status of a central executive authority.
Transactions falling under financial monitoring.
Next, I will consider some of the most common transactions falling under mandatory (state) and internal financial monitoring. I draw your attention to the fact that this is not an exhaustive list, and also that the list, amounts and types of operations can be changed at any time by introducing appropriate amendments to legislative acts. Therefore, to obtain 100% accurate and up-to-date information, it is best to refer to the source.
I repeat that for Russia such operations are defined by law No. 115-FZ of July 13, 2001, and for Ukraine by law No. 1702-VII of October 14, 2014.
So, what operations fall under state financial monitoring?
First of all, cash transactions in an amount exceeding 600 thousand rubles for the Russian Federation and 150 thousand hryvnias 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 of a foreign bearer check;
- exchange of banknotes of one denomination to another;
- purchase or cashing of traveller's checks;
- payment of insurance compensation or insurance premium;
- crediting or transferring funds from / 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 terrorist financing (in particular, these are offshore);
- opening deposit to bearer or in favor of a third party;
- transferring funds to a deposit abroad or crediting a refund of a deposit from abroad;
- payment of lottery winnings, cash prizes, etc .;
- depositing funds to participate in a gambling game;
- provision or receipt of interest-free loans;
- receipt or transfer of charitable assistance;
- some other operations.
Secondly, operations for any amount, if they are carried out by a person or in favor of a person (physical or legal) included in the list of persons and organizations involved in terrorism and extremism.
What operations fall under internal financial monitoring?
- Financial transactions that are confusing in nature, in which the final goal and meaning of the transaction are 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 B and D transfer them back to client A).
- Financial transactions that do not correspond to the client’s area of \u200b\u200bactivity, regardless of the amount (for example, an agricultural enterprise buys gold bullion)
- 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 three days in a row by 200 thousand rubles).
- Any operations, if the subject of financial monitoring has suspicions that they may be related to money laundering and terrorist financing.
What threatens financial monitoring?
Often people are scared of financial monitoring and are afraid to conduct operations that may fall under it. In fact, this is not a big deal. Every day, every bank carries out hundreds, thousands, tens of thousands of transactions falling under mandatory and internal financial monitoring. And this does not mean that the clients performing such operations have any problems.
It’s just that all these operations are accumulated in a database, which is stored in an authorized body (service) of financial monitoring, and can be used if necessary.
From personal experience: over 9 years of work in the bank, in the branches where I worked, operations were performed almost daily, subject to internal and mandatory financial monitoring. And during this time, never, to any client did not raise any serious questions from the regulatory authorities regarding these operations. Additional information was periodically requested from the bank, the bank requested it from the client and transmitted everything.
A bank can block an operation only if it has clear signs of money laundering or terrorist financing. Also, a lock on an account can be imposed by the state financial monitoring service. Moreover, such locks are, as a rule, temporary, until the client provides some additional documents to make sure that this operation is not subject to the laws “On counteracting legalization ...”.
Many often ask: does the operation falling under financial monitoring mean that information about it will be transferred to the tax authorities? No, it doesn’t. Information about the operation is received only by the authorized body of financial monitoring, the competence of which does not include verification of compliance with tax legislation and identification of tax evasion.
Now you have an idea of \u200b\u200bwhat financial monitoring is, how it is carried out, what types of financial monitoring are, what laws it regulates in Russia and Ukraine, what operations fall under financial monitoring. I hope that this information will be useful to you, but for more detailed information, refer to legislative acts. If you have any questions, you can always ask them in the comments.
On this I say goodbye to you. The site Financial genius is a great way to increase your financial literacy for free and get a lot of useful practical information in the field of finance, economics, success. Stay with us and be financially literate! See you soon!
Hello! We have such a situation, they cashed out 200 tons for allegedly issuing a payroll, in fact, the money was withdrawn for construction and installation works, and they have not yet reported on these amounts. Now we want to transfer stationery goods and other necessary equipment by transfer. Do we break 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 right so as not to harm yourself? If you would like to receive a reply to the mail
Konstantin Bely writes:
Hello, I don’t give answers to mail. Yes, you break the rules, you can’t do that. The amount is withdrawn by check for specific purposes, a special cash symbol is placed in the bank indicating the purpose of withdrawing funds. This is all reflected in your account statements. Any verification may reveal this discrepancy. The bank doesn’t care, it has nothing to do with it, but the tax authorities don’t. You do not need to write any letters - the bank will not change anything, and I repeat, your use of funds for other purposes is not relevant at all. If you were withdrawing money for a salary, you still had to simultaneously transfer all taxes on the payroll tax. Without this, the bank should not have given you money.
I am a long-time customer of Sberbank with a good history. I have a VISA Gold debit card, which I actively use. Today I get a call from my branch of the following content: the bank refuses your service and tomorrow morning it will block your card, so remove money from it quickly if it is there. I find out for a long time what it is: it turns out that I several times withdrew funds from the Yandex.Money payment system to the account of my Sberbank card (to understand the procedures: the transfer amounts are tens of thousands of rubles, the monthly turnover of my payments with this card is\u003e 100,000 rubles) , and the "financial monitoring department" of Sberbank decided that once payments come from the legal. persons of Yandex.Money LLC, it is me who illegally cash out the money of a legal entity, and therefore decided to refuse my service. Naturally, I did not agree with this delusional wording 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 asked me in response to bring the following documents (call was about 14 hours) explaining the legality of my operations by 5 p.m. on the same working day (!):
. 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 (I can’t get access to the text of the comments, they aren’t in Sberbank Online!).
. extract from my “virtual wallet” (meaning extract from Yandex.Money).
. checks from outlets confirming that it was me who spent the received money.
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 contacted Yandex.Money, they promised to send me confirmation that this is my personal account and my money was transferred personally, and to no legal entities. this is not related to persons.
And now, attention, questions:
. why is it the transfer of own funds from the account of the Yandex.Money payment system, owned by Sberbank, to the account of THIS FACE in Sberbank suddenly began to be "cashing of funds of legal entities" (literal wording of an employee)?
. What does ALL my purchases, the checks for which the employee requested, have anything to do with everything?
. why in such a situation the bank easily sacrifices a regular loyal customer with an ideal history and regular turnover? I was not offered any options for resolving the situation, but I was informed about the blocking as a fact, and I was simply asked to withdraw the balance immediately. Why does the bank, and its employee performing the assignment, absolutely do not care about my interests, the problems that I will have because of the sudden blocking of my main expense card, my attitude to the bank?
. why the employee who called me (an employee of my home office!) didn’t even show a minimum of participation and didn’t try to look at the situation from the client, but stupidly continued to uphold the bank’s decision, obviously? Why my arguments were not heard, and I was obviously done a huge favor by the fact that for another day I would be allowed to use a card for which I paid 3500 rubles. And if all of a sudden I don’t like something, then "does the bank have the right to unilaterally stop servicing the card / account without giving reasons"?
. What is this “financial monitoring department”, who makes decisions in it? The employee who called me said that he did not know the person in charge who made the decision to block, and that it was just that they received such a corporate mailing, and they were only executors. How can we evaluate the quality of work of this department, leave a complaint, are they ready to answer for their mistakes, and how is this responsibility realized? The telephone support service of Sberbank, from which I tried to find out these questions, could not give an answer.
. who compensates me for the time that tomorrow I will spend collecting, scanning, printing all these documents, and a trip to the bank located in the sleeping area outside the Moscow Ring Road "strictly from 10 to 17"? My working time, a client with not very penny turns, an entrepreneur with daily duties, meetings, clients, etc. at least something worth it? Why am I obliged to drop everything and rush to the bank upon request to prove that I am not a camel?