Blacklist cb bank opening. Difficult issues: the "black list" of the Central Bank
The blocking of accounts by banks has become such a massive phenomenon, it seemed that there would never be an end to this! But, the ice has broken!
We have already written about problems with commercial banks more than once. By refusing to conduct operations for their clients under Federal Law 115, banks inform the Central Bank and Rosfinmonitoring. The latter, in turn, makes up Lists 550-P, popularly known as "black lists".
Once in the “black list”, it was not possible to get out of there earlier. Until now! And this is because neither in the laws nor in the bylaws - nowhere was there a mechanism for issuing these very lists. About 500 thousand bank clients were caught in this trap.
Read also our article on changes to 115 FZ from March 2018. The changes affected the mechanism for challenging the Bank's Decisions.
You can also read about blocking an account by a bank in our article:
News: the process has begun, the light has dawned!
It would seem that the completely abnormal situation associated with getting into the "black lists" of banks according to Federal Law 115 of clients who are not connected either with cashing in or aiding terrorism does not bother anyone in the Central Bank. But, the ice has broken!
Central Bank published Methodical recommendations No. 29-МР dated 10.11.2017 "On approaches to the accounting by credit institutions of information on cases of refusal to carry out operations, on the conclusion of a bank account (deposit) agreement, on cases of termination of a bank account (deposit) agreement with a client, brought to their attention by the Bank of Russia, when determining the degree (level) of risk client ".
So what does this wonderful document say? Here are the highlights:
Formal approach to determining the level of risk of a client
The Central Bank says that many banks are formally approaching the client's criteria for money laundering and terrorist financing. As a result, companies, individuals, individual entrepreneurs are included in the "black lists", despite the fact that there are no real circumstances directly related to the risk.
A comprehensive consideration of the situation is recommended
Banks are encouraged to take a comprehensive approach when analyzing indicators that indicate the existence of money laundering and terrorist financing risks in relation to a specific transaction.For example, it is not recommended to take into account the type of activity performed by the client as the only factor influencing the assessment of the client's risk. Now the Central Bank recommends considering each operation in a comprehensive manner, taking into account all the factors of the client's activity, and not relying on only one indicator.
Let us recall the main factors that the bank analyzes:
- The amount of taxes and other payments to the budget is less than 0.9% of the debit turnover, then the account will most likely be blocked.
- The client's employees are not paid from the account;
- Personal income tax and contributions or the salary itself does not correspond to the average number of employees;
- The wage fund is set at a rate below the subsistence level;
- Personal income tax is transferred, but insurance premiums are not paid;
- There is no account balance or it is small compared to the volume of ordinary transactions;
- Payments are not related to the inherent costs of the activity;
- There is no connection between the grounds for crediting money to the account and their subsequent debiting;
- There was a sharp increase in account turnover;
- There are no payments usual for business: for example, rent, utilities, purchases of office supplies, etc.;
- Funds are credited to the account from counterparties under contracts with the allocation of VAT and are written off almost in full by the client in favor of counterparties for objects that are not subject to VAT. The bank will look at its other clients who are engaged in similar business. And compare what they have with VAT in similar situations;
- The bank monitors the client's device identifier for its coincidence with the device identifiers of other bank clients, including those clients whose accounts were closed as part of the implementation of anti-legalization measures. Matches are checked: - IP addresses, MAC addresses, phone numbers, etc.
- The ratio of the volume of cash received per week to the turnover on bank accounts is 30% or more;
- Less than two years have passed since the creation of the legal entity;
- The client's activity, in the framework of which money is credited to and debited from the account, does not create obligations to pay taxes. Or the tax burden is minimal;
- The money is credited to the account from the counterparties whose bank accounts are used for transit operations;
- The receipt of funds from the counterparty to the client's account occurs with the simultaneous receipt of money from the same counterparty to the accounts of other clients;
- Money is transferred to the account in amounts, as a rule, not exceeding 600 thousand rubles;
- Cash withdrawals regularly: as a rule, daily or within a period not exceeding three to five days from the date of receipt;
- Cash is withdrawn in an amount not exceeding 600 thousand rubles, or in an amount equal to or slightly less than the daily limit set by the bank;
- Cash is withdrawn at the end of the transaction day with subsequent withdrawal at the beginning of the next business day;
- The client has several corporate cards, and they are used mainly for cash withdrawal operations.
Blacklists - the mechanism for exiting it is described
The bank must inform Rosfinmonitoring by sending an electronic message about the deletion of information previously sent (in accordance with clauses 13 and 13.1 of Article 7 of Federal Law 115-FZ), indicating in such a message the reasons for their deletion in the following cases:
- if the client submits documents previously requested by the bank, the absence of which earlier served as the basis for making a decision to refuse to carry out the operation);
- in case of exclusion of grounds for classifying the client as a client group with a high risk of money laundering and terrorist financing.
It is recommended to analyze the reasons for refusals to clients
- about refusals to conduct operations;
- about refusals to open current accounts;
- on termination of banking service agreements.
It is necessary to analyze this information in order to identify the data that must be sent to Rosfinmonitoring to remove the client from the "black list". The Central Bank also recommends that banks open a division or appoint an official (s) authorized not only to consider complaints and appeals from customers, but also make decisions on them.
The mechanism of control of banks is described
If a client complains to the Central Bank and, in his reasonable opinion, the bank acted unfairly with him, then the incoming information will be subjected to additional careful assessment by the Central Bank. The banks will be asked for documents, information and explanations characterizing the relevant operation and confirming the validity of the decision to refuse.
- Check yourself for blacklisting website Rosfinmonitoring.
- If you, or your organization or individual entrepreneur are on the "black list", but you think that you were treated unfairly, be sure to write a complaint about the bank's actions to the Central Bank. An additional check will be carried out on your complaint. And this is your chance to break out of this vicious circle.
- If you are not on the blacklist, but the bank does not allow you to work, regularly blocking your operations, then it is acting against the law. You have 2 options: 1. Write a complaint to the Central Bank. 2. Change the bank.
How to file a complaint with the Central Bank?
- Make up the text of the appeal, indicate when you applied to the bank, write its address and time of appeal.
- Write the name of the employee with whom you spoke, his last name, first name, patronymic and position.
- Describe the situation in free form as detailed as possible.
- Indicate which articles of the law violated your rights.
- Indicate that you want to prosecute bank employees or take action against a financial institution.
You can file a complaint with the Central Bank in 2 ways:
- In writing
To do this, you need to write the text of the appeal. Further, the letter must be sent to the address 107016, Moscow, Neglinnaya street, house 12, Bank of Russia.
- Complaint online
If you want your appeal to be considered as quickly as possible, go to the official website of the Central Bank, write a complaint and submit it for review.
You can also attach files, photographs or scans of documents, audio recordings that may indicate a violation of your rights by the bank.
Our article in Telegram will help you to properly make a complaint.
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Before the law came into force, the Central Bank had no reason to include persons from non-credit financial organizations in the black list, says Igor Dubov, partner of the Moscow bar association Iontsev, Lyakhovsky and Partners. “However, the law allows inclusion in the list based on the facts recorded before its entry. This may explain the inclusion in the list of representatives of non-bank financial institutions, ”he adds.
In addition, the law provides for tougher liability for unscrupulous bankers - for them there is a possibility of a “lifetime” ban on holding managerial positions in banks, owning shares and exercising control over bank shareholders. This prohibition is introduced in the event that a person is brought to criminal liability related to the deliberate or fictitious bankruptcy of the bank, as well as in case of repeated violation of the requirements for business reputation.
In the future, the blacklist of the Central Bank may increase at a significant pace due to the expansion of the legislation on business reputation to all financial companies, says Pavel Samiev, Managing Director of the National Rating Agency (NRA).
“In an abbreviated form, similar requirements of the law existed earlier and were applied, for example, in relation to participants in the securities market, now the scope of application of the unified requirements will expand to the entire range of financial companies,” recalls Lidia Gorshkova, head of the banking and financial practice at Pepeliaev Group ... “The law provides for a wide range of grounds on which a person may be included in the regulator's blacklist.”
Sanitation factor
Experts interviewed by RBC also associate the increase in the Central Bank's blacklist in recent months with the reorganization of three banks from among the largest, which began in autumn 2017 - FC Otkritie, B&N Bank and Promsvyazbank. The banks were reorganized according to a new scheme - with the direct participation of the Central Bank as an investor with the involvement of funds from the Banking Sector Consolidation Fund (FCBS). “Perhaps the Central Bank considered the situation in several major participants at once, in particular FC Otkritie, B&N Bank and Promsvyazbank, and immediately included a large number of names in the list,” says Alexander Danilov, senior director of Fitch Ratings.
The start of the reorganization of FC Otkritie was announced on August 29, 2017, to maintain liquidity, the bank received a record RUB 1 trillion from the Central Bank. Reorganization of B&N Bank began on September 21, the bank also received support from the Central Bank, the amount was not disclosed. In both cases, among the reasons for the deterioration in the financial situation of banks, the Central Bank cited a risky business model, lending to the owners' business, and unsuccessful participation in the resolution of other banks. The reorganization of Promsvyazbank was announced on December 15, among the reasons the Central Bank pointed to lending to owners, poor-quality capital and excessive reorganization burden.
The Central Bank adds information about bankers to the list with a certain lag, and does not disclose information about this, notes Pavel Samiev. “The reorganization of three largest banks at once could become one of the factors that led to the increase in the number of names on the black list of the Central Bank,” Samiev says. Earlier, the Central Bank indicated that the Prosecutor General's Office on the fact of transactions carried out in FC Otkritie on the eve of the reorganization. In December, the Central Bank sent this after transactions carried out in Promsvyazbank.
“A fairly wide list of officials is included in the blacklist, including heads and deputy heads of branches, so the increase may be partly due to the introduction of information about the managers of Promsvyazbank,” admits Igor Dubov.
The Central Bank did not disclose the number of those who got into the "base" after the start of reorganizations at Otkritie, B&N Bank and Promsvyazbank, referring to the fact that they do not comment on the existing banks.
As it became known to Kommersant, more than a hundred high-ranking employees of FC Otkrytie Bank will be blacklisted by the Central Bank. This is the most massive case in the entire history of sanitation. Slightly fewer - given the scale of the business - are expected to be top managers "with a black mark" in B&N Bank. Bankers on the list of the Central Bank will not only be unable to occupy high positions in banks for at least five years, the new law on business reputation will close their entrance to leadership positions in other companies in the financial sector. Experts say that the blacklist really works, complicating the situation on the labor market in the industry, but does not help improve the situation in banks.
More than 120 managing employees of FC Otkritie will be blacklisted by the Central Bank, sources told Kommersant, "many have already been warned." This will affect the beneficiaries of the bank, members of the supervisory board and the board, the chief accountant and his deputy, managers and chief accountants of the branches. “Perhaps the list will also include other employees whom the temporary administration considers involved in bringing the bank to a deplorable state,” says one of Kommersant's interlocutors. “The decision has already been made and has already been communicated to many managers,” another source said, adding that most managers are unlikely to leave their jobs until the end of the temporary administration.
FC Otkritie has been recovering since August 29 at the Central Bank's banking sector consolidation fund (see Kommersant dated August 30). This is the largest bank reorganization project in Russia. Prior to that, the Bank of Moscow was the leader: the corresponding decision was made on July 1, 2011. Then the bank was ranked seventh in terms of assets in the Interfax ranking - 763 billion rubles. According to the ranking data for the first half of 2017, FC Otkritie was also ranked seventh in terms of assets, but their size was several times larger than that of the Bank of Moscow - 2.4 trillion rubles. According to the issuer's quarterly reports, at the time of the reorganization, the Bank of Moscow employed 7.6 thousand people (report for the second quarter of 2011), and 15.2 thousand people at FC Otkritie (report for the second quarter of 2017). In September, another large bank, B&N Bank, turned out to be in the consolidation fund (see Kommersant, September 22). According to sources close to him, about a hundred managers can get into the black list from there, but "there have been no instructions on this yet." According to the results of the first half of the year, B&N Bank ranked 12th in terms of assets (1.1 trillion rubles), the number of employees, according to the issuer's report for the second quarter of 2017, was 11.2 thousand people.
The Central Bank and FC Otkritie did not respond to Kommersant's request. Binbank declined to comment.
The regulator has been maintaining the black list of bankers for more than ten years. According to Art. 75 of the Law "On the Central Bank", it includes the managers of banks declared bankrupt after the revocation of the license, as well as those credit organizations in respect of which measures are being taken to prevent bankruptcy - reorganization. According to the Central Bank on July 26, the list included 6.675 thousand people. Of these, 5.621 thousand are managers and members of the board of directors, 1.029 thousand are large owners. According to the current legislation, the guilty banker is included in the list for five years, during this time he cannot hold leadership positions in banks (for which the Central Bank's approval is required), own 10% or more shares in banks.
But in the near future the list of restrictions will increase significantly. On January 28, 2018, the law on the requirements for the business reputation of the management of credit and certain types of non-credit financial institutions comes into force.
According to him, the ban on holding leading positions will apply not only to bankers, but also to other financial organizations. The law increases the term of financiers on the blacklist from five to ten years. Those who are prosecuted by the court for deliberate or fictitious bankruptcy, and repeated violators of the requirements for business reputation, face a life-long ban on the profession.
According to experts, the Central Bank's blacklist is a really working tool. “In my practice there were cases when candidates did not pass this qualification requirement,” said the owner of the company Mr. Hunt Aramis Karimov - For example, one candidate was the deputy chairman of the bank, whose license was revoked in 2011. He had to work in a lower position. Five years later, he received a "piece of paper" that he could again occupy management positions in banks, but did not want to return to management work. "
Taking into account the large-scale reorganizations of recent times and the entry into force of new norms, a large number of managers will have to forget about the financial market. Moreover, innocent employees may also suffer, experts warn. “There will be a large number of highly qualified financiers on the market who are out of work,” complains Mr. Karimov. “The biggest problem is how to identify the degree of employee involvement in questionable transactions. Clear criteria are needed to distinguish who is guilty and who is the hostage of the case. There is no such effective mechanism yet ”. Recently, the use of such measures has been getting more and more publicity, apparently, so that others will not disdain, says an independent lawyer, bankruptcy expert Igor Zinevich. However, in his opinion, this has little effect on the main task - the recovery of the banking sector. “Those who engage in fraud are aware of all the risks, they will not stop,” he is sure. that this can lead to disastrous consequences. "
Yulia POLYAKOVA, Ksenia DEMENTIEVA
The Bank of Russia will impose a ban on banking activities for a period of five years in relation to more than 120 shareholders and top managers of FC Otkritie Bank, which the regulator has been reorganizing since August 29, 2017. The black list of the Central Bank will include beneficiaries, members of the supervisory board and the board, chief accountant and his deputy, heads and chief accountants of the branches of FC Otkritie, the Kommersant newspaper reported on Wednesday, October 18, citing sources.
According to one of them, other employees of the bank may also be included in the list, whom the temporary administration deems involved in bringing it to a deplorable state. “The decision has already been made and has already been communicated to many managers,” said another source of the publication.
According to the newspaper, about a hundred managers of B&N Bank may also be blacklisted by the Central Bank, the decision on the reorganization of which by the regulator on September 21, 2017. “There have not been any instructions on this yet,” the source said on this occasion.
The sources of the newspaper did not name the names of the new persons involved in the black list. According to the interlocutor of Kommersant, most managers are unlikely to leave their jobs until the end of the temporary administration.
It is known that the key shareholder of FC Otkritie Bank is Otkritie Holding (66.64% of voting shares). He owns a 28.61% stake in Otkritie Holding. The beneficiaries of Otkritie Holding also include IFD and ICT groups, VTB Bank, Ruben Aganbegyan and the billionaire. The Supervisory Board of FC Otkritie (nine persons) is chaired by Ruben Aganbegyan. The position of the chairman of the bank's board is occupied by Evgeny Dankevich, his first deputy - Vladimir Rykunov.
Binbank's main shareholders are billionaires Mikail Shishkhanov and Mikhail Gutseriev. They arecontrol 98.76% of the bank's voting shares. The board of directors headed by Shishkhanov includes Mikhail Gutseriev, his brother billionaire Sait-Salam Gutseriev and his son Said Gutseriev. Eugene Davidovich has been the Chairman of the Board of B&N Bank (11 people) since September 18.
The Bank of Russia itself informed Forbes that they would not comment on the information about the ban on banking activities in relation to the top managers of FC Otkritie and B&N Bank. The representative of the Central Bank's press service recalled that no “black lists” are published on the regulator's website.
Nevertheless, it is known that the Central Bank maintains a database that includes information about persons whose activities, to one degree or another, negatively affected the state of credit institutions. Article 75 of the Federal Law "On the Central Bank" determines that this database includes persons "whose activities have contributed to damage to the financial position of the credit institution or violations of the laws of the Russian Federation and regulations of the Bank of Russia."
Bankers from the "black list" are prohibited from holding managerial positions in banks for five years, for which the approval of the Central Bank is required, including being members of the boards and boards of directors. They are also prohibited from buying a stake in the bank in excess of 10% of its capital.
In July 2017, the State Duma and the Federation Council approved a law on the requirements for the business reputation of the management of credit and certain types of non-credit financial organizations (NFO). The new law will come into force on January 28, 2018. It extends the term of the ban on holding executive positions in banks for persons blacklisted by the Central Bank to 10 years.
In February 2016, Deputy Chairman of the Bank of Russia Mikhail Sukhov said that 4,742 bankers who violated the requirements for business reputation were included in the black list of the Central Bank. Sukhov noted that the number of bankers on the list is growing in proportion to the number of banks with revoked licenses.
For almost a year and a half - by July 2017 - the number of this list increased by about 2,000 people. “As of July 24 of this year, information on 6,675 persons has been entered into the database,” said Lyudmila Tyazhelnikova, Director of the Department for Admission and Termination of Financial Organizations of the Bank of Russia on July 26, 2017.
She noted that 5621 people from this list are directors and members of the board of directors of banks. Of these, 3889 people cannot hold positions in banks, as their business reputation is recognized as unsatisfactory. The list then also included 1029 large bank owners.
Stanislav Volkov, the head of the validation department of the RAEX rating agency (Expert RA), was surprised by the scale of the ban against the managers of FC Otkritie. The expert explained to Forbes that usually information on such lists of the Central Bank is closed, one has to rely on leaks. “When communicating with bankers in an informal way, I see that usually this list includes members of the board (about 10 people), boards of directors (about eight) and beneficiaries (up to 5 people). If the list is not extended to employees who followed the instructions of the management, then we will not go beyond 25 people per bank, ”the expert said.
Volkov explains the long list of persona non grata by the fact that FC Otkritie is a large universal bank with many areas, including corporate, retail and investment. In addition, it was formed by the merger of several banks, that is, in different years, different people could occupy posts with the right to sign.
The analyst said that when drawing up a "black list", the Central Bank determines the areas of activity and documents that could harm creditors, and on this basis forms a list of persons who had the authority to sign these documents.
Sergei Voronenko, director of the Ratings of Financial Institutions Group at S&P, commenting in a conversation with Forbes on the potentially extensive blacklist of beneficiaries and managers of FC Otkritie, noted that this is one of the country's largest banks in terms of total assets by mid-year. “Naturally, the number of management personnel is comparable when compared with other cases when banks were much smaller,” the expert emphasized.
According to Volkov, being included in the “black list” is a rather serious measure, given that the Central Bank has become a regulator of not only banks, but also related sectors of the financial market, including microfinance, insurance, etc. Thus, obtaining such a “black mark” will complicate the negotiation of candidates for any positions in other sectors of the financial market, even if it is not explicitly prohibited. The analyst noted that there are probably options for circumventing these prohibitions, for example, with the appointment of an acting person, since formally this position can be occupied by a person who has not yet been approved by the Central Bank. “But if this situation drags on, the Central Bank may issue an order to replace the head. Such a bypass mechanism does not work for a long time, ”Volkov says.
Voronenko agrees that for top managers of FC Otkritie, the ban on holding leading positions in the banking sector can be quite tangible. But the limitation on owning shares exceeding 10% can be easily circumvented in practice. Usually, the purchase of a 9.9% stake is not coordinated with the regulator. In addition, in some cases, the final beneficiary was one person, but in fact his property was scattered into several pieces. “This is not the most painful measure,” the analyst said.
The problems of FC Otkritie became known in the summer of 2017, when the Analytical Credit Rating Agency (ACRA) assigned the bank a BBB- rating with a “stable” outlook, noting the “weak” quality of the loan portfolio. On August 29, the Central Bank announced measures to rescue FC Otkritie Bank, which ranked eighth in terms of assets in the Russian banking system. The Central Bank introduced a temporary administration to the credit organization and promised to provide it with financial support.
On September 14, the chairman of the Bank of Russia Elvira Nabiullina admitted that the management of FC Otkritie admitted “certain manipulation” in the bank's activities. She also promised that the Central Bank will challenge in court the bonuses paid to themselves by the managers of Otkritie Bank in the first half of 2017. “The decision to pay increased bonuses and dividends a month or a month and a half before the revocation of the license or reorganization can be interpreted, among other things, as the withdrawal of assets,” Nabiullina noted.
In the first half of 2017, members of the Management Board of FC Otkritie received remuneration in the amount of 477.1 million rubles, of which premiums amounted to 357.7 million rubles. For the same period last year (January-June), 704.8 million rubles were paid to the bank's management, including bonuses in the amount of 534.2 million rubles.
In October 2017, it became known that the hole in the capital of Otkritie FC Bank amounted to almost 190 billion rubles. The Central Bank previously reported that the owners of FC Otkritie will be able to retain a stake not exceeding 25% of the shares after the end of the temporary administration, only if the temporary administration does not reveal negative capital in the bank. “In this case, the existing shareholders will completely lose their ownership rights to the bank,” the Central Bank said in a statement.
On September 21, the Bank of Russia decided to take measures to improve the financial stability of B&N Bank, Growth Bank and other banks of the group. “Within the framework of these measures, it is planned that the Bank of Russia will participate as the main investor using the funds of the Banking Sector Consolidation Fund,” the regulator said in a press release. By order of the Central Bank, temporary administrations were appointed to B&N Bank and Rost Bank, which included employees of the regulator and the FCBS.
MOSCOW, October 18 - RIA Novosti. More than 120 managing employees of FC Otkritie bank will be blacklisted by the Central Bank, the Kommersant newspaper reports, citing sources.
This will affect the beneficiaries of the bank, members of the supervisory board and the board, the chief accountant and his deputy, managers and chief accountants of the branches. According to one of the newspaper's interlocutors, it is possible that the list will also include other employees whom the temporary administration considers involved in bringing the bank to a deplorable state. The decision has already been made and has been communicated to many managers, another source said, adding that most managers are unlikely to leave their jobs until the end of the temporary administration.
In August, the Central Bank announced measures to rescue FC Otkritie, until recently one of the six largest Russian banks. This is the first reorganization using a new mechanism - the Bank of Russia, having invested the funds of the Banking Sector Consolidation Fund, created this year, will become the main shareholder of FC Otkritie.
Later, the Central Bank made a decision on the same reorganization of B&N Bank. Sources close to the bank told the newspaper that about 100 managers can get into the black list from there, but "there have been no instructions on this yet." The Central Bank and FC Otkritie did not respond to the publication's request, while B&N Bank declined to comment.
The regulator has been maintaining the black list of bankers for more than ten years. It includes managers of banks declared bankrupt after license revocation or reorganization.
According to the Central Bank on July 26, there were 6,675 people on the list. Of these, 5,621 are managers and board members, and a little more than a thousand are large owners. The guilty banker is put on the list for five years. During this time, he cannot hold leadership positions, for which the approval of the Central Bank is required, and own shares in banks of 10% or more.
However, the list of restrictions will increase significantly in the near future, the newspaper said. On January 28, the law on requirements for the business reputation of the management of credit and certain types of non-credit financial organizations will come into force. According to it, the ban on holding leading positions will apply not only to bankers, but also to other financial organizations. The law also increases the term of financiers on the blacklist from five to ten years. Those who are prosecuted by the court for willful or fictitious bankruptcy, and repeated violators of the requirements for business reputation, face a life-long ban on the profession.
Experts believe that the blacklist really works, complicating the situation on the labor market in the industry, but does not help improve the situation in banks.