Find out the status of disagreement in the asv. What if the bank took deposits off the balance? How to fill out a statement of disagreement
There was a deposit in the bank "Crossinvestbank", the license was revoked on 11.04.16. 05/07/16 received insurance compensation at the Otkritie Bank (agent bank). I do not agree with the amount of compensation (about 225 thousand rubles). At the same time and in the same place, he filed a statement of disagreement with the DIA, attaching the originals of the documents (agreement and 2 PKOs). On the hands of a copy with a bank mark. The bank agent (allegedly) on 16.05 sent the documents to the DIA (there is a response by e-mail from the bank). DIA has received nothing to date. The DIA refuses to accept the application again due to the lack of original documents. My actions?
Lawyers Answers (4)
Hello Nikolai Nikolaevich!
In my opinion, no violations have been committed on your part.
At the same time and in the same place, he filed a statement of disagreement with the DIA, attaching the originals of the documents (agreement and 2 PKOs).
Nikolay Nikolaevich
Maybe it makes sense to take these documents from the bank and submit them to the DIA on their own, especially since this is provided for by the Procedure for the payment of compensation for deposits (approved by the decision of the Board of the DIA of 03.08.2006 No. 46).
Have a question for a lawyer?
Alternatively, in order not to sit and wait, as they say, by the sea of the weather, try to file a complaint on the DIA website. This can be done here
Good afternoon, Nikolai!
I do not agree with the amount of compensation (about 225 thousand rubles).
Nikolay Nikolaevich
In this situation, after submitting additional documents, the agent bank within 10 days was obliged to consider them and make appropriate changes to the register of the bank's obligations to depositors, and also inform the DIA.
Federal Law of 23.12.2003 N 177-FZ
(as revised on 03.07.2016)
"On insurance of deposits of individuals in banks of the Russian Federation"
Article 12. Procedure for payment of compensation for deposits
7. If the depositor does not agree with the amount of compensation for deposits to be paid, the Agency invites the depositor to submit to the Agency additional documents confirming the validity of his claims, and sends them to the bank for consideration. The bank within 10 calendar days from the date of receipt of these documents is obliged to consider them and, if the depositor's claims are justified, make the appropriate changes to the register of the bank's obligations to depositors, and also send a message to the Agency on the results of consideration of the depositor's claims and on the changes made to the bank's obligations to the bank. depositors
.
Since this was not done, you have the right to go to court with claims to establish the composition and amount of insurance compensation under the bank deposit agreement in the amount you specified, to oblige the Agent Bank to include the deposit requirements in the register of obligations to depositors, to collect from the DIA unpaid amount of insurance compensation under a bank deposit agreement
10. In case of disagreement with the amount of compensation to be paid on deposits, the depositor, in accordance with the legislation of the Russian Federation, has the right to apply to the court with a claim to establish the composition and amount of the relevant claims, as well as the compensation to be paid for deposits.
Please note that such a claim is filed in a court of general jurisdiction.
At the same time, I am attaching an example from judicial practice in a similar case.
In your situation, before going to court, I would recommend checking the status of your disclaimer at the following link www.asv.org.ru/insurance/claim/.
After that, the situation should clear up a little - if there is no information on the application at all, it turns out that the agent bank really did not transfer (send) your application with a package of documents to the DIA.
If this is indeed confirmed after entering the necessary information on the above link (it will be indicated that nothing was found), then you will need to call the DIA hotline (8-800-200-08-05) and inform the DIA employee of the specified problem.
If the above actions do not lead to any result (perhaps your problem will be resolved at this stage), then you will have to apply to the court for the protection of your rights.
Looking for an answer?
It's easier to ask a lawyer!
Ask our lawyers a question - it's much faster than looking for a solution.
Frequently asked Questions
According to the law, the Agency makes payments of compensation for deposits from the resources of the compulsory deposit insurance fund. The fund, in turn, is replenished from the following sources established by law: quarterly contributions of operating banks participating in the compulsory deposit insurance system; return of funds from the bankruptcy estate of liquidated banks according to the Agency's requirements based on the previously paid insurance compensation; borrowed funds received from the Bank of Russia as needed for a period of up to 5 years under a credit line, the limit of which is also adjusted as necessary.
The Agency fulfills all its financial obligations to depositors and agent banks, which, as a rule, advance insurance payments with their own funds for a period of up to 3 months, in a timely manner and in full.
The main financial indicators of the Agency are published on a quarterly basis on the Agency's website www.asv.org.ru in the section “About the Agency / Activity reports”. In accordance with the latest published financial statements, as of April 1, 2016, the balance sheet size of the Fund was 32.2 billion rubles, the size of the credit line of the Bank of Russia - 420 billion rubles.
2. On the question of the availability of a database of "off-balance sheet" accounting of deposits.
In addition to the main ABS, in which official accounting and reporting were kept, the temporary administration for the management of the Bank discovered fragments of additional databases, which testify to the organization by the former management of the Bank of non-systemic accounting of a part of the attracted funds. The register of the bank's liabilities, for which payments are made, was formed according to the data of official accounting. When considering incoming applications of disagreement, in order to make a decision on the possibility of restoring deposits in accounting, the Agency compares the amounts and details of the accounts contained in the documents submitted by the depositors and reflected in all currently available information bases, the signatures of the depositors on the documents are being compared, other analytical work is carried out in including in order to prevent the risk of payment of insurance on fictitious deposits. A conclusion about the degree of reliability and completeness of the available accounting data of the Bank can be made based on the results of such an analysis.
3. On the issue of the number of applications accepted, the speed of their processing in the Agency and the procedure for interaction of the DIA with the agent bank (PJSC Sberbank).
Reception of applications from depositors who do not agree with the amount of insurance compensation is carried out in accordance with the established procedure through the agent bank of Sberbank PJSC. All issues of the DIA's interaction with the agent bank, including the procedure for weekly transmission of accepted statements of disagreement and documents to the Agency, are governed by the agency agreement, the general conditions of which (Procedure for the participation of the agent bank in the payment of insurance compensation) are published on the Agency's website in the section “Regulatory documents / Deposit insurance ".
At present (as of August 22, 2016), the agent bank has accepted applications from 31 thousand depositors, of which 17.5 thousand depositors' applications were received by the DIA, 12 thousand were registered in the prescribed manner as incoming correspondence, of which for 7,377 thousand depositors, the applications were considered on the merits and sent to the temporary administration of the Bank, which has the exclusive right at this stage to make decisions on changing the register of insurance payments, with a request to restore deposits in full amount of the stated claims. For 5,300 depositors, decisions on restoring deposits and adjusting the register were made by the temporary administration, these depositors were invited (by sending SMS messages) for payments to the agent bank.
Summary information on the status of receiving and considering applications from 16.08.2016 is updated daily on the page "Insured events / Arksbank" of the official website of the DIA. Currently, the Agency reviews on average about 1000 applications per day. Each depositor can receive information about the registration and processing status of his application through the specially developed service "Find out the status of the statement of disagreement" http://www.asv.org.ru/insurance/insurance_cases/arksbank/claim.php, the link to which is located at the same page of the Agency's website. A separate page of the service contains examples of service messages and comments necessary for understanding them. In the absence of access to the site, the depositor can obtain information from this service by calling the "hot line" ACV 8-800-200-0805, informing the operator of his full name, series and passport number.
4. On the issue of the procedure for processing by the Agency of applications of disagreement with the amount of insurance compensation for deposits in Arksbank JSC and compliance with the principle of calendar priority.
Documents accepted by the agent bank that have a 32-digit registration number (for example, 1234567-H-123456789012-02.08.2016, where 08/02/2016 is the date the application was received by the agent bank) are sent to the DIA in batches (portions) twice a week. Registration of such documents in the DIA with the assignment of an internal registration number and date (for example, 12345-1 dated 08/08/2016), as well as the creation of electronic images (scanning) of all documents is carried out within each received batch in the order of the calendar order of receipt of applications by the agent bank ... The documents registered in this way are submitted for consideration in essence to a special subdivision of the DIA and are also considered in the calendar order of their acceptance by the agent bank. If, among the registered applications, all documents of the same date of acceptance by the agent bank are considered, then documents of the next calendar date may be considered. As of 08/19/16, applications received by the agent bank on the day of the start of payments, August 2, 2016, are being considered.
5. Concerning the timing of the completion of the processing of applications.
Based on the speed of processing already received applications (about 1000 per day), it is planned to complete their consideration in about 1.5 months after the start of payments. At the same time, it is not possible to determine the date of completion of the restoration in the accounting of all deposits, since it is currently not known for certain how many applications will be received in the future, and also what part of the depositors will submit supporting documents not for the entire amount of claims.
6. On payment of compensation to persons who have not submitted part of the supporting documents.
Currently, the decision to amend the register and pay insurance compensation is made on the basis of settlement documents (copies of cash receipts and payment orders) submitted by the depositors and account statements. In the event that the submitted documents do not confirm all the receipts of funds to the account, the deposit will be restored and the payment of compensation will be made within the amount confirmed by documents, unless a different procedure for considering the claims of depositors is established.
7. On the payment of interest on deposits.
The interest due to the depositor is also calculated on the restored deposits at the rates stipulated by the terms of the agreements for the period until the day the Bank's license is revoked. The specified interest is included in the calculation of the insurance indemnity.
8. On reimbursement of lost profits to depositors in connection with the need to restore deposits in the account.
The Agency commenced payment of compensation for deposits with the Bank 14 days after the occurrence of an insured event, which complies with the Federal Law “On Insurance of Individual Deposits in Banks of the Russian Federation”. Payment in accordance with the register is always made within three working days after the depositor contacts the agent bank. As the Agency considers the applications and is approved by the temporary administration of the Bank, the register reflects the restored amounts of deposits, for which additional insurance compensation can be obtained within the established time frame. The law provides for the Agency's liability for delays in paying the agreed amount of compensation due to its fault.
Thus, the Agency complies with the statutory requirements for the timing and amount of payment of insurance compensation.
9. Why is the acceptance of applications for disagreement with the amount of compensation for deposits in "Arksbank" (JSC) not carried out in the offices of the Deposit Insurance Agency, but only in the branches of the agent bank?
The Deposit Insurance Agency does not have its own operational offices, as well as the technical and human resources to receive and process a significant amount of documents. This function, on the basis of the Agency Agreement, is entrusted to PJSC SBERBANK, more than 300 divisions of which will receive these applications and send them to the Agency.
10. When filling out an application for disagreement with the amount of compensation for deposits in Arksbank JSC, not all supporting documents were attached (one of the incoming cash orders). How can I submit the missing document to the Agency?
In case of submission to the Agency of an incomplete package of primary bank documents confirming the amount of claims, the depositor may re-apply to the agent bank, where another statement of disagreement will be drawn up, to which the missing documents must be attached. Also, these documents can be sent to the Agency by mail (109240, Moscow, Vysotskogo st., 4).
11. The statement of disagreement on JSC "Arksbank" was issued in Sberbank on 08/02/2016. Only one application has been submitted. Why does the service "For Arksbank depositors: find out the status of the statement of disagreement" display three statements with different numbers at once?
While the service is in trial operation, in response to the user's request, along with the registration number of the original application, the registration numbers of the “draft” applications with their unique registration numbers, which the agent-bank operator created during the dialogue with the depositor, can also be seen. from the system. Such "drafts" on paper do not exist and are visible only in the service, the registration of the application in the DIA is carried out after its receipt from the agent bank in the original, therefore, the "drafts" do not affect the process of further consideration of the application. The error in the service is localized, the data is corrected by the automation services of the agent bank. After the correction, the "drafts" will not be visible.
12. Where to go to receive insurance compensation?
Before the start date of payments, the Deposit Insurance Agency will post on its website on the Internet an official announcement for depositors about the places, time, form and procedure for receiving applications for insurance compensation, indicating the agent bank, and will also send an announcement for publication in the Bank of Russia Bulletin ", To the press according to the location of the bank.
13. What is the amount of compensation for deposits in the bank?
14. Does insurance apply to funds deposited on debit bank cards (including salary cards)?
15. What currency is the refund made in?
16. What documents are required to receive reimbursement of deposits?
17. Where can I get the application form?
For depositors "VPB" Bank (JSC): find out the status of the statement of disagreement with the amount of compensation
This service is intended for depositors of "VPB" Bank (JSC) who, in one of the authorized agent banks, filed a statement of disagreement with the amount of insurance compensation (with the attachment of supporting documents) for transfer to the DIA, or independently sent an application to the DIA by mail.
The depositor has access to information about the acceptance of the application by the agent bank (the data is updated weekly), about the registration in the DIA of the application received from the agent bank or by mail (the data is updated the next day), about the beginning of the consideration of the application (the data is updated daily), about changes to the register of the bank's liabilities based on the results of consideration of the application or on other grounds (the data is updated when the agent bank accepts the changes made to the register) or sending the depositor a written refusal to make such changes (data is updated daily), on the DIA's comments on the application. Examples of service responses
To receive information about at what stage of processing the application is, the depositor must fill out a screen form, indicating his Surname, First name (in full), as well as the series and number of the passport. To protect the system from automatic viewing, a special figure with symbols is used, which must also be entered. The data is provided in full compliance of the obligatory details entered by the depositor with the information available in the DIA electronic document management system.
In the event that a statement of disagreement is drawn up in the agent bank by a REPRESENTATIVE of the depositor, such a representative can receive information about the fact of acceptance of the application by the agent bank by indicating the full name and passport data of the REPRESENTATIVE on the screen. To track the further passage of documents, you must enter the data of the DEPOSITOR.
The procedure for resolving disagreements on the amount of compensation for deposits is established by part 7 of article 12 of the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" (hereinafter - Law No. 177 - FZ) and section 8 of the Procedure for payment of compensation for deposits.
The grounds for making changes to the register are established by part 2 of article 30 of Law No. 177 - FZ.
Address for sending questions and suggestions on the operation of the service:
Warning. In accordance with Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", the Agency informs that electronic applications of citizens and responses to them sent via the Internet are transmitted through unprotected communication channels. The agency is not responsible for maintaining the confidentiality of data when it is transmitted over the Internet.
DIA on social networks
How do I get my insurance indemnity?
You can read the answers to this and other questions about insurance events and payments in the section "Deposit Insurance / Questions and Answers".
How can I repay my loan?
For information on bank details, as well as on contact persons for issues related to loan repayment, you can find in the "Loan Repayment" section.
Depositor's Handbook
If your bank goes bust
Sale of property
Frequently asked Questions
1. On the issue of forming a register of the Bank's obligations to depositors (hereinafter referred to as the Register).
Payment of insurance compensation is carried out in accordance with the Register, which was formed by the temporary administration for the management of the Bank (hereinafter - the temporary administration of the Bank) from fragments of credentials and a test register as of 30.08.2016 in the absence of an up-to-date automated banking system (ABS) and banking documents, which were not transferred to her by the former management of the Bank. In addition, the Bank revealed signs of fraudulent actions with deposits, as a result of which, in the period from January to August 2016, at least RUB 6.3 billion In this regard, the size of part of the deposits in the Register is significantly underestimated in relation to the actual size of the bank's liabilities.
Information on the above facts, which have signs of criminal offenses, was sent by the temporary administration of the Bank to law enforcement agencies for making appropriate procedural decisions.
In order to establish the fictitiousness of debit transactions on accounts from which the Bank could have made unauthorized debits, the Agency invited the owners of such accounts to personally contact the temporary administration of the Bank and fill out a special form for written confirmation of the absence of the fact that they had withdrawn funds from the cash desk of the Bank.
As the actual amount of the Bank's obligations to depositors is established, on the basis of the primary bank documents they submit, amendments are made to the register and an additional payment of insurance compensation is made.
2. On the issue of the number of accepted applications, the speed of their processing in the Agency and the procedure for interaction of the Agency with the agent bank.
Applications from depositors who do not agree with the amount of insurance compensation are accepted in accordance with the established procedure through agent banks VTB 24 (PJSC), JSC Rosselkhozbank and RNKB Bank (PJSC). All issues of interaction between the Agency and agent banks, including the procedure for weekly transmission of accepted statements of disagreement and documents to the Agency, are governed by the agency agreement, the general terms of which are published on the Agency's website in the Regulatory Documents / Deposit Insurance section.
At present (as of November 28, 2016), agent banks have accepted applications from 8,762 depositors. In addition, the temporary administration of the Bank accepted 3,843 statements about fictitious cash transactions made at the cash desk of the Bank's head office.
Summary information on the status of receiving and considering applications is updated daily on the page "Insured events /" VPB "Bank (JSC)" of the Agency's official website. Each depositor can receive information about the status of processing his application through the special service "Find out the status of the statement of disagreement", the link to which is located on the same page of the Agency's website. In the absence of access to the Internet, the depositor can obtain information from this service by calling the hot line ACV 8-800-200-0805, informing the operator of his full name, series and passport number.
3. Concerning the timing of the completion of the processing of applications.
Considering the absence of an up-to-date ABS and the identification of several types of fraudulent actions of the Bank, making decisions on restoring the real size of deposits requires an individual approach, therefore it takes a lot of time. It is not possible to determine the date of completion of the restoration in the accounting of all deposits. At the same time, the Agency is making every effort to complete the main part of the work on including the additionally established amounts of insurance compensation in the Register by December 31, 2016.
4. On payment of compensation to persons who did not submit part of the supporting documents.
Currently, the decision to amend the Register and pay insurance compensation is made on the basis of settlement documents (copies of cash receipts and payment orders) submitted by the depositors and account statements. In the event that the submitted documents do not confirm all the receipts of funds to the account, the deposit will be restored and the payment of compensation will be made within the amount confirmed by documents, unless a different procedure for considering the claims of depositors is subsequently established.
5. On the payment of interest on deposits.
The Agency, together with the temporary administration of the Bank, is working on the calculation of interest on the accounts of depositors using the documents submitted by depositors, fragments of credentials and a test register as of 30.08.2016 in the absence of up-to-date ABS and bank documentation. Investors can submit missing supporting documents at any time to the Agency or to the agent bank. At the first stage, it is planned to establish the amount of the Bank's principal debt to depositors, at the second - interest on deposits. To receive interest reimbursement, it is not required to send additional applications and documents to the Agency.
6. On compensation to depositors for lost profits in connection with the need to restore deposits in the account.
The Agency commenced payment of compensation for deposits with the Bank 14 days after the occurrence of an insured event, which complies with the Federal Law “On Insurance of Individual Deposits in Banks of the Russian Federation”. Payments in accordance with the current version of the Register are always made within three working days after the depositor contacts the agent bank. For depositors who do not agree with the amount of compensation, the Agency analyzes the documents submitted by them, on the basis of which the temporary administration of the Bank makes decisions to restore the real size of deposits and make changes to the Register, for which additional insurance compensation can be obtained within the established time frame. The law provides for the Agency's liability for delays in payments due to its fault only in part agreed(between the bank and the depositor) the amount of compensation.
7. Why is the acceptance of applications for disagreement with the amount of compensation for deposits in Bank VPB (JSC) not carried out in the offices of the Agency, but only in the branches of the agent bank?
The agency is currently considering applications by depositors of several banks at the same time, in which massive violations have been identified. Taking into account the significant volume of documents and the division of the logistics of their acceptance, the Agency entrusted the reception functions to agent banks, which have numerous operational offices, as well as the corresponding technical and personnel capabilities. For Bank VPB (JSC), the functions of agent banks on the basis of the Agency Agreement are assigned to VTB 24 (PJSC), JSC Rosselkhozbank and RNKB Bank (PJSC), about 400 divisions of which receive these applications and send them to the Agency.
In addition, the employees of the agent banks establish the identity of the depositors and certify the copies of the submitted documents confirming their claims.
8. When filling out a statement of disagreement with the amount of compensation for deposits in Bank VPB (JSC), the depositor did not attach all supporting documents (one of the incoming cash orders). How can the missing document be provided to the Agency?
In the event that an incomplete package of documents confirming the amount of claims is submitted to the Agency, the depositor can re-apply to the agent bank, provide the originals of additional documents to the employee of the agent bank, who will copy them, certify the fidelity of the copy to the original and attach copies of the documents to the application. If notarized copies of additional documents are submitted to the agent bank, the agent bank will attach them to the statement of disagreement.
In addition, originals or notarized copies of additional documents can be sent to the Agency by mail (address: 109240, Moscow, Vysotsky st., 4).
9. What is the amount of compensation for deposits in the bank?
Insurance indemnity is paid to each depositor in the amount of 100% of the amount of all deposits (accounts) with the bank, including the interest on deposits (accounts) capitalized on the date of the insured event, but in aggregate no more than 1.4 million rubles.
10. Does insurance cover funds deposited on debit bank cards (including salary cards)?
Funds on debit cards are funds deposited on current accounts of individuals opened for settlements using bank cards. Accounts are opened on the basis of a bank account agreement, which is usually part of the agreement for the issuance and maintenance of the card. As a rule, such an agreement is concluded by the depositor signing an application for opening a card, which is an acceptance of some public rules for servicing cards posted by the bank on the website. Funds deposited by or in favor of a depositor on the basis of a bank deposit or bank account agreement are considered a deposit in the terminology of the deposit insurance law. Funds on bank cards are not included in the list of exceptions. This means they are insured.
11. In what currency is the refund made?
Payment of compensation for deposits is made in rubles. If the deposit is placed in foreign currency, the amount of compensation for deposits is calculated in rubles at the rate set by the Bank of Russia on the day of the insured event.
12. What documents are required to receive compensation for deposits?
- Application in the form determined by the Agency
- Identity document used to open a bank deposit
13. Where can I get the application form?
The application form can be obtained and filled in at the office of the agent bank or downloaded here
14. Layout of the point for accepting applications of depositors of the bank "VPB" (JSC) (NOTA-bank "PJSC"):
What to do if you do not agree with the insurance payment on the deposit
The procedure for resolving disagreements about the amount of insurance payments on deposits is spelled out in the Federal Law "On insurance of deposits of individuals in banks of the Russian Federation" (Part 7, Article 12).
If the depositor does not agree with the amount of insurance compensation, then he must apply with the appropriate application to the Deposit Insurance Agency (DIA). The application must be accompanied by documents confirming the requirements of the depositor. For example, a deposit agreement / accounts, credit orders and account statements, court decisions, etc. The application form can be found on the DIA website in the "Deposit insurance" section in the "Document forms" subsection. The application with the documents must be handed over to an employee of an authorized agent bank that makes insurance payments, or sent by mail to the DIA's address.
After that, the DIA, no later than ten working days following the day of receipt of the documents, sends them to the bank for consideration. Further, the credit institution is given ten calendar days to make a decision on amending the register of the bank's obligations to depositors. During the same period, the bank must inform the DIA about the results of consideration of the depositor's claims and about the changes made to the register, if there were grounds for that. The DIA, after receiving a response from the bank, notifies the depositor of the results no later than five working days. If the bank has accepted the depositor's claims, then the last DIA pays the agreed amount of compensation. If the depositor is refused, then he has the right to go to court with a claim.
To find out information about the stage of consideration of a statement of disagreement with the amount of insurance payment, the service posted on the DIA website will help. It is located in the subsection "Find out the status of the statement of disagreement" in the section "Deposit insurance". Here you will need to fill out a form, indicating in it the full name, passport data and the name of the bank. The service monitors the status of applications registered with the DIA since September 1, 2014.
It is important to pay attention to the fact that if the depositor's claims against the bank are higher than the insured amount established by law, then the payment of the amount in excess of the insurance coverage will be carried out within the bankruptcy proceedings, and in this case it is not necessary to fill out an application for disagreement with the amount of compensation.
- Calculation of the length of service for sick leave and not only Let us consider how and on the basis of what documents the total length of service of an employee is calculated, continuous length of service, length of service for sick leave payments, including taking into account non-insurance [...]
- Normal distribution law. In probability theory and mathematical statistics, in various applications, the normal distribution law (Gauss's law) plays an important role. In probability theory and mathematical statistics, in [...]
- Question: Is it possible to exempt employees whose work is directly related to working at a computer from primary (re) briefing at the workplace? (information portal of Rostrud "Online Inspection.RF", August 2017) You can [...]
- Article 16. Amounts of labor pensions in case of loss of breadwinner Article 16. Amounts of labor pensions in case of loss of breadwinner 1. The size of the basic part of labor pension in case of loss of breadwinner is established in the following amounts: children, [...]
- Article 112. Enforcement fee Article 112. Enforcement fee See Encyclopedias and other comments to Article 112 of this Federal Law 1. An enforcement fee is a monetary penalty imposed on the debtor in the event [...]
- Peculiarities of taxation of employee bonuses. Incentive payments can be part of wages, or can be formalized as additional charges. From the accounting point of view, this is part of the labor costs, [...]
"DIA status of a statement of disagreement" - such a query in a search engine may greatly surprise uninterested people, but there is nothing special about it.
The DIA is the Deposit Insurance Agency that provides payments to citizens affected by the bankruptcy of a bank.
Statement of Disagreement with the DIA
At the beginning of this century, the state corporation DIA was created in Russia, the task of which was to insure the finances of citizens-clients of banks.
The procedure was mandatory for all banks, without exception, and applied to money in open accounts, debit cards and citizens' deposits.
The exceptions are:
- Accounts of lawyers (notaries and lawyers) opened for their activities.
- Bearer deposits.
- Money held in trust by banks.
- Deposits in branches of Russian banks located in other countries.
- Electronic money and transfers for which no accounts have been opened.
- Precious metal deposits.
If a bank's license is revoked, then all the money invested is returned to its clients in full, but in the amount of no more than 1.4 million rubles.
If the bank is declared bankrupt, depositors who have lost more than 1.4 million rubles will receive the balance after all liquidation procedures have been completed. To receive money, a citizen must submit an application and a passport to the DIA or an agent bank. This must be done during the entire liquidation period.
Note: You can receive both cash and transfer it to the account of another bank.
Usually, the DIA determines the amount to be paid on its own, based on the data of the bankrupt bank, but it happens that the amount is determined incorrectly. For example, if a client opened both a debit and a credit card at the bank, but when calculating the amount to be paid, the last payments on the loan were "lost". In this case, you must write a statement of disagreement with the amount of payments.
Also, a similar situation may arise due to the difference in the foreign exchange rate on the day of the license revocation and the day of closing.
For example, upon liquidation of VPB-Bank on the day of revocation of the license, the dollar exchange rate was 60 rubles, on the day of payment of the deposit - 58 rubles. When returning a deposit of 100 thousand dollars, the client will lose 200 thousand rubles.
Subscriber services for legal entities in St. Petersburg - we will take over all the legal work in your company: consultations, legal opinions, contract work, legal representation and registration actions.
The procedure for submitting an application will be as follows:
- First of all, it is necessary to receive a primary insurance payment, the maximum amount of which is 1.4 million rubles. Upon receipt, the DIA issues an account statement with a mark on the payment of part of the funds.
- Fill out a statement of disagreement and submit it to the agent bank. This can be done in person or by registered mail.
- DIA submits the application for consideration to the bank within 10 calendar days. Consideration takes the same period. If the bank has made a decision in favor of the client, then the correct information is transmitted to the DIA within 10 days. The DIA will correct the register within 5 days, notify the client and reimburse the correct amount. If the bank refused to satisfy, the client has the right to sue.
How to find out the status of the application
The easiest way to find out at what stage the application is through the agency's official website https://www.asv.org.ru.
This requires:
- Go to the "Deposit insurance" tab - "Find out the status of the application".
- Enter the necessary data: the name of the bank (to be selected from the list), full name, series and number of the passport.
Take into account: it is important not to forget to click the checkbox opposite the item "I agree with the processing of personal data."
After the search, the system will write at what stage the application is. If the system did not find the application at all, it is worth carefully checking the entered data - perhaps an error has crept in somewhere.
DIA or the Deposit Insurance Agency allows bank customers not to worry about their own deposits. In case of bankruptcy of the bank, individuals will be returned all their deposits in full. If the amount payable is less than it should be, the client must file a statement of disagreement and demand to reconsider the amount.
Watch a video explaining how the Deposit Insurance Agency works:
Good afternoon. I carefully read your article, but did not find the answer to my question in it.
I am a client of the Moscow branch of Talmenka-Bank, whose license was revoked at the beginning of the year. I applied to the DIA, wrote a statement of disagreement with the agent bank, attached to it photocopies of the deposit agreement and cash receipt.
But the answer surprised me a lot. I simply didn’t appear in the register of contributors! How is this possible? How to protect yourself from such situations in the future? I have a deposit in Tinkoff Bank, maybe there I’m not in the register?
And what should I do now? Looking for other failed contributors? Go to court?
The DIA's letter does not shed light on the situation:
Hope you can help.
Michael, we sympathize with your situation.
Ekaterina Morozova
lawyer at Tinkoff Bank
If a bank client does not agree with the amount of compensation for deposits, the procedure for his actions is spelled out in paragraphs. 7-10 st. 12 of the Law on Insurance of Individual Deposits.
The situation when information about the client's deposit is absent in the bank's register is not regulated by law. But in this case it makes sense to act by analogy. Disagreement with the amount of compensation is the same as disagreement with the absence of you as a depositor in the bank's register and with the fact that you are entitled to compensation in the amount of 0 rubles.
The only way to get a refund on a deposit- make changes to the register of contributors. To do this, the victim or his representative must send an application to the DIA for inclusion in the register of depositors. All documents you have must be attached to the application, which confirm that you had a deposit in this bank. This includes account statements, statements from the bank, SMS from the bank, and so on.
I advise you to send copies of documents certified by a notary to the DIA. Save the originals for trial.
The DIA is obliged to send your application to the bank that has lost its license. The bank, in turn, is obliged to consider your application within 10 days and, if it is justified, to correct its register.
1,4
million rubles - the maximum amount of the deposit that the DIA will reimburse
Court. Since you have already received a refusal from the DIA, I advise you to go to court and file a claim against the DIA and the bank (represented by the temporary administration) to establish the composition and amount of the relevant claims, as well as the compensation to be paid for deposits. In this case, the DIA and the bank will act as co-defendants, that is, in the statement of claim you ask the bank to include you in the register, and the DIA - to pay insurance. Attach to this statement of claim the originals of all documents that confirm the presence of a deposit in the bank, as well as the refusal to refund that the DIA sent you.
For more information on how to file a claim, read the articles of Tinkoff magazine:
Timing. In accordance with Art. 7 of the Law on Insurance of Individuals' Deposits, you have the right to apply to the DIA starting from the day of the occurrence of the insured event until the day of completion of the bankruptcy proceedings. If the Bank of Russia introduces a moratorium on the satisfaction of creditors' claims - then until the day the moratorium expires. If you missed this deadline, you can try to restore it on the grounds provided for in the law (clause 2, article 10 of the law on insurance of deposits of individuals). The term for going to court is 3 years from the date of the insured event.
Deposits in other banks. Until the license is revoked, banks do not keep a register of depositors. Banks form various registers to work with depositors and do portfolio analysis, but these registers are not intended to be transferred to the DIA in case of license revocation. The register for the DIA is formed only after the occurrence of the insured event.
Therefore, you will not be able to check whether you are present in the register for the DIA in any other operating bank, despite the presence of deposits.
In order to protect yourself from such situations in the future, I advise you to keep all bank documents until the end of the term of the deposit. Do not throw away account statements, do not erase the SMS from the bank on your phone - all this can be useful to you. Such documents play a key role in considering the inclusion of a contributor in the register.
If you have a question about personal finances, expensive purchases or family budget, write: [email protected] We will answer the most interesting questions in the magazine.
1. On the issue of the Agency's availability of funds to ensure payments of insurance compensation to the Bank's depositors.
According to the law, the Agency makes payments of compensation for deposits from the resources of the compulsory deposit insurance fund. The fund, in turn, is replenished from the following sources established by law: quarterly contributions of operating banks participating in the compulsory deposit insurance system; return of funds from the bankruptcy estate of liquidated banks according to the Agency's requirements based on the previously paid insurance compensation; borrowed funds received from the Bank of Russia as needed for a period of up to 5 years under a credit line, the limit of which is also adjusted as necessary.
The Agency fulfills all its financial obligations to depositors and agent banks, which, as a rule, advance insurance payments with their own funds for a period of up to 3 months, in a timely manner and in full.
The main financial indicators of the Agency are published on a quarterly basis on the Agency's website www .. In accordance with the latest published financial statements as of April 1, 2016, the balance sheet size of the Fund was 32.2 billion rubles, the size of the credit line of the Bank of Russia - 420 billion rubles.
2. On the question of the availability of a database of "off-balance sheet" accounting of deposits.
In addition to the main ABS, in which official accounting and reporting were kept, the temporary administration for the management of the Bank discovered fragments of additional databases, which testify to the organization by the former management of the Bank of non-systemic accounting of a part of the attracted funds. The register of the bank's liabilities, for which payments are made, was formed according to the data of official accounting. When considering incoming applications of disagreement, in order to make a decision on the possibility of restoring deposits in accounting, the Agency compares the amounts and details of the accounts contained in the documents submitted by the depositors and reflected in all currently available information bases, the signatures of the depositors on the documents are being compared, other analytical work is carried out in including in order to prevent the risk of payment of insurance on fictitious deposits. A conclusion about the degree of reliability and completeness of the available accounting data of the Bank can be made based on the results of such an analysis.
3. On the issue of the number of applications accepted, the speed of their processing in the Agency and the procedure for interaction of the DIA with the agent bank (PJSC Sberbank).
Reception of applications from depositors who do not agree with the amount of insurance compensation is carried out in accordance with the established procedure through the agent bank of Sberbank PJSC. All issues of the DIA's interaction with the agent bank, including the procedure for weekly transmission of accepted statements of disagreement and documents to the Agency, are governed by the agency agreement, the general conditions of which (Procedure for the participation of the agent bank in the payment of insurance compensation) are published on the Agency's website in the section “Regulatory documents / Deposit insurance ".
At present (as of August 22, 2016), the agent bank has accepted applications from 31 thousand depositors, of which 17.5 thousand depositors' applications were received by the DIA, 12 thousand were registered in the prescribed manner as incoming correspondence, of which for 7,377 thousand depositors, the applications were considered on the merits and sent to the temporary administration of the Bank, which has the exclusive right at this stage to make decisions on changing the register of insurance payments, with a request to restore deposits in full amount of the stated claims. For 5,300 depositors, decisions on restoring deposits and adjusting the register were made by the temporary administration, these depositors were invited (by sending SMS messages) for payments to the agent bank.
Summary information on the status of receiving and considering applications from 16.08.2016 is updated daily on the page "Insured events / Arksbank" of the official website of the DIA. Currently, the Agency reviews on average about 1000 applications per day. Each depositor can receive information about the registration and processing status of his application through the specially developed service "Find out the status of the statement of disagreement" http: //www..php, the link to which is located on the same page of the Agency's website. A separate page of the service contains examples of service messages and comments necessary for understanding them. In the absence of access to the site, the depositor can obtain information from this service by calling the "hot line" ACV 8-800-200-0805, informing the operator of his full name, series and passport number.
4. On the issue of the procedure for processing by the Agency of applications of disagreement with the amount of insurance compensation for deposits in Arksbank JSC and compliance with the principle of calendar priority.
Documents accepted by the agent bank that have a 32-digit registration number (for example, 1234567-H-123456789012-02.08.2016, where 02.08.2016 is the date the application was received by the agent bank) are sent to the DIA in batches (portions) twice a week. Registration of such documents in the DIA with the assignment of an internal registration number and date (for example, 12345-1 dated 08/08/2016), as well as the creation of electronic images (scanning) of all documents is carried out within each received batch in the order of the calendar order of receipt of applications by the agent bank ... The documents registered in this way are submitted for consideration in essence to a special subdivision of the DIA and are also considered in the calendar order of their acceptance by the agent bank. If, among the registered applications, all documents of the same date of acceptance by the agent bank are considered, then documents of the next calendar date may be considered. As of 08/19/16, applications received by the agent bank on the day of the start of payments, August 2, 2016, are being considered.
5. Concerning the timing of the completion of the processing of applications.
Based on the speed of processing already received applications (about 1000 per day), it is planned to complete their consideration in about 1.5 months after the start of payments. At the same time, it is not possible to determine the date of completion of the restoration in the accounting of all deposits, since it is currently not known for certain how many applications will be received in the future, and also what part of the depositors will submit supporting documents not for the entire amount of claims.
6. On payment of compensation to persons who have not submitted part of the supporting documents.
Currently, the decision to amend the register and pay insurance compensation is made on the basis of settlement documents (copies of cash receipts and payment orders) submitted by the depositors and account statements. In the event that the submitted documents do not confirm all the receipts of funds to the account, the deposit will be restored and the payment of compensation will be made within the amount confirmed by documents, unless a different procedure for considering the claims of depositors is established.
7. On the payment of interest on deposits.
The interest due to the depositor is also calculated on the restored deposits at the rates stipulated by the terms of the agreements for the period until the day the Bank's license is revoked. The specified interest is included in the calculation of the insurance indemnity.
8. On reimbursement of lost profits to depositors in connection with the need to restore deposits in the account.
The Agency commenced payment of compensation for deposits with the Bank 14 days after the occurrence of an insured event, which complies with the Federal Law “On Insurance of Individual Deposits in Banks of the Russian Federation”. Payment in accordance with the register is always made within three working days after the depositor contacts the agent bank. As the Agency considers the applications and is approved by the temporary administration of the Bank, the register reflects the restored amounts of deposits, for which additional insurance compensation can be obtained within the established time frame. The law provides for the Agency's liability for delays in paying the agreed amount of compensation due to its fault.
Thus, the Agency complies with the statutory requirements for the timing and amount of payment of insurance compensation.
9. Why is the acceptance of applications for disagreement with the amount of compensation for deposits in "Arksbank" (JSC) not carried out in the offices of the Deposit Insurance Agency, but only in the branches of the agent bank?
The Deposit Insurance Agency does not have its own operational offices, as well as the technical and human resources to receive and process a significant amount of documents. This function, on the basis of the Agency Agreement, is entrusted to PJSC SBERBANK, more than 300 divisions of which will receive these applications and send them to the Agency.
10. When filling out an application for disagreement with the amount of compensation for deposits in Arksbank JSC, not all supporting documents were attached (one of the incoming cash orders). How can I submit the missing document to the Agency?
In case of submission to the Agency of an incomplete package of primary bank documents confirming the amount of claims, the depositor may re-apply to the agent bank, where another statement of disagreement will be drawn up, to which the missing documents must be attached. Also, these documents can be sent to the Agency by mail (109240, Moscow, Vysotskogo st., 4).
11. A statement of disagreement on JSC "Arksbank" was issued in Sberbank on 08/02/2016. Only one application has been submitted. Why does the service "For Arksbank depositors: find out the status of the statement of disagreement" display three statements with different numbers at once?
While the service is in trial operation, in response to the user's request, along with the registration number of the original application, the registration numbers of the "draft" applications with their unique registration numbers, which the operator of the agent-bank created during the dialogue with the depositor, can also be seen. from the system. Such "drafts" on paper do not exist and are visible only in the service, the registration of the application in the DIA is carried out after its receipt from the agent bank in the original, therefore, the "drafts" do not affect the process of further consideration of the application. The error in the service is localized, the data is corrected by the automation services of the agent bank. After correcting "drafts" will not be visible.
12. Where to go to receive insurance compensation?
Before the start date of payments, the Deposit Insurance Agency will post on its website on the Internet an official announcement for depositors about the places, time, form and procedure for receiving applications for insurance compensation, indicating the agent bank, and will also send an announcement for publication in the Bank of Russia Bulletin ", To the press according to the location of the bank.
13. What is the amount of compensation for deposits in the bank?
Insurance indemnity is paid to each depositor in the amount of 100% of the amount of all deposits (accounts) with the bank, including the interest on deposits (accounts) capitalized on the date of the insured event, but in aggregate no more than 1.4 million rubles.
14. Does insurance apply to funds deposited on debit bank cards (including salary cards)?
Funds on debit cards are funds deposited on current accounts of individuals opened for settlements using bank cards. Accounts are opened on the basis of a bank account agreement, which is usually part of the agreement for the issuance and maintenance of the card. As a rule, such an agreement is concluded by the depositor signing an application for opening a card, which is an acceptance of some public rules for servicing cards posted by the bank on the website. Funds deposited by or in favor of a depositor on the basis of a bank deposit or bank account agreement are considered a deposit in the terminology of the deposit insurance law. Funds on bank cards are not included in the list of exceptions. This means they are insured.
15. What currency is the refund made in?
Payment of compensation for deposits is made in rubles. If the deposit is placed in foreign currency, the amount of compensation for deposits is calculated in rubles at the rate set by the Bank of Russia on the day of the insured event.
16. What documents are required to receive reimbursement of deposits?
- Application in the form determined by the Agency
- Identity document used to open a bank deposit
17. Where can I get the application form?
The application form can be obtained and filled in at the office of the agent bank or downloaded
Appendix 4
to the Procedure for the payment of compensation for deposits
dated August 3, 2006 (Minutes No. 46)
as amended by decisions of the Board of the Agency
dated 13.03.2008 (minutes No. 12),
from 14.02.2011 (minutes No. 11)
To a state corporation
"Deposit Insurance Agency"
Statement
disagreement with the amount of compensation
name of the bank participating in the deposit insurance system
________________________________________________________________________________
surname, name, patronymic of the applicant
Day, month, year of birth “___” __________________ ______ year
Identity document ________________________________________________________________________________
type of document: passport or a document replacing it
series _____________ number ________________ issued on “____” ____________ _____ year
________________________________________________________________________________
name of the issuing authority
________________________________________________________________________________
Mailing address ________________________________________________________________________________
postal code, country (for international postal notifications),
________________________________________________________________________________
republic (territory, region, district), settlement, street, house, structure, building, apartment
________________________________________________________________________________
Contact number ______________________________________________________________
In connection with disagreement with the amount of compensation payable in accordance with the bank's liabilities register, I am sending additional documents confirming the validity of my claims:
1.______________________________________________________________________________
2.______________________________________________________________________________
title, date and number of the document
3.______________________________________________________________________________
title, date and number of the document
Additional documents are attached.
The list of mutual obligations as of the date of occurrence of the insured event and the calculation of the insurance indemnity is given in the application.
Please review and report on the results of the review.
List of the bank's obligations to the depositor:
The list of the depositor's obligations to the bank (if any):
The amount of compensation (according to the calculations of the applicant): ______ rubles ____________________________ cop.
Additional Information ___________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
______________________________ "_____" _______________ ______ of the year
signature date of signing the application
This section is filled in if:
1) replacement of the depositor's identity document, according to which a bank deposit (account) agreement has been concluded with the bank; 2) submission of an application for payment of compensation for deposits by a person who is not a depositor of the bank (for example, its representative).
In the first case, the additional information includes:
- details of the depositor's identity document, according to which a bank deposit (account) agreement was concluded with the bank;
In the second case, the following are indicated:
- Full name of the depositor, whose interests are represented by the applicant, the applicant, details of the identity document of the depositor, according to which a bank deposit (account) agreement was concluded with the bank (with the obligatory attachment of original documents or their notarized copies confirming the applicant's right to apply for payment of insurance compensation ). The documents submitted by such an applicant must contain information about the details of the depositor's identity document.