Blocking of individuals' bank accounts. Financial monitoring

What to do if the bank has blocked your account or closed it on the basis of Law No. 115-FZ: reasons and ways to solve the problem

IN Lately many legal entities And individual entrepreneurs began to face the problem of “blocking” the current account at the initiative of the bank with subsequent demand close this account, receiving in explanation a fairly general formulation with reference to Law No. 115-FZ. Qualified financial monitoring lawyers will help you understand this situation.

Federal Law No. 115-FZ dated August 7, 2001 “On combating the legalization (laundering) of income received criminally, and the financing of terrorism" regulates the activities of citizens and organizations that carry out transactions and operations with in cash and other property, return of stolen money from the account, as well as activities government agencies, whose powers are aimed at exercising control over the conduct of similar transactions and operations.

In order to counter attempts to launder proceeds of crime in progress banking operations credit institutions are obliged to independently organize the system internal control taking into account the requirements of the law, they are given the right to refuse to open a current account for a client or to suspend operations (block) without giving reasons. Unblocking a current account will take a lot of time in such cases, but financial monitoring lawyers advise not to panic, but to correctly assess the situation.

To begin with, it is worth distinguishing between two different procedures:

• suspension of account transactions;
• suspension of a specific financial transaction.

Lawyers under 115-FZ note that the bank has the right to completely suspend all operations on the account only if the owner is included in the list of organizations and individuals, in relation to which there is information about their involvement in extremist activities or terrorism. This list is posted on the official website of Rosfinmontoring (lawyers have open access to it).

In all other cases, the decision to completely block it, as well as return the stolen money from the account, can only be made by Rosfinmonitoring or the court. At the same time, Rosfinmonitoring has the right to “freeze” the account for up to 30 days and only if there is information about the account owner’s involvement in terrorist activities(including the financing of terrorism). For more long time an account can only be blocked by a court decision.

In practice, such situations occur quite rarely. But the bank’s refusals to carry out certain specific transactions on the account - transfers of funds to third party accounts or cash withdrawals - are becoming more and more frequent. This is due not only to the strengthening of state control over the financial transactions of citizens and organizations, counteracting the “cashout” of funds and their withdrawal from state control, but also through attempts by unscrupulous banks to make money additional income on commissions, including when closing a client account.

In order not to fall under mandatory control by the bank or Rosfinmonitoring, financial monitoring lawyers recommend, first of all, to comply with the conditions provided for in Art. 6 and 7 of Law No. 115-FZ.

Lawyers also note that according to 115-FZ, client operations are divided into those subject to mandatory control and suspicious transactions. Information on transactions with funds or other property subject to mandatory control is submitted directly to Rosfinmonitoring. If a transaction raises bank employees' suspicions that it is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, the bank, no later than three business days following the day such transactions are detected, is obliged to send information about such transactions, regardless of whether , whether or not they relate to operations subject to mandatory control by Rosfinmonitoring.

In other words, if the bank has qualified the transaction as suspicious or subject to mandatory control, the credit institution may need to request from the client Additional information for the purpose of transferring information to Rosfinmonitoring. It is for this purpose that banks introduce a fee for the client’s failure to provide information at the bank’s request, justifying the nature of the transaction. The fee for the provision of services for maintaining a client account is established in bank tariffs. The Bank has the right to change unilaterally tariffs, if provided for in the bank account agreement. It is worth carefully reading all the requirements of the bank and the agreement as well. Thus, the introduction of a tariff and its increase, according to the Banks, is considered a measure of compliance with Law No. 115-FZ.

What else should you pay attention to?

In the event that a bank account is blocked by a bank on the basis of the provisions of Law No. 115-FZ, it is necessary to find out the exact reason why this happened. It may be that in order for the current account to be unblocked successfully, you will need to submit documents to the bank confirming the legality of the transactions or transactions carried out. At the same time, recently banks, abusing their rights, are increasingly using legal mechanism Law No. 115-FZ in order to earn as much commission income as possible from protective tariffs, and therefore, regardless of the provision of the requested documents and the client’s good faith, the bank refuses to carry out transactions on the account, referring to Law No. 115-FZ, and insists on closing the account.

At the same time, in their tariffs, banks provide for an increased commission for transferring balances from a current account if the account is closed due to the bank’s refusal to conduct transactions on it in accordance with Law No. 115-FZ. In practice, such a commission can be up to 30%. However, its retention by the bank is not always legal. If the bank applied a protective tariff (increased commission) to your organization, then with the correct tactics of claims and judicial work You can not only return the amount of the written-off commission, but also recover from the bank losses, interest for the use of other people’s funds, as well as court expenses. Specialists of the legal company LLC " Financial Lawyer“they know how to do this and will help you and your business in difficult times. We will be glad to see you among our clients!

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The Central Bank instructed credit organizations Be more active in looking for cash and reporting dubious companies to the tax authorities. Banks will look at the amount of taxes for a specific parameter and compare salaries with personal income tax and contributions. And much more. We will tell you by what criteria the bank will consider your business questionable and report it to the tax office.

Tracking tax patterns

Fresh (dated July 21, 2017 No. 18-MR) was published by the Central Bank on identifying tax schemes.

The Central Bank wants banks to track their clients:

• the amount of taxes and other payments to the budget.

If a company or individual entrepreneur pays taxes less than 0.9% of debit turnover, then the account, in high probability, will be blocked.

Of course, the Central Bank makes a note: payment of taxes below the designated level is not the only determining factor for the “automatic” recognition of the fact that a client has performed questionable transactions.

But, in general, it is clear that now this is a new reason to block the account.

There are ways to avoid account blocking.

In addition to the criterion for the level of tax payment, the Central Bank offered banks the following:

• the client’s employees are not paid from the account;
• Personal income tax and contributions or the salary itself does not correspond average number employees;
• fund wages set at a rate below the subsistence level;
• personal income tax is transferred, but insurance premiums are not paid;
• there is no balance in the account or it is small compared to the volume of regular transactions;
• payments are not related to costs inherent in the activity;
• there is no connection between the reasons for crediting money to the account and their subsequent debiting;
• there was a sharp increase in account turnover;
• no payments typical for business: for example, rent, utilities, purchases stationery and etc.;
• funds are credited to the account from counterparties under contracts with the allocation of VAT and practically in in full written off by the client in favor of counterparties for items not subject to VAT. The bank will look at its other clients who are engaged in similar businesses. And compare what happens with VAT in similar situations.

But the above criteria of the Central Bank are not enough. He recalls the obligation of banks to monitor:

• IP address,
• MAC address,
• SIM card number,
• phone number, etc.

Moreover, banks are instructed to find out whether these data coincide with the data of other companies whose accounts were closed as part of “anti-legalization” measures.

Those. Firms served by the same company may come under scrutiny accounting firm, if one of the clients turned out to be unreliable.

Banks actively cooperate with tax authorities. Just a little... And not only. when the bank reports your company to Rosfinmonitoring. Even individual entrepreneurs’ deposits are under suspicion.

Problems with corporate cards

(dated July 21, 2017 No. 19-MR) applies to companies and individual entrepreneurs who receive cash using corporate cards. The Central Bank believes that possible goals of such operations are money laundering and assistance to terrorists.

Signs by which a company or individual entrepreneur is recognized as dishonest:

• the ratio of the volume of cash received per week to turnover bank accounts 30% or more;
• less than two years have passed since the date of creation of the legal entity;
• the client's activities, within the framework of which money is received into the account and debited from it, do not create obligations to pay taxes. Or the tax burden minimal;
• money is transferred to the account from counterparties through whose bank accounts transit transactions take place;
• 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 goes into the account in amounts usually not exceeding 600 thousand rubles.;
• cash withdrawals regularly: usually daily or within a period not exceeding three to five days from the date of receipt;
• cash is withdrawn, as a rule, no more than 600 thousand rubles, or in an amount equal to or slightly less than the daily limit established by the bank;
• cash is withdrawn at the end of the operating day, followed by cash withdrawal at the beginning of the next operating day;
• The client has several corporate cards, and they are used primarily to carry out transactions to receive cash.

Did you know that now companies or individual entrepreneurs whom they consider unscrupulous? Moreover, without any reason.

• periodically analyze the amount of cash that can be issued during one business day from using all the client’s corporate cards;
• monitor customer transactions at least once a week, guided by the new methodology;
• send information about suspicious clients to Rosfinmonitoring.

The new recommendations of the Central Bank are especially dangerous for individual entrepreneurs who use corporate cards to remove own money from current accounts. If banks start working according to guidelines, this may make it impossible to use cards for such operations. After all, the individual entrepreneur will not be able to prove where the withdrawn money went.

And one more thing: the commission for cash withdrawals will increase

Alfa Bank recently distinguished itself. It is no longer clear on what specific instructions of the Central Bank, but from August 14 it plans to charge a 25% commission for cash withdrawals in certain situations.

Clients were informed that they would take 10% of the amount for transferring the balance of funds and 25% for issuing cash in relation to companies and individual entrepreneurs to whom measures were applied, provided by law No. 115-FZ “On combating the legalization of proceeds from crime.”

The bankers did not specify how to understand who is blacklisted.

We have sorted out the latest ones that irritate everyone. How does your bank put a spoke in the wheels of business?

Opinions

They're all crazy!

Who is John Galt?

"Atlas Shrugged" book or movie.

But Ayn Rand wrote science fiction

Hmm... The apocalypse will come when the state tries to force individual entrepreneurs to deposit cash in the bank. How many of us work without using a PC?

I came across such a situation in Ukraine... where all this has been working for a long time, that is, what we are discussing now is nonsense... when the tax VAT control system is fully implemented, then all the “issues” regarding cashing... cash withdrawals ...taxes... bank turnover will be a thing of the past, as it will be tracked full story goods from a manufacturer or importer.., there entrepreneurs are panicky unscrupulous supplier, because a scheme has been implemented to simply charge additional VAT, that is, if a company that has not paid VAT gets involved in the manufacturer-buyer scheme, everyone will simply be charged additional VAT... and then prove in court that you are a bona fide payer!

So nothing new, it’s just a normal scheme due to total corruption and waste of funds tax control It took a very long time to come to us.

Al_Kor, You wrote:

.there will be two schemes of work, either a shadow one - purely for cash, or a light one - everything is purely with payment of all taxes

Therefore, in April of this year, I decided to retire from business.

yante, You wrote:

Al_Kor, You wrote:

.there will be two schemes of work, either a shadow one - purely for cash, or a light one - everything is purely with payment of all taxes

Therefore, in April of this year, I decided to retire from business.

And by what scheme, if it’s not a secret, did you stop working?

Al_Kor, You wrote:

yante, You wrote:

Al_Kor, You wrote:

.there will be two schemes of work, either a shadow one - purely for cash, or a light one - everything is purely with payment of all taxes

Therefore, in April of this year, I decided to retire from business.

And by what scheme, if it’s not a secret, did you stop working?

By all accounts...I bought a certain amount of equipment with the money I acquired and just rent it out...without any worries or hassle, now I swim in the sea, drink ice-cold chacha or cold beer...well, when I get bored, I write comments here about " past affairs"

Well, they say that life is bad for our pensioners...
Good luck, Neighbor

Anonymous, You wrote:

Anonymous, You wrote:

msneg, You wrote:

Izem, You wrote:

That is, it is actually prohibited to have more than one current account, to withdraw money from an individual entrepreneur providing services (there are no expenses), to work in general if the LLC is less than 2 years old, to small companies and individual entrepreneurs to enter into agreements with big clients? Well, and, apparently, it would be logical to bring the situation to the point of insanity and force LLCs and individual entrepreneurs to maintain their accounting in the bank’s system. But, after all, the first step for this has already been taken - many banks have begun to very persistently (and in some cases, even free of charge) offer their accounting services. reporting...

Do banks offer free accounting? Wow, don’t you know which ones?

At Tinkov's personal account there is this service. Really free. Taxable profit is calculated automatically and a notification is sent by email “Don’t forget to pay [such and such] tax by such and such date.” Personally, I find this convenient. And the fact that they are trying to separate legal entities from individual entrepreneurs based on financial flows has been going on for a long time.

It’s interesting to calculate the profit automatically.... To be honest, it sucks. Will the cost price be calculated automatically too? And they will divide everything up, where are the direct ones, where are the indirect ones, just as everything is spelled out in the UP LLC?? And for an individual entrepreneur, if the salary is paid in cash, in reduction, how will they take it? How will they calculate the same amount....????

For 25% you can cash out money obtained by criminal means, an indulgence worth 25%

Anonymous, You wrote:

Hmm... The apocalypse will come when the state tries to force individual entrepreneurs to deposit cash in the bank. How many of us work without using a PC?

It already happened cash discipline for individual entrepreneurs on UTII and there were checks, then canceled