“I will buy a deposit with a 25% discount or exchange it for an apartment in Brovary.” There are more and more similar announcements of more than 3.5 thousand bank depositors on the Ukrainian Deposit Exchange, which was created a few months ago, trying in vain to withdraw money from their deposit accounts.

“I will buy a deposit with a 25% discount or exchange it for an apartment in Brovary.” There are more and more similar announcements on the Ukrainian Deposit Exchange, created a few months ago. There are more and more bank depositors trying in vain to withdraw money from their deposit accounts: at the end of 2008, financial institutions did not issue deposits ahead of schedule, now they refuse to return expired deposits. deposits and money from current accounts. It is especially difficult (more precisely, expensive) to get money out of a bank with a temporary administration. However, clients and prosperous financial institutions are ready to sell the deposit at a discount, just to get cash as soon as possible. Contracts figured out how to use legal and illegal methods to recover money stuck in the bank.

Court
The cheapest way to return money from a deposit and a current account

Maria Bereznyuk's deposit expired on March 1st. She kept money in one of the large banks, now a temporary administration operates in this financial institution. “The amount of the deposit is $30,000. I still haven't received even a part of this money,” the depositor says. The bank employees flatly refuse to tell her the date of payment of the funds and the scheme for the return of money.

Sell ​​deposit Average discount on deposits

Maria Bereznyuk wrote an application for the return of the deposit addressed to the head of the bank branch. “The application must be drawn up in two copies: one depositor keeps for himself, the second gives to the bank. The documents must be signed by an employee of the department about the acceptance of the application, put the date and stamp of the financial institution,” comments the managing partner law firm Jurimex Yuri Krainyak. The seal of the bank on the depositor's application is required - banks often deny the fact of receiving any written requirements from customers, delaying the return of money. Maria Bereznyuk had to send the document by registered mail - bank employees refused to put a seal on the application, referring to the busyness of the head in charge of the seal. In litigation, notification of receipt by the bank of a registered letter will replace the seal of the financial institution on the document.

After receiving the application, the bank is obliged to consider and respond to it within a month. According to Maria Bereznyuk, the term has not yet expired and the bank has not yet notified her of its decision. If the financial institution refuses to resolve the case amicably, the depositor intends to go to court.

Before filing documents with the court, the depositor must prepare a package of the following documents:

Bank deposit agreement;

Receipts for depositing money into a deposit account;

Application with a demand

return the money;

Confirmation of receipt of this letter by the bank;

The bank's response to a letter about the early return of the deposit (if any).

Maria will win the case in court - banks do not have the right to delay the issuance of deposits and funds from current accounts, even if the financial institution has a moratorium on satisfying creditors' claims (today - in all banks with temporary administration). This ban does not apply to bank depositors, but only to persons who have issued a loan to a financial institution. Bankers, of course, assure the opposite, but most depositors win cases for the return of deposits in the courts. At the same time, the moratorium on early withdrawal of funds from deposit accounts also does not apply (for more details, see “Was there a moratorium?”). Therefore, a depositor who goes to court with a demand to the bank to return the money will win the case.

The cost of legal services in litigation depends on the rank of the specialist of the law firm (ordinary lawyer or partner of the firm), the firm's reputation in the market, the specifics of the case (the amount of the deposit, the bank in which the money was hung, the terms of the deposit agreement). For example, than more amount deposit, the lower the percentage of commissions charged by intermediaries for the transaction. In any case, most lawyers prefer a mixed payment scheme for their work: partly - for the result (as a percentage of the contribution amount), partly - for doing business (that is, hourly). On average, the cost of returning a deposit through the court, accompanied by a lawyer, will cost bank client 3-5% of the deposit amount.

Debit cards and offsets
A relatively inexpensive way to return money from a deposit and a current account

It is unprofitable for banks even with temporary administrations to sue depositors - in this case their reputation suffers, and the money will have to be returned under any circumstances. Therefore, financial structures often agree to return deposits to depositors in small parts, for example, by issuing a debit card in the name of the client. The inconvenience of this refund option for the depositor is limited access to the deposit amount: most banks allow withdrawing no more than UAH 2.5 thousand per day from cards, problematic financial institutions even allow you to receive only UAH 500–700 per day from an ATM. And if you have to use ATMs of partner financial institutions, the client also loses on commissions for cashing out funds (from 2% to 5% of the amount). Financial structures ready to pay off the owner currency deposit and finally, to make money on it, they offer to transfer money from a deposit account to a card account. Such an operation is beneficial for a financial institution, but not for depositors: banking exchange rate with such an exchange, it can be much lower than the market.

Another option for obtaining deposit funds is to transfer money to the client's current account in another bank. However, even in this case, the depositor loses on commissions for opening an account and transferring money from the deposit.

actual piece of paper How to write an application for a refund of a deposit in a bank (sample)

The most popular method of returning money from a bank deposit is the offset of a loan and a deposit. If the depositor has a loan from the bank where the deposit is placed, he can ask the financial institution to set off these funds to repay the loan. To do this, you must write an application to the credit committee. You can pay off the debt of another person in the same bank with a deposit, having received cash from the borrower. However, in this case, the depositor will not return the entire amount of the deposit, but only part of it (and, of course, without interest on the deposit). Bank Borrowers Those wishing to repay the loan ahead of schedule, as a rule, have on hand only a part of the amount necessary to repay the bank debt. Usually, when offsetting, clients of banks without temporary administration receive from borrowers 80–95% of the deposit amount, with temporary administration - 65–70%.

- Help to return the deposit

Law on banking netting is not prohibited and, according to some lawyers, should even occur automatically, without the participation of the bank. However, the financial institution may refuse to repay the loan to the borrower who bought the deposit through offsetting. “Before buying a deposit, it is better to consult with banking specialists and enlist their support. Even better is to draw up a trilateral agreement with the participation of the borrower, the depositor and the bank itself,” says Denis Drozd, head of the Ukrainian Deposit Exchange. According to him, offset schemes are beneficial for financial institutions only when repaying a problem loan, when the borrower repays the loan at the wrong time, incomplete payments. But the bank may refuse to transfer the deposit against the regularly repaid debt, because in the event of an early repayment of the loan, the financial institution loses interest on the loan.

One of the types of offset is the receipt by the depositor of collateral seized by the bank to pay off the deposit. Such an operation is possible if the amount of the deposit is equal to or exceeds the value of, for example, a mortgaged apartment. However, banks try to avoid such operations: they are more likely to sell property for real money than to give it away to pay off a deposit.

A sense of judgment Banks without interim administrations are afraid to sue depositors

In principle, it is quite possible to prepare an offset - to find a client interested in buying a deposit, to arrange a deal - on your own, that is, free of charge (not counting the discount on the sale). Settlement under the control of lawyers will cost 1-1.5% of the deposit amount, the total cost of returning the deposit - from 4% to 35-40% of the amount (including a discount when selling a deposit). The whole procedure from submitting an ad on the stock exchange or other Internet resource to offsetting and receiving money by the depositor takes 1.5–2 weeks.

Payment for fictitious services
The most expensive way to return money from a deposit and a current account

Intermediary companies officially engaged in offsetting deposits and loans usually use both semi-legal and super-risk schemes for returning money stuck in the bank. For example, the owner of a current account in a troubled financial institution is denied money. The representative of the intermediary company - as a rule, a lawyer, a former bank employee who has connections in banks and is able to motivate the necessary employees of financial institutions - offers to transfer money to the account of the intermediary company for fictitious services. Further, the intermediary, having received 100% of the money from the account in the problem bank, returns the agreed part of the received amount to the other account of the customer. Depending on the amount on the current account, the fictitious intermediary will keep from 10% (more than UAH 1 million) to 30% (up to UAH 500 thousand) of the current account amount. Such a scheme is very risky for the account holder, since there is a high probability of not waiting for the transfer of part of the amount from the intermediary company.

Click to enlarge

The cost of services of intermediaries for the return of deposits depends on the problem of the bank and the amount, ranging from 12–15% of the deposit amount to 40–50% on average (the return of a deposit in Nadra Bank, Prominvestbank, Ukrprombank costs 30–40% of the deposit amount). One of the intermediary firms estimates its services at 12% of the deposit in any of the banks (the amount of the deposit does not exceed UAH 100,000) or 11% (more than UAH 100,000). “Payment is made only after the payment of the deposit,” the company employee assures. - If the client makes an advance payment of UAH 1.5 thousand, the cost of services is reduced to 9.8% for a deposit up to UAH 100 thousand and to 8.5% - over UAH 100 thousand. The client pays the rest after returning his deposit. However, lawyers do not advise giving advance payment to such intermediaries and generally contacting them. A one-day company can hide with all the money received from investors, and then no one will help return the deposit.

The Fund guarantees
How to get a deposit in the Deposit Guarantee Fund if the bank went bankrupt

At the end of February 2009, the assets of the Deposit Guarantee Fund for individuals amounted to UAH 3.2 billion. As of March 16, 2009, 179 financial institutions were permanent members of the Fund.

The Fund pays compensation only to depositors of bankrupt banks. From October 31, 2008 maximum amount compensation of the Deposit Guarantee Fund is UAH 150 thousand (owners of burnt deposit accounts in the amount of less than UAH 150 thousand, the Fund repays deposits in full, more than UAH 150 thousand - the maximum guarantee amount is paid). Deposits in foreign currency are repaid in hryvnia at the rate of the National Bank of Ukraine on the day the bank's liquidator is appointed.

The payment begins within 50 days after the decision to liquidate the bank is made, its clients can receive money within three months at the Fund's agent banks (usually large financial institutions), after that - at the Fund itself. However, according to an employee of the Deposit Guarantee Fund, from the date of bankruptcy of the financial structure until the depositor receives compensation, it usually takes at least six months.

To receive compensation for the deposit, you must have a passport and its copies, a certificate of assignment of an identification code and an application for funds. There is no need to provide the Fund with a deposit agreement - the organization maintains its own database of depositors who have not received their deposits in bankrupt financial institutions.

Over the entire history of its existence, the Fund has paid a little more than UAH 500 million to depositors of such banks as OLBank Ukraine, Slavyansky, Nash Bank, Rostock Bank, Allonge, Premierbank, Garant. The Fund is currently repaying compensation to clients of Intercontinental Bank, Kiev universal bank, European Bank for Development and Savings.

Was there a moratorium?

Banks refuse depositors early return of deposits on the basis of the NBU telegram dated 06.12.2008 (No. 22–310/946–17250), which clarified the decision of the National Bank No. 413 dated 04.12.2008. “According to Article 1060 of the Civil Code of Ukraine, the bank is obliged to issue a deposit or part of it at the first request of the depositor,” says Yuriy Kraynyak, managing partner of the law firm Jurimex. According to him, refusing to issue money ahead of schedule, the bankers act contrary to the requirements of the Civil Code of Ukraine.

NBU Resolution No. 413 and the telegram do not contain a direct instruction to banks not to issue deposits ahead of schedule. Paragraph 5 of clause 2 of this resolution reads: “Banks are obliged to implement all necessary methods to ensure positive dynamics in increasing the volume of deposits (primarily in national currency Ukraine) in order to prevent early return of money placed by depositors”. In its telegram, the regulator drew the attention of bankers to the fact that “decree No. 413 (paragraph 5 of clause 2) prohibits banks from early return deposits, as they are invested in long-term loans and other assets.” “The Decree of the National Bank does not contain a ban on early return of deposits,” says Yuriy Kraynyak. “The regulator just indicated that banks should do everything possible to raise funds.”

The lawyer recalls that the telegram is not a regulatory document that can oblige financial institutions not to issue money to depositors. At the same time, Resolution No. 413 is generally invalid. Such a document may enter into force only 10 days after its registration with the Ministry of Justice of Ukraine (according to Article 56 of the Law on National Bank Ukraine), but the document was never registered with the Ministry of Justice.

Full set

A set of documents required for filing an application with the court

1. Statement of claim

2. Bank deposit agreement

3. Payment document on depositing money by the depositor

4. Letter to bank requesting return of deposit

5. Mail notification of receipt of a letter to the bank

6. Bank response (if any)

7. Receipt for payment of expenses for information technology support and court fee(1% of the amount of the claim, but not more than 1700 UAH)

8. Copies of all documents.

If you find yourself in a situation where the bank does not return your deposit (deposit), take some time to study your bank deposit agreement, get to know the Civil Code better, and send a written claim to the bank indicating the response time to it. If the bank did not respond, feel free to complain to the Bank of Russia and / or go to court. The truth is on your side. Well, if you have a person who is not alien to civil law, who is ready to provide support on the path to justice, the thorns in your path will be much less.

Legal basis for early withdrawal of a deposit from a bank

The relationship that arises between a citizen-depositor and a credit institution (bank) when concluding a bank deposit agreement, regardless of its type, is regulated primarily by part two of the Civil Code of the Russian Federation, or rather, Chapter 44, which is called “Bank deposit” .

In order to protect the interests of depositors, as the least protected party in contractual relations, the legislator established that the bank must return the deposit to the citizen at his first request, regardless of whether such a deposit is a demand deposit or a term deposit (clause 2 of Art. 837 of the Civil Code of the Russian Federation). The only thing that the owner of a term deposit loses in case of its early “withdrawal” from the bank is the interest, which in this case is paid by the bank at the rate applied to demand deposits, and, as you know, it is significantly lower than for term deposits. deposits.

Terms of return of prematurely closed deposit

However, having obligated the bank to return the amount of the deposit at the first request of the depositor, the legislator did not directly specify the period within which the depositor's money should be returned. After all, the wording "on demand" does not mean immediately. V similar cases The Civil Code contains precise indications of the immediate fulfillment of obligations, and there are a number of examples of this.

To determine the deadline for the bank to fulfill the obligation to return the deposit amount at the request of the depositor, one should refer to Chapter 45 of the Civil Code, dedicated to the bank account agreement and extending to the relationship between the bank and the depositor on the account to which the deposit was made (clause 3 of article 834 of the Civil Code of the Russian Federation).

Transferring the described procedure for interaction between the bank and the client when terminating the bank account agreement to our case, we find that the bank is obliged to return the funds to the depositor in the manner indicated by him within seven days after submitting to the bank a written application for early termination of the term deposit agreement and closing the account to which he entered.

Procedure for early withdrawal of a bank deposit

If we ignore the letter of the law and pay attention to reality, then the following situation will open up to us.

The depositor, who wishes to terminate the bank deposit agreement ahead of schedule, usually comes to the bank branch where he made the deposit and expresses his demand orally. If, in response to such a demand, the bank employees did not follow the expected reaction, and the depositor is not ready to make a public scandal or handcuff himself to the battery until his demand is satisfied, it would be reasonable to write a written application to terminate the term bank deposit agreement.

The form of such an application may be free, however, in view of the need to indicate certain data in such an application, it is recommended to use the form attached to this article. Such a statement should be handed over to the employees of your bank branch against signature on its copy indicating the date of receipt, and if the employees categorically refuse to sign anything, send it by registered mail with acknowledgment of receipt.

Forcing the bank to return the money through central bank

In the event that the bank did not respond to the written statement, it no longer makes much sense to continue further altercations directly with the bank.

The current situation should be reported to the Central Bank of the Russian Federation (Bank of Russia), which performs the functions of banking regulation and banking supervision in our country. The application for non-return of the deposit by the bank must be accompanied by:

• a copy of the request that you sent to the bank;
• a copy of the notice of receipt (it will come to your postal address within a few weeks from the date you sent the letter);
• a copy of the bank's official response to the request for a refund (if any).

The Bank of Russia will investigate the current situation and inform the applicant about the results of consideration of the application. At the same time, the Central Bank of the Russian Federation can impose a very significant fine on the bank.

Forcing the bank to return the money through the court

At the same time, non-payment by the bank of the funds entrusted to it Money upon presentation by the depositor of a written demand in the described procedure, it is a violation of the bank's obligation to the depositor. Protection of violated civil rights in accordance with Art. 11 of the Civil Code of the Russian Federation and, taking into account the provisions of civil procedural legislation, in our case, it is carried out by a court of general jurisdiction.

Thus, for the protection of the rights of a citizen who has suffered from the failure of the bank to fulfill its obligations, you can apply to the district court at the location ( legal address) bank, with a statement of claim for the recovery from the bank of the unpaid deposit amount and accrued interest (at the rate "on demand"). This can be done at the same time as applying to the Bank of Russia.

In addition, the depositor has the right to present the following requirements to the bank.

Firstly, full refund losses caused by the bank's failure to fulfill its obligations (Article 15 and Article 393 of the Civil Code of the Russian Federation), if any.

Secondly, the payment of interest for the use of other people's funds from the moment when the depositor filed an application for early repayment by the bank full amount contribution, until the date of the court decision on the case in favor of the citizen - the depositor. When calculating such interest, the existing on the day of filing with the court is usually used statement of claim the refinancing rate set by the Bank of Russia. Today it is 12% per annum (Instruction of the Central Bank of the Russian Federation dated November 11, 2008 No. 2123-U "On the size of the refinancing rate of the Bank of Russia").

You should go to court only after the bank has given an official refusal to your written request for early return of the deposit or if it has ignored it, as well as if there are documents confirming the fact of applying to the bank.

If we have a free amount of money, the best thing to do is to make it work and make a profit. They come to the rescue at a certain percentage: the money is in the account and their amount is gradually increasing. Unfortunately, sometimes we have to resort to early withdrawal of the deposit. It is always connected with some emergency events in the economy or with problems for which we need money to solve. Banks are reluctant to accept such an operation, and depositors are looking for ways to withdraw their deposits competently, without financial losses.

Conditions for early withdrawal of the deposit

They always act in their own interests, therefore they offer the most profitable services only with strict and important conditions for themselves. This applies to both loans and deposits. The term of the deposit implies the actual possession by the bank of your money and the possibility of using it. Therefore, deposits with the most high interest almost always contain conditions to limit the early termination of the deposit.

You can withdraw money from a deposit in two forms:

• withdraw money partially, leaving some amount;
• withdraw all the money and completely close the deposit.

You can withdraw part of the money without losing interest only if you have such an opportunity in your deposit agreement. But even in this case, banks usually make a clause in the contract about the minimum amount that must always be on deposit. And if the agreement does not provide for the possibility of withdrawing part of the money at all, then the bank has every right to apply its penalties to you, which are also usually prescribed in the agreement.

If you want to completely withdraw all the money and carry out early termination of the deposit agreement, first of all you should also look at what kind of agreement you have concluded and what kind of deposit you have.

All contributions can be divided into two large groups:

• term deposits, which specifically defines the period for which you place your money in the bank and before which the money cannot be withdrawn without consequences;
• demand deposits, which imply the ability to receive your money at any time without penalty.

The first group of contributions always refers to more profitable deposits in terms of the terms offered and the interest charged, because the bank makes some commitment from you that it will definitely hold your funds for a specific time.

As for demand deposits, in this case the bank no longer has such a guarantee, so it sets a very low interest. This applies to all deposits with the possibility of early termination, which is spelled out immediately in the contract.

If you have a term deposit, then the bank will apply penalties for early withdrawal of all money and its closure.

Fortunately, at present the issue of fines for early closure deposits are strictly regulated by federal law, and banks cannot fully regulate this important issue on their own.

According to regulatory documents, banks in case of early withdrawal of a deposit can apply only those penalties that relate to the reduction of interest on the deposit. They do not have the right to return to the client an amount less than the original deposit amount.

The bank only has the ability to manipulate interest, so penalties may look like this:

• the toughest way is that the bank actually changes the type of deposit, and recalculates all interest for the entire period from opening to closing not at the rates of term deposits, but at the rates of demand deposits, and then subtracts the difference from the total amount of the deposit;
• the bank can simply reduce the current rate on time deposits by half, a third, etc., and then also recalculate all interest;
• the method of combination for a certain period (for example, a year) of the rate on term deposits can also be applied, and for the remaining period until the date of termination of the agreement, the rate on demand deposits;
• the bank can set some reporting periods (for example, 3 months) in which the rate on term deposits will apply, and in the last period, which is less than the reporting period, the rate on demand deposits.

The most important conclusion for all depositors is that the bank is in any case obliged to give you all the money from the deposit at your request, and does not have the right to apply such sanctions that cut the initial amount of your deposit.

Before closing the deposit ahead of schedule, carefully study the following clauses of the agreement:

• for how long you placed your money, and how much you still have left before it ends;
• whether partial withdrawals are allowed and whether there is a minimum account balance rule;
• how the bank will charge interest if you declare the early closure of the deposit (what will be the sanctions);
• general terms of termination (term, documents, etc.).

Typically, banks always set a requirement that customers notify the bank 2-3 business days before the actual withdrawal of money from the deposit in order to prepare the required amount.

After that, you need to come to the bank branch with a passport and a deposit agreement, write an application for early withdrawal of the deposit, and then get your money at the cash desk or ask to be credited to the card.

In any case, before opening a deposit, try to soberly assess your capabilities and do not immediately choose term deposits with long terms, but start at least with short-term deposits or with the possibility partial withdrawal funds in an emergency.

There are several reasons why you need to return the deposit. One of the main reasons is the early return of the deposit. And the reason has recently become especially relevant - the revocation of the bank's license.

In addition, a sudden bankruptcy of a financial institution may lie in wait, or there are unresolved problems with Soviet deposits.

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In certain cases, as well as in some exceptional ones, it is important to know all the nuances and sequence of actions regarding the return of the deposit.

general information

Requirements

The last two unstable years have led to about 30% financial institutions have undergone structural changes. Almost the same number left financial market in connection with the revocation of licenses of the Central Bank. The Central Bank of Russia stopped the illegal actions of a number of banks, but what are the rights of their depositors now - the question remains open. And most importantly, how to return the deposit?

In this case, the requirements of the creditor come into force: we are talking about the return of funds outside general order. Lenders can be both legal entities and individuals. Contributions that do not exceed the established limit can be requested by everyone without exception, but with certain reservations.

The measure as a temporary amnesty is assigned to banks immediately after the license is revoked. During this period, it becomes impossible to issue funds, as well as receive new treasures.

The beginning of the abolition procedure is regulated precisely by the amnesty (self-government body). As long as the court has not made its decision, the temporary amnesty allows you to act within the framework of the restoration policy.

All manipulations are tracked Arbitration Court. It is he who is responsible for any procedure, given the bankruptcy and forced abolition financial institutions. The liquidation procedure is possible only if there is enough capital to issue to creditors.

Required Documents

Now you have to take care necessary documents which will speed up the return of funds.

In general, a written request must be completed stating the amount and the reason for the request for a refund.

Supporting documents (in original or notarized copies) must be provided as a mandatory annex to the application, including bank settlement accounts, postal address, contact number phone, in addition

Agency support

V Russian Federation conducts its work state corporation called . In accordance with the federal law, the status and purpose of the functioning of this Agency, fixed by the seal of the Russian Federation, is determined. All central governing bodies of the institution are located in Moscow.

The purpose of this Agency is to ensure full-fledged work. The agency takes care of accounting for all financial institutions, controlling the process of receipt of insurance premiums. The Corporation monitors depositors' requirements for credit organizations, and also oversees the process of returning compensation for deposits.

The Agency reserves the right to form claims against banks in connection with any illegal actions or in case of violation of federal law. The corporation has every reason to ask banks for information regarding insurance deposits and the correct participation of the bank in the system.

The Deposit Insurance Agency is engaged in determining the procedure for calculating insurance premiums in accordance with article 36 of federal law

Detailed instructions

What should be the steps:

1. The main thing to think about is whether your particular case can be covered by insurance. If the answer to this question is yes, the following question arises - how to return the deposit - you must immediately contact the bank for payment of compensation for losses (within the established amount of compensation).
2. You should not make the mistake of giving the bank the original documents related to bank debts, in addition, you should not resort to early termination contribution. As a result of such actions, the bank is relieved of responsibility for accruing interest on the deposit, which will lead to a partial loss of money.
3. If you are faced with the problem of delaying the issuance of a deposit, you need to re-apply to the bank with a request to return the deposit (important: one of the copies of the application with the incoming seal of the bank should be kept as evidence of your manipulations to return the funds). In case of refusal to extradite, it is necessary to write a complaint to the Central Bank of the Russian Federation.
4. Another forced action for the return of funds may be judicial statement, where the result is a challenge to the illegal actions of the bank. Here, depositors can be encouraged by the fact that the conflict situation is resolved by the bank before the trial, since the depositor's probability of winning the trial is one hundred percent.

Important disclaimers

What are the guarantees

Usually, all depositors are guaranteed a return of deposits, but this should be taken care of in advance. The vast majority of financial warehouse institutions are members of the deposit insurance association.

By placing your funds in such organizations, deposits are automatically insured, which in case of possible abolitions and bankruptcies financial enterprises v without fail deposits are returned in full.

However, there are limitations within 700 thousand rubles. If the specified amount is exceeded, the depositor may demand the return of the remaining funds through the court.

Insurance amount

The amount of banks' insurance on deposits is currently 700 thousand rubles. This amount is called the insured deposit amount.

If the deposit amount exceeds this established limit, the bank is not obliged to return the remaining part of the deposit. You can try to sue this part. But most best solution when opening a deposit - it will not exceed the established total bar.

For legal entities

Unlike individuals, cash legal entities do not fall under the standard insurance system. This entails litigation - only in this way is it possible to return deposits to legal entities and exclusively on the rights of the third priority of creditors.

The onset of this queue occurs after the return of funds individuals and individual entrepreneurs, those deposits that were not covered by insurance are also taken into account.

Judicial practices regarding the return of funds to legal entities are associated with long-term litigations and are not very optimistic. The return of funds is extremely unlikely, but in order to make such attempts, a demanding application should be submitted to the financial unit as a creditor.

During necessary action the legal entity fills in the creditor's claim form. The issuance of this document is carried out by the provisional administration on the basis of the presentation of all necessary documents.

Legal entities have the highest probability of returning deposits. individuals with frozen funds in their accounts

To return deposits made during the Soviet era, you need to have correct information that is supplied by authoritative news agencies. They have information about the upcoming activities of financial institutions in relation to "Soviet deposits".

Since in the days of the Soviets people trusted their funds to the Sberbank of the USSR, therefore, for current and up-to-date information, you should contact the Sberbank of Russia, where such payments have been happening everywhere for some time now.

Premature

It is also possible to close the deposit at a premature date - there is no need to wait for the expiration of the contract. Even a deposit opened for a year is subject to return, as through 8 month, and literally a day after the deposit of funds.

There are a number of deposits that involve early closure. In the case of premature cancellation of other deposits, all financial institutions impose penalties, expressed in a decrease in interest on deposits.

Regardless of whether your agreement provides for early closing of the deposit without loss or not, each client of the bank can return his funds when he needs it, even if without interest. All you need to do is present your passport to the bank employee.

Sample applications required:

However, if the deposit amount is equal to 500 thousand rubles or exceeds the specified amount, and the deposit is closed in a small branch of the bank, the withdrawal of funds is possible within 1-2 days from the moment the client contacts the bank. Deposits up to 500 thousand rubles are usually returned on the day of application.

Return of deposits in case of license revocation and bank bankruptcy

How to return a deposit from a problem bank?

As I said in an article about, the vast majority of middle-income people keep their savings on bank deposits. This financial instrument quite reliable and allows you to partially save savings from inflation. Compared with, mutual funds, funds, etc. in the case of bank deposit the probability of losing the body of the deposit is extremely small due to guarantees from the state. Exceptions like force majeure, military conflicts and disasters do not count.

Bank insolvency cases always cause serious concerns among people who have placed deposits in it and the first question that comes to their mind is: “How to return a deposit from a problem bank?”. In this article, we will understand how deposits are returned to customers of a bankrupt bank.

• How to return the deposit and what you need to know about deposit insurance;
• Return of the deposit upon revocation of the license;
• Refund in case of bank failure;
• Return of the deposit ahead of schedule;
• What to do if the deposit is not included in the bank register.

How to return a deposit: everything you need to know about deposit insurance

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In December 2003 was adopted the federal law No. 177-FZ. With its adoption in our country, the practice of reimbursement of deposits to clients of bankrupt banks was introduced. A state-owned company, the Individuals' Deposit Insurance Agency (DIA), was founded to keep records of credit and financial market entities and reimburse deposits when necessary. The DIA also has the right to appoint liquidation management to a bank declared insolvent and manage the sale of its assets.

To date, deposits of individuals are reimbursed in the amount of 1.4 million rubles, with the exception of:

• deposits backed by a passbook or bearer;
• individual entrepreneur's funds kept on accounts intended for conducting business activities;
• money transferred to the bank on the terms of trust management;
• deposits in precious metals;
• deposits on the accounts of foreign representative offices of the bank;
• electronic money.

At the same time, deposits placed in foreign currency are also subject to reimbursement, as well as deposits in rubles. Not only the deposit itself will be compensated, but also all interest accrued on it until the day preceding the announcement of the liquidation or deprivation of the license. How to return a deposit in dollars? Deposits in USD and EUR are paid out in rubles at the exchange rate as of the date the bank was declared insolvent. Almost all banks are members of the DIA, but before opening a deposit, it would be useful to check this. Information about the bank's participation in the insurance system is available in the bank's card on the website of the Central Bank of the Russian Federation (cbr.ru).

Since 2014, individual entrepreneurs' accounts have also been included under the insurance system, but they are reimbursed money after the completion of payments to all individuals. Insured events for the payment of deposits are: deprivation of the bank's license and declaring the bank insolvent.

Refund of deposit upon license revocation

The Central Bank revokes the license from financial institutions in cases where their activities do not meet the established standards of solvency, reliability and security of their obligations. The revocation of the license in fact means blocking the work of the bank and its liquidation, since it loses the right to do what it was created for. Data on the deprivation of a bank license, as a rule, is distributed in the media, and is also published on specialized portals and the official website of the DIA (asv.org.ru). The return of the deposit upon revocation of the bank's license is carried out within the limits of 1.4 million rubles to all clients - individuals. persons who will apply with the relevant application.

After the revocation of the license is announced, information on where to apply for a refund will appear on the DIA website, the official website of the troubled bank, as well as in its branches. Typically, this is some big bank, most often Sberbank of Russia. In the very first days after the announcement of the place for receiving deposits, it is not worth going after them, since there will probably be huge queues waiting for you there. And you can request a refund within two years from the date of termination of the bank. Most often, the reimbursement begins no earlier than 14 days after the announcement of the revocation of the bank's license. How to return a deposit in a problem bank? You will need to come to the designated office on your own, with your passport and the relevant claim for reimbursement. If your representative goes to collect the deposit instead of you, then he will have to have a notarized power of attorney with him for the right to carry out such actions.

Refund in case of bank failure

You can learn about bankruptcy, as well as in the case of revocation of a license, from the media or on the website of the Central Bank. As a rule, about the insolvency of the participant banking system announced by representatives of the Bank of Russia. Information on how the return of insured deposits will be carried out, as in the previous case, you can find on the DIA website, on the official website of the bankrupt bank and in its branches. Within the limits of 1.4 million rubles, all depositors who apply for them will be able to receive their funds. But if your deposit exceeds this threshold, then you will have to participate in the bankruptcy procedure.

After the start of the liquidation process has been announced, within six months, all creditors (including those whose deposits exceed the limit) must submit their requirements to the liquidation commission. Where it will be located and on what schedule it will be accepted will be announced on the official website of the bankrupt, as well as in the media. Here a simple statement it will not be enough for a refund, you will need to present all payments, contracts, additional agreements that were signed between you and the bank to confirm your claims. In bankruptcy, recovery is usually carried out in the following order:

1. pay wages employees;
2. payment of all taxes and fees (including fines and penalties);
3. payments to creditors.

If the bank's assets are enough to reach the third stage, then you may be able to return the second part of your deposit. However, unfortunately, this is not often the case, because if the bank is able to cover most of its debts, then it will not be declared bankrupt. In order not to think about how to return the deposit from the bank in such a development of events, try to initially invest within the guaranteed amount.

Deposit return ahead of schedule

If suddenly you have received that your bank is on the verge of bankruptcy or, after analyzing media reports and trends, you suspect that it may be in trouble, then it makes sense to try to withdraw the deposit before the worst happens. Such a step will be most beneficial for those who have deposits in bank metals, electronic money, savings book etc. That is, we are talking about all those deposits that will not fall under reimbursement. Before going to the bank, re-read your agreement on how and under what conditions you can return the deposit ahead of schedule. Most likely, you will have to give up part of the accrued to you for the current reporting period percent. Or you may have to pay some kind of commission. In each bank, these conditions are individual.