When does a bank have the right to disclose banking secrets? What is bank secrecy? Information constituting bank secrecy Internal instructions in circumvention of the law.

When applying for a loan, the agreement between the financial institution and the borrower specifies all the conditions for early liquidation of the debt. Sometimes banks issue a written demand for full repayment of the loan, and people do not know what to do. There are several options here: fulfill the request, agree on restructuring, or resolve the issue in court.

When is a request for early repayment of a loan allowed?

When a bank requires a client to repay a previously taken out loan early, before doing anything, you need to know in what cases this is legally possible:

• The borrower is late in making monthly payments. The acceptable number of missed days is not regulated by law, so the delay occurs on the day following the payment date. According to Art. 14 of the Federal Law “On Consumer Credit”, a credit institution may request the borrower to repay the debt at its own discretion if the deadlines for the transfers were violated.
• The borrower took out a targeted loan, but used it for other purposes. For example, if an individual entrepreneur took out a loan for business development and spent the money on his own needs, this threatens that the bank will issue a requirement for early repayment of the previously issued loan.
• Loss of property used as collateral when opening a loan. For example, an apartment or a car was sold.
• The borrower himself applied to terminate the loan agreement and cannot pay the debt.
• The borrower's inability to repay the debt due to lack of work or decreased income, as confirmed by certificates. Here you can carry out the procedure for declaring an individual bankrupt or apply for a loan to return the money required by the bank (refinancing). This will reduce the amount of monthly payments by increasing the payment terms or reducing the annual interest.
• Detection of forged documents provided when obtaining a loan. Here the bank can not only send a letter to pay the debt, but also report it to the police.

These are just a few reasons, but full information about the bank’s right to demand early liquidation of the loan is indicated in the agreement: under what conditions this is possible, whether the borrower has the opportunity to request a deferment in payments if their financial situation worsens, etc.

The bank's request for early closure of the loan must be expressed in writing. Calls and SMS messages have no legal force: with their help, employees can only remind you of the need to make a payment.

Knowing in which case the bank may require early repayment of the loan, it is best to avoid such situations, otherwise you will have to pay not only the debt, but also fines.

Are the bank’s actions legal in such a situation?

Making a demand to repay a debt is completely legal, as indicated by Art. 14 Federal Law No. 353-FZ. The borrower is given 60 days to eliminate the debt from the moment the letter is sent. If he pays everything in good faith, then the financial institution cannot demand early full or partial repayment.

Here everything depends on the terms of the agreement, because it also happens that it specifies additional grounds on which the bank has the right to terminate the agreement with the right to demand payment if there is a debt for early full repayment of the loan taken.

Considering cases from judicial practice, most often a bank’s demand for early repayment of a loan occurs in the following situations:

• the client concealed the seizure of property;
• the borrower lost his job and did not notify the credit institution about it;
• overdue for more than three months;
• the place of residence was changed and the bank was not notified.

Thus, sending a notice of early repayment is legal, since if the client violates the terms of the contract, any financial institution has the right to demand repayment of the loan based on a court decision or in an attempt to pre-trial settlement.

When a bank demands for early repayment of a loan, judicial practice suggests that it is necessary to come to the branch and explain the situation, regardless of who is at fault.

If the bank is at fault

The second most important question is whether a bank can demand early repayment of a loan from a bona fide payer? Of course not, besides, he himself often violates the terms of the agreement and sends letters without reason.

Let's consider situations when the bank may be at fault and makes demands illegally:

• The client made full early payments, but the manager did not enter the data into the system. Subsequently, the former borrower began accruing interest for non-payment of monthly payments, and then received a letter of demand.
• The borrower transferred the money on time, but due to errors in the banking system, it was not credited.

In the first case, to resolve the problem, you need to visit the credit company and provide a certificate of full repayment of the loan, received after depositing the remaining money. The second will require an account statement if payments were made online, or checks issued by an ATM. All information is provided to the office of the institution where the loan was issued.

If the borrower is at fault

Usually, the borrower’s violation of the contract’s requirements is to blame, which is the main reason for the bank’s requirement to close debts early. In this case, if there are regular delays in monthly payments, a corresponding letter is sent to the client.

The bank sent a request for full repayment of the loan: what to do?

If there is a basis for demanding early repayment of the loan, the debtor must do the following:

• Visit the branch and find out why the letter was sent if payments are made regularly. If there are any delays, you will have to provide certificates confirming your lack of income.
• If the client fulfills his obligations, but was sent a written form of the bank’s demand for early repayment of the loan and the bank does not accept arguments about regular transfers of funds, the situation will have to be resolved through the court.

Pre-trial claim of the bank

Based on the Federal Law “On Consumer Loans”, Art. 811, 913, 814, banks have the right to send pre-trial claims to borrowers indicating a requirement for full early repayment of the debt. If the conditions are not met or a conscientious client does not provide a written response to clarify the situation, even if the bank is at fault, the case will be sent to court after 60 days.

What is included in response to the bank’s request for early repayment of the loan:

• The reason why payments were not made on time.
• Borrower's personal information.
• Terms and possibility of debt repayment.

There is no unified form of response to the bank’s request for early repayment of the loan, so it is recommended to contact a qualified lawyer to draw it up.

Claim to the bank

If, when closing a loan early, the bank accrued payments for the entire loan period, and not just for the overdue period, the client has the right to file a claim, because overpayments are accrued for the actual period of use of the loan, unless otherwise specified in the agreement.

The document contains the following:

• Full name, passport details, loan agreement number;
• The essence is the requirement to return the overpaid money;
• Name of the institution (in the header);
• Under what conditions can the bank require early repayment of the loan and for what period is interest accrued, indicating specific clauses of the agreement;
• Date of compilation and signature.

How to respond to a bank's desire to increase rates

If, when the client fulfills the request to close the loan, the financial institution decides to raise the interest rate in order to receive more money for late payments, this is considered illegal (Article 310 of the Civil Code of the Russian Federation). The procedure for increasing overpayments on loans is carried out with the consent of both parties.

What awaits the debtor in such situations?

When considering whether a bank can demand early repayment of a loan and how this threatens the debtor, it is worth paying attention to the options:

• The credit institution sends a written request to the borrower. If he does not respond or does not come to the bank, the case is sent to court or resold to a collection agency.
• If the borrower does not appear at court hearings, they are held without his presence, and the decision is made in absentia.
• If there is a court decision, the bailiffs seize the property. If payment evasion was recognized as malicious, the borrower faces punishment under the Criminal Code of the Russian Federation.

Early repayment: the legal side of the issue

Features of early repayment are regulated by the Civil Code of the Russian Federation. Previously, banks had the right to demand interest for the entire loan period, but after adjustments were made to the legislation, they can count the overpayment only until the day the payment was actually made. What other nuances need to be taken into account:

• The borrower is obliged to notify the bank of his intention 30 days before the expected date, unless the agreement specifies the possibility of instantly closing the loan without prior notice.
• Credit institutions have the right to refuse early payment of the full loan amount (Article 810 of the Civil Code) if the agreement does not indicate such a possibility.

Rules for early loan repayment and basic recommendations for borrowers

To avoid unpleasant situations and close the loan without problems, you must follow several rules:

• Visit a bank branch 30 days before depositing the remaining amount of money and write a statement indicating the date and amount to be written off.
• If the bank does not immediately give permission to close the loan, you will have to wait up to 5 days, then visit again or call the hotline.
• If the funds are returned partially, after the payment is written off, you need to visit the bank and get a new schedule.
• After full repayment of the debt, it is recommended to obtain a certificate from the credit institution confirming the closure of the loan agreement.

Thus, can a bank demand early repayment of a loan without a court decision? He has this right, but this is only possible if the borrower does not fulfill his loan obligations and is late in payments. In other cases, such demands are illegal.

Legal assistance to debtors

In the conditions of the modern economy, citizens of the Russian Federation prefer not to put aside money in reserve and not to save up for the purchase of this or that product, but to take out loans. Of course, it is very convenient that, if necessary, you can always contact a banking organization and borrow a certain amount of money. However, not everyone, before concluding a contract, wonders whether they will be able to return this amount, and even with interest. Will relatives who have agreed to become guarantors or are listed as contact persons in loan documents be framed?

No one is immune from force majeure situations, such as illness, job loss, etc., leading to the impossibility of repaying borrowed funds. In this case, daily calls from bank employees demanding repayment of the existing debt are inevitable. And it’s one thing when the borrower himself is subject to a telephone attack. It is much more unpleasant if the debtor’s close people become the object of torture.

Why do banks call relatives?

As a rule, even at the stage of concluding a loan agreement, bank employees find out all the necessary information, which, in the event of late payments on the part of the client, will help them find him. This type of information includes passport details, home address, place of work, and contact phone numbers. Moreover, employees of financial organizations often request such information not only about the borrower himself, but also about his relatives. And citizens who want to get a loan at any cost willingly provide it, thus giving the banks the right to contact their loved ones in case of any problems with debt repayment.

Important! If a bank employee calls, you are not obliged to disclose any information about your relative. You can tell the caller that you do not have the information he is interested in and ask him not to bother you again.

When are bank calls to third parties legal?

Russian legislation allows employees of credit institutions to call relatives of debtors in several cases:

1. if the client left a family member’s phone number as contact information;
2. if a relative acts as a guarantor of the borrower or is his heir;
3. if it is impossible to contact the debtor and convey this or that information to him in any other way.

Calls to guarantors and heirs

According to the legislation of the Russian Federation, banks have the right to demand repayment of the debt not only directly from the borrower, but also from the guarantors - if the debtor has lost solvency, and the heirs who accepted the inheritance - in the event of the death of the debtor. In such situations, calls are completely justified. Therefore, before agreeing to a guarantee, assess the full degree of responsibility and risk, because if the main borrower does not repay the loan, the bank will shift this responsibility onto your shoulders.

In the case of inheritance, the situation is similar. According to Art. 1175 of the Civil Code of the Russian Federation, the heirs are liable for the debts of the testator within the limits of the value of the property that passed to them. If you renounce the inheritance, then you should not bear any liability to the credit institution for the debts of the deceased relative. And keep in mind that bank employees have the right to demand that the heir pay the debt only after the expiration of the time established by law for accepting the inheritance, that is, no earlier than six months after the death of the debtor.

Important! For whatever reason, employees of financial organizations call, they can do this only during strictly regulated hours: from 08.00 to 22.00 on weekdays and from 09.00 to 20.00 on holidays and weekends. Such norms are prescribed in Art. 15 Federal Law “On Consumer Credit”. If these requirements are not met, you can contact the police with a statement of hooliganism.

If a relative is not a guarantor or an heir...

There are often cases when banks are subjected to phone attacks by family members of borrowers who are neither guarantors nor heirs, and about whom there is no information in the loan agreement. As a rule, this happens if a relative of the debtor is serviced by the same financial institution or any transactions took place between their accounts. What to do in this situation? You can simply ignore calls or try to explain to bank employees that you cannot help them find the borrower.

Important! If a bank employee, when calling, tells you some information about a loan agreement concluded by your relative and names the amount of debt, this is an official offense, since we are talking about disclosing bank secrets.

The financial institution has no right to disclose such data. The maximum that the caller has the right to do is to ask the debtor to tell him to call the bank’s credit department. Otherwise, the borrower may file claims against the credit institution in court and demand protection of his rights.

How to dialogue with bank employees

When you get a call about your relative's debt on a loan, follow certain rules of communication.

• Firstly, you should not panic, talk rudely and impudently. Your speech should be restrained and calm.
• Secondly, you should not promise anything to the caller, nor disclose any information about yourself or your relatives.
• Thirdly, be sure to ask which bank the caller is an employee of, on what basis he is bothering you, ask him to introduce himself and name his position.
• And fourthly, be sure to turn on the voice recorder and record the conversation. If during the dialogue your rights are violated, you can subsequently prove this by providing a voice recording.

What to do if the bank demands to repay a relative’s debt?

Demanding a person to pay a third party's debt solely on the grounds that he is his relative is illegal and is regarded as extortion. Such an act is criminally punishable. If a bank employee in a telephone conversation demands to repay someone else’s debt, feel free to contact law enforcement agencies with a statement of extortion, based on Art. 163 of the Criminal Code of the Russian Federation.

How to stop calls from banks?

Illegal actions by employees of credit institutions must be reported to the police, the Investigative Committee, the prosecutor's office and other authorities in accordance with the specifics of the work of each of them. At the same time, any appeal you make must be supported by evidence. In the case of telephone attacks, this is a dictaphone recording of a conversation.

• If banks call you at night, or the callers make any threats, report them to the police and prosecutor's office.
• In case of extortion, contact the Investigative Committee.
• If a financial organization illegally uses your personal data, complain to Roskomnadzor.

Of course, calls from bank employees regarding outstanding loans from relatives cause a lot of trouble. At the same time, requests not to disturb you often go unheard, and telephone attacks continue again and again. Do not allow your rights to be violated and report all illegal actions to the appropriate authorities. Qualified lawyers can also assist in the fight against intrusive calls from banking organizations.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

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Specialist in legal protection of bank borrowers. I provide assistance in defending the interests of debtors in pre-trial and judicial proceedings, I am engaged in the return of illegally accrued insurance and interest, I assist in debt restructuring, and protection from debt collectors.

A rich client is not always desirable for a bank. Some credit institutions, before opening a deposit or account for a large amount of money, try to find out their origin by asking the client for additional documents.

Internal instructions bypassing the law

In theory, banks are happy to have any depositor, especially a large one who brings in a lot of money over a long period of time. However, a VIP client should not be surprised if he is asked to explain the origin of these funds.

Users of the Banki.ru portal are often interested in how the bank will react to the opening of accounts and deposits for large amounts. For example, a visitor under the nickname sny asks if the bank can ask him for proof of income for a deposit of 1 million rubles.

The visitor under the nickname mashulchik has a different situation. “I am officially unemployed, but I live with a fairly wealthy man who gives me significant, let’s say, sums of pocket money for expenses,” she writes. - I opened an account in one of the Russian banks and periodically replenish it, I will soon accumulate a significant amount. Will anyone have questions about where a non-working person gets such funds?”

Some visitors share their experiences. For example, Sergey7 tells how an acquaintance of his deposited money “proceeds from the sale of his mother’s apartment” into Raiffeisenbank. “I had to show the purchase and sale agreement and confirm my relationship with my mother,” he notes.

Formally, the legislation does not provide for requirements for verifying the legality of depositors’ money. “The Law on Combating Money Laundering does not establish mandatory control on the part of the bank if the depositor opens a deposit in his own name,” points out Lidiya Gorshkova, head of banking practice at Pepeliaev Group. “If a client opened a bearer deposit or transferred money in favor of third parties in an amount exceeding 600 thousand rubles, then the bank would be obliged to transfer information about such transactions to Rosfinmonitoring.”

This rule also applies to replenishing the deposit: if the client adds money to the deposit at his own expense, then no questions should arise for him. If the funds come from third parties, the bank may pay increased attention to such transfers.

However, as the bankers themselves admit, their internal rules establish requirements for verifying the legality of the origin of money. “Each bank independently determines the amount above which it will request additional documents confirming the legality of the origin of the money. For some it is 600 thousand rubles, for others it is several million,” says an employee of the financial monitoring department of a large bank on condition of anonymity.

Banks note that such documents can be a certificate from the employer about the amount of salary, copies of documents confirming financial transactions, for example, a property purchase and sale agreement, a gift agreement, etc.

But the bank can refuse to open an account only in one case. “Currently, the legislation provides for only one legitimate reason for refusal - failure by the client to provide documents necessary for his identification,” emphasizes Maria Saenko, deputy head of the department of passive and commission operations at VTB 24. “For an individual - a citizen of Russia, a document sufficient for his identification is a passport of a citizen of the Russian Federation.”

One of the bankers admits that a credit institution will open an account or deposit for a client, even if he does not have the requested documents - this is required by law. But at the same time, the bank can put it on special records and will closely monitor the transactions performed.

“When a client opens a deposit or account for a large amount, there is no reason to consider it suspicious,” states Alexander Golubev, head of the legal department of SDM-Bank. “Much more important are the transactions that then go through his accounts.”

According to Golubev, if a bank has suspicions, it must send information on these transactions to Rosfinmonitoring, which, in turn, can transmit information to the tax service, law enforcement agencies, etc.

Moreover, according to the law on money laundering, banks are prohibited from informing clients about these actions. “Since January of this year, one exception has been in force - if the client refuses to submit documents required by law to verify the transaction,” explains First Deputy Chairman of the Board of Vitas Bank Sergei Sergeev.

By law, a bank does not have the right to close an account for a suspicious client, but, as a rule, credit institutions introduce protective tariffs that make transactions unprofitable. “Some clients are trying to challenge these tariffs in court, but judicial practice is in favor of banks,” says Golubev.

Western banks are stricter

However, some banks prefer to play it safe and begin checking the client even before he brings his money. Having called the call centers of the largest Russian banks and credit organizations with foreign capital, the Banki.ru observer found out that not everyone will accept unconditionally large deposits (1-3 million rubles).

For example, Alfa-Bank said that they were ready to open a deposit for a large amount, but if it exceeds 600 thousand rubles, then information about it will be sent to Rosfinmonitoring.

The call center of Raiffeisenbank reported that when making a deposit in the amount of over 600 thousand rubles, you will need to provide evidence of the origin of this money: a certificate of income in form 2-NDFL or other documents.

The UniCredit Bank call center stated that employees have the right to request additional documents. “But most often they don’t ask,” the operator clarified. The VTB 24 call center was also informed about the possibility of such requests.

The Bank of Moscow noted that information on all documents can only be provided at the branch. The absence of requirements for confirmation of the depositor's income was reported in the call centers of Sberbank, Promsvyazbank, and Uralsib.

Experts attribute the stricter requirements of foreign banks to the source of income of their clients to international rules. “According to Western standards, banks are quite strict in checking the legality of the origin of funds,” says Lidiya Gorshkova. “It is therefore possible that some banks are acting within the group’s requirements.”

The press service of Raiffeisenbank itself said that the bank identifies clients and their transactions in accordance with the requirements of federal legislation, the Bank of Russia and its internal procedures.

In Western countries, most of which are members of the Financial Action Task Force (FATF), proof of the legal origin of money is one of the main conditions for mutually beneficial cooperation with banks.

For example, as realtors specializing in real estate abroad say, when opening a bank account to pay for a large purchase, the bank asks the client to provide documents showing the source of available funds.

Russia is not yet a member of the FATF, and Russian legislation does not provide for the presentation of such requirements to the client. “Proof of the source of origin of money has nothing to do with a bank deposit; from the point of view of protecting personal data, such requirements are unacceptable,” says Sergey Sergeev.

If a credit institution persistently asks a client to show additional documents, he can sue and recover the interest on the deposit that he would have received for the entire time when the bank refused to open a deposit.

Today, almost every company has switched to a non-cash payment option and pays salaries to its employees using plastic bank cards. This payment method is not only convenient, but also reliable.

It allows the employer to save time and money that was previously spent on transporting cash to the cash register, and employees can store money on the card without fear that it will disappear somewhere.

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But despite all the convenience of salary cards, they also have their disadvantages. We are talking about the possible blocking of the card by the bank. Why is this happening? Who can have funds blocked from their account? And what to do with it?

Legislative side

Whether a bank can block a salary card depends on whether this was indicated in the cooperation document. Typically, a credit institution resorts to this only if one of the clauses of the loan agreement states the possibility of this action.

Funds are blocked most often for those payroll clients who have a loan or installment plan from a particular bank. An institution may resort to such action due to delay, in order to further receive funds that the client owes.

According to the agreement, withdrawal of a certain amount of money from the client’s account can be carried out solely on the basis of his order. If there is no such permission, then the funds are written off by a court decision or in accordance with an agreement that states the client’s consent to this manipulation.

Refunds from the salary account back to the bank are carried out only at the will of the client. This may be a payment agreement in the case of non-cash payments, or written permission to transfer money to the bank's cash desk.

Such an order should not be written at the request of the institution; the client has the right to make his own decision about the use of his salary funds in this way.

Based on the law, the bank can limit the client’s right to dispose of personal funds on the basis of financial seizure.

In some cases, the bank’s right to write off client funds is provided for in the clauses of the salary agreement.

If there is arrears on the loan, the organization can block cash receipts, but only within the amount of the debt

What to do

The bank has the right to block a salary card not only because of arrears on the loan.

Blocking can be caused due to the following actions:

• incorrect PIN code entered more than three times;
• conducting suspicious transactions (receipt of funds not related to salaries);
• at the request of the client (loss of card);
• I swallowed the card and did not return the ATM.

What to do if the bank has blocked your salary card? In the first case, to unlock it, you need to visit the nearest branch of the institution, taking your passport and TIN with you.

The account will be opened after writing the appropriate application. If the PIN was entered incorrectly because it was forgotten, the application should indicate that the card was changed.

If the card was blocked on suspicion of fraud due to suspicious transactions, then access to the money can only be restored by visiting the office of the credit institution in person. In this case, in the application for unblocking you will have to indicate from which sources the funds were received into the salary account.

If the card is lost or stolen, the client himself calls the bank and asks to block it.

To resume access to funds, you will have to write an application for a new card. This can be done both at a bank branch and at the accounting department of the company where you work.

If a salary card was swallowed by an ATM and not returned, the client will need to call the bank’s hotline and report what happened.

The telephone number is indicated on the self-service terminal itself. After this, you can pick up the card the next day by visiting a branch of the institution, which a bank employee will notify you about in a telephone conversation.

The client can solve the problem of blocking the card either independently, by personally visiting a bank branch, or by entrusting this issue to the accounting department of his company.

On what basis can a bank block a salary card?

In what case does the bank have the right to block a salary card if the contract does not indicate that the client gives the go-ahead for such actions?

Withdrawal of funds or blocking of an account is permitted if there is a court decision or on the basis of a lawsuit.

Also, such decisions are often made in accordance with the loan agreement, which specifies the possibility of resorting to such manipulation in the event of a delay.

Without a court decision

The bank has the right to resort to writing off the client’s funds or blocking the card only by a court decision.

If this happened without a court decision, then it is a violation of the law to carry out such manipulations on the part of the credit institution. In this case, the debtor should go to court to cancel the bank’s actions.

In most loan agreements, banks often stipulate the possibility of debiting funds from the client’s account on a direct-to-consumer basis.

We are talking about specific amounts that the institution can withdraw if necessary, namely:

• bank commissions;
• payment for services when transferring funds to third parties;
• any charges that the client undertakes to pay (penalties, interest, fines, etc.);
• taxes that the institution undertakes to collect from clients in accordance with the legislation of the Russian Federation;
• erroneous financial entries;
• loan arrears.

However, it should be remembered that even if there is a note in the agreement on the right to direct debit of funds, the client still has the right to challenge this decision of the bank in court. In most cases, the court obliges the credit institution to return funds to the account.

Based on the claim

A salary card may be blocked by the bank based on a lawsuit.

This type of financial arrest is imposed by the following authorities:

• tax office;
• courts;
• customs organizations;
• financial monitoring service.

In this case, the card can be unblocked only after the arrest has been lifted. If you need funds urgently, then try to personally negotiate with creditors to withdraw the claim without trial.

Otherwise, it will be possible to resume access to funds only after all litigation and repayment of the debt.

Basic questions of the procedure

Having noticed that funds have begun to disappear from a salary card, each client has many questions and to get answers to them, the first thing to do is contact a banking institution.

It often happens that the decision to write off money is made in court without the participation of the debtor himself and therefore the person remains in the dark.

Debt write-off

A banking organization can write off money based on a court decision, which was carried out following a claim from a creditor. Such withdrawals of personal funds may be used to pay alimony, loans, utility debts, taxes, etc.

At the same time, the debtor must know that write-offs by the bank can only occur in the amount 50% from the amount credited to the account. Sometimes it can reach 70% , but this rarely happens. He can freely use the remaining funds for personal needs.

The court may reduce the amount of deductions if:

• the debtor has a minor child (only written off 30% );
• the debtor is a single father (maximum withdrawal up to 25% ).

If all available funds are written off from the card, the client should contact the bank to clarify the circumstances, and if the institution refuses to return part of the money, then the client should go to court for further proceedings and lifting the arrest

Is it possible to withdraw money

If the card was blocked at the initiative of the client, for example, due to loss, then funds can be withdrawn at the bank’s cash desk using the passport. If the card was later found, then to unblock it and continue using the money, you just need to call the institution with a request to cancel the blocking.

If your card is blocked due to an incorrect PIN code, you need to contact support to find out what to do next. Some banks block cards temporarily, which allows you to use the funds after expiration. 24 hours.

Other credit institutions imply permanent blocking and to restore access to funds, you need to write an application for a new card.

If you need money urgently and don’t have time to wait for a new card, you can withdraw funds at the cash desk. In some institutions, it is enough to present a passport for this.

In others, you need to have a card with you along with your passport, so if it is lost, you won’t be able to withdraw it. But most banks, for example, still give money to clients in the absence of a card, but only if they write a corresponding application.

Making claims

What to do if the bank has blocked the card or withdraws funds without a court decision or a statement of claim? Is it possible to reverse this decision and restore free access to personal funds?

Each client, faced with this problem, has the right to challenge the bank’s actions in court by filing a statement about the unlawful actions of the credit institution. If you do not want to participate in legal difficulties, you can try to resolve the issue with the bank itself by presenting relevant claims to it in writing.

According to the law, the bank is obliged to guarantee its clients the secrecy of bank accounts, deposits, loans and any transactions on them.

Issues discussed in the material:

• Is banking secrecy violated when transmitting information to collectors?
• What is the liability for violating bank secrecy?

What is bank secrecy? Federal Law N 395-I “On banks and banking activities”

Bank secrecy is information about the client that the bank does not have the right to transfer to third parties. In this article we will talk in detail about information that constitutes banking secrecy and in what situations they can be disclosed to the competent authorities. In accordance with Article No. 26 of the Federal Law of December 2, 1990 N 395-I “On Banks and Banking Activities,” bank secrecy includes information about accounts, deposits and transactions of clients and correspondents of banks and other credit organizations.

The concept of bank secrecy implies information at the disposal of a credit institution and which can be disclosed to third parties only in exceptional cases established by Federal Law No. 395-I “On Banks and Banking Activities”. The task of any bank is to maintain the confidentiality of client information. It should be understood that the leak of information, for example, about the amount of savings on deposits, can cause significant consequences, in particular, criminal prosecution of the deposit owner for the purpose of profit or blackmail. In Russian legislation, there are two main documents that enshrine the concept of bank secrecy and the information that forms it:

• Federal Law N 395-I “On Banks and Banking Activities”
• Civil Code of the Russian Federation

If we analyze these regulatory documents, we can determine that the information constituting bank secrecy includes the following information:

• Passport data of bank clients (for individuals);
• Bank details of the organization (for legal entities);
• Client information about property availability and income level;
• The fact of opening an account (accounts), its number and date of opening, type of account, account currency;
• The fact of the presence of funds in the account (money, unallocated metal accounts), amount, interest on the deposit, term of the agreement;
• The existence of a loan, terms of repayment and receipt, interest rate on the loan;
• Movement of funds in accounts and deposits. Such information includes replenishing a deposit, withdrawing money, transferring to your own accounts or the accounts of other persons.

In short, banking secrecy is any information about bank clients and the transactions they make with their accounts.

Disclosure of bank secrecy about legal entities

Separately, it is worth considering the issue of protecting bank secrecy and the information that constitutes it in relation to legal entities. Legislative norms on bank secrecy have a number of exceptions and, first of all, this is due to the fact that government agencies will not be able to carry out their work of control and financial monitoring to the required extent due to the lack of information about the availability and flow of funds in the accounts of organizations and enterprises, and the amounts As is known, there is orders of magnitude more money there than in the accounts of individuals. For this reason, in certain cases (strictly prescribed in Federal Law N 395-I and the Civil Code of the Russian Federation), a banking organization is obliged to report information constituting bank secrecy at the request of an authorized body, and sometimes without a request automatically, especially with regard to suspicious transactions and cash movements. funds from legal entities' accounts.

In particular, statements of accounts of individual entrepreneurs and legal entities are provided by the bank based on requests from the following government services and structures:

• Courts;
• Tax Inspectorate;
• Rosfinmonitoring;
• Accounts Chamber of the Russian Federation;
• Federal Bailiff Service (FSSP);
• Customs Service;
• Pension Fund of Russia (PFR);
• Social Insurance Fund of the Russian Federation (FSS);
• Ministry of Internal Affairs (in the investigation of tax crimes).
• Investigative bodies (four departments of the Ministry of Internal Affairs, SKP, FSB, FSKN).

In addition to account statements, banks are required to provide tax services with information about the opening or closing of deposits of individual entrepreneurs and legal entities; banks are also required to inform in the event of a change in the details of deposits of organizations or individual entrepreneurs.

According to the law, the Central Bank of Russia has the right to receive information constituting bank secrecy about legal entities from credit institutions.

There are also non-governmental organizations that have the right to obtain data that constitute banking secrecy, for example, the credit history bureau (BKI). But there is one “but” here - information about banking transactions can be transferred to this organization only with the consent of the client (as a rule, this condition is specified in the agreement with the bank).

Disclosure of bank secrecy about individuals

To whom can the bank disclose information constituting bank secrecy about citizens' accounts? The following services and government agencies have the right to request information that constitutes banking secrecy about individuals from a credit institution:

• Bailiffs Service;
• Central Bank of the Russian Federation;
• Deposit Insurance Agency;
• Investigative authorities.

No credit organization has the right to refuse to disclose bank secrets about individuals to the above-mentioned government services and structures.

Separately, it is worth noting the case of the death of a bank client; in such a situation, the credit institution needs to inform persons associated with the former client (for example, heirs) and provide them with information that constitutes the citizen’s banking secret. Such information may include information about deposits and current bank accounts of the deceased. In such situations, banks apply the following rules:

• If the client has not drawn up a testamentary disposition during his lifetime, then information about his bank accounts will be transferred to a notary who has opened an inheritance case in connection with the death of this person.
• If the client has made a testamentary disposition regarding his bank savings during his lifetime (drawn up and executed directly at the bank branch without the need to notarize), then the bank secret will be disclosed to the heirs whom the citizen indicated in the decree document.

Currently, the Federal Tax Service has the right to request information from banks about the closure or opening of deposits and accounts of citizens. An important point: a particular tax office (IFTS) has the right to request information about an individual that constitutes a banking secret only when such a request is agreed upon with a higher tax authority.

As for the credit history bureau, information about the banking transactions of an individual, which constitutes a banking secret, can be transferred to the BKI only with the consent of the citizen. In most cases, when signing a banking service agreement with a client, it contains a clause stating that the citizen is not against providing some information that is a bank secret to the credit history bureau.

Is banking secrecy violated if information is transferred to a collection agency?

From the current judicial practice it is clear that banking structures have the right to transfer debts on loans of their clients to collection firms. But such actions can only be carried out if a number of conditions are met:

• The debt is transferred by drawing up an agreement on the assignment of the right of claim. In this case, all provisions of the Civil Code of Russia on the assignment agreement must be observed.
• If the borrower of the loan is an individual, then the sale of debt to collection companies (that do not have one) is possible only if this is stipulated in the loan agreement signed by the borrower client.
• If a citizen’s debt is recognized by the court and a writ of execution is issued to the creditor, it can be transferred to any third party, even if the debtor did not consent to such transfer. (Definition of the Supreme Court No. 89-KG15-5 dated 07/07/2015).

Therefore, if the above conditions are met, in the case of transferring and providing her with information about the debtor, such actions do not constitute a violation of a citizen’s bank secrecy.

However, collection agency employees, like bank employees, are required to comply with measures to protect information that is a bank secret from unauthorized persons.

What is the liability for violating bank secrecy? Art. 183 of the Criminal Code of the Russian Federation

Information constituting banking secrecy is protected by law, therefore authorized persons are obliged to maintain banking secrecy of clients. For the disclosure of such information, the legislation of the Russian Federation provides for liability, even criminal liability!

If an employee of a credit institution violates bank secrecy, the client has every right to demand compensation for the damage caused to him. However, the victim of the disclosure of his bank secrets by negligent employees of the credit institution is obliged to prove the fact of causing losses and their amount. Practice shows that this is associated with certain difficulties.

Criminal Code of the Russian Federation in Art. 183. “Illegal receipt and disclosure of information constituting commercial, tax or banking secrets” determines that, depending on the severity of the consequences of disclosing information containing banking secrets, the following types of punishment may be imposed on the perpetrator:

• A fine of up to 1,500,000 rubles or in the amount of wages or other income of the convicted person for a period of up to three years;
• Deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years;
• Forced labor for up to five years;
• Imprisonment for up to 7 years.

Article 183 of the Criminal Code of the Russian Federation applies not only to employees of banking organizations; it can also be applied to other persons who had access to information constituting bank secrecy and violated it.

Liability is also provided for persons who illegally collect information constituting commercial, tax or banking secrets by stealing documents, bribery or threats, as well as in other illegal ways.