Mass closure of bank accounts. Lomoviks demand an end to the mass closure of bank accounts. What to pay attention to

Information that the largest banks are carrying out massive closures of accounts of suspicious clients “on a tip” from the Central Bank appeared on the banking forum MBKcentre.pro. The activation began about two months ago, Kommersant’s sources confirm. “All measures are in line with the Central Bank’s letter 236-T “On increasing the attention of credit institutions to individual transactions of clients,” issued at the end of last year,” notes one of the bankers. “It’s just that now they are conducting targeted work with the largest banks: they call, show how The recommendations outlined in the letter must be put into practice." It has reached the point where the Central Bank is sending out lists of specific clients to specific banks, to which the latter are advised to pay close attention, bankers say. “This is not the first time that lists have been sent out; this work has been carried out with banks for a year, but now it has acquired such a scale that it has become noticeable to the naked eye,” notes one of Kommersant’s interlocutors. Thus, there are, in fact, two news: intensification of targeted work with the clientele of large players and an emphasis on closing already open accounts, and not on refusing to accept services, as before.

The press service of the Central Bank confirmed the fact that lists of suspicious clients were being sent to banks. “According to the Law “On the Central Bank”, the Central Bank has the right to request from the bank additional information about clients who, based on the information resources of the Central Bank, raise suspicions regarding transactions of a confusing or unusual nature, indicating the absence of an obvious economic meaning or legitimate purpose,” they note. . The scope of such a request is individual, and in each situation depends on the number, nature, and frequency of such transactions performed by clients, the press service of the Bank of Russia adds. The lists, of course, are not disclosed.

Having received such a request, banks conduct an in-depth check of the clients’ activities: obtaining information about the purposes of establishing and the intended nature of their business relationship with the bank, the goals of the activity, financial situation, business reputation of the client, the sources of origin of his funds, etc.

Then they send the Central Bank information about the measures taken. At the same time, the Central Bank does not have the right to oblige banks to part with clients - banks make such decisions independently, the press service of the Central Bank emphasizes. The Central Bank did not specify how many bank clients were included in these lists, explaining that Rosfinmonitoring has statistical data. Rosfinmonitoring did not disclose them. “Statistics depend on many factors: seasonal fluctuations in the economy, increased intensity of the Central Bank’s supervisory activities, regional characteristics,” notes Deputy Director of Rosfinmonitoring Pavel Livadny.

Large banks did not comment on the topic in detail. Sberbank and Alfa Bank carry out all activities required by law, including exercising the right to refuse to conduct transactions or open an account. “We have always paid due attention to compliance issues; now, due to the strengthening of regulation by the Central Bank in this area, we, like the entire market, are acting accordingly,” they add at Alfa Bank. The press services of VTB Group and Otkritie declined to comment. The RSHB did not respond to Kommersant's request.

I have already written that the list of suspicious clients sent to banks contains not only companies that can probably be suspected of laundering or illegal withdrawal of funds, but also non-profit organizations, both those that have received the status of foreign agents and those that have been found to be disloyal, but not yet branded. There are also individuals there. The list of individuals consists almost entirely of the names of people who are, to one degree or another, involved in opposition activities. I know of at least two such cases: banks did not close their accounts themselves, but recommended clients to do it themselves, or created special conditions for such clients in which the clients obviously could not work. I’m just doing a little research on this matter; I’ll be able to publish this information by the New Year. If anyone else has encountered this problem, please write and I will add it.

The Bank of Russia is expanding its targeted fight against money laundering and illegal cash withdrawal. The largest banks are undergoing massive closures of accounts of suspicious clients, which raise doubts among the regulator, writes Kommersant.

According to the publication, the activation began about two months ago due to the constant improvement of money laundering and cash-out schemes. “All measures are in line with the Central Bank’s letter 236-T “On increasing the attention of credit institutions to individual customer transactions,” issued at the end of last year,” one of the bankers confirmed to the publication. “It’s just that now they are conducting targeted work with the largest banks: they call them, show them how to put into practice the recommendations outlined in the letter.”

It has reached the point where the Central Bank is sending out lists of specific clients to specific banks, to which the latter are advised to pay close attention, bankers say. “This is not the first time that lists have been sent out; this work has been carried out with banks for a year, but now it has acquired such a scale that it has become noticeable to the naked eye,” notes one of the publication’s interlocutors. Thus, there are, in fact, two news: intensification of targeted work with the clientele of large players and an emphasis on closing already open accounts, and not on refusing to accept services, as before.

The press service of the Central Bank confirmed the fact that lists of suspicious clients were being sent to banks. “According to the Law “On the Central Bank,” the Central Bank has the right to request from the bank additional information about clients who, based on the information resources of the Central Bank, raise suspicions regarding transactions of a confusing or unusual nature, indicating the absence of an obvious economic meaning or legitimate purpose,” they note. . The scope of such a request is individual and in each situation depends on the number, nature, and frequency of such transactions performed by clients, the press service of the Bank of Russia adds. The lists, of course, are not disclosed.

Having received such a request, banks conduct an in-depth check of the clients’ activities: obtaining information about the purposes of establishing and the intended nature of their business relationship with the bank, the goals of the activity, financial situation, business reputation of the client, the sources of origin of his funds, etc. Then they send Central Bank information on the measures taken. At the same time, the Central Bank does not have the right to oblige banks to part with clients - banks make such decisions independently, the press service of the Central Bank emphasizes.

Large banks did not comment on the topic in detail. Alfa-Bank carries out all measures required by law, including exercising the right to refuse to conduct transactions or open an account. “We have always paid due attention to compliance issues; now, due to the strengthening of regulation by the Central Bank in this area, we, like the entire market, are acting accordingly,” Alfa-Bank adds. The press services of VTB Group and Otkritie declined to comment. Rosselkhozbank did not respond to the newspaper's request.

In an informal conversation, bankers confirm that the vast majority of companies on the lists indeed have grounds to refuse service, but there are exceptions, including those who have corrected themselves. However, given the determination of the Central Bank, it is easier to get rid of them.

The National Association of Scrap Recyclers NP NSRO "RUSLOM.COM" initiates a number of activities and takes measures to assist in resolving the critical situation that currently exists in the interaction of scrap processing industry enterprises with servicing banks

Since August 2015, NP NSRO “RUSLOM.COM” has received requests regarding a sharp change in banking policy regarding scrap processors, namely:

1. In 2015, the percentage for withdrawing cash from a bank account for the purchase of raw materials from individuals - scrap dealers in banks increased to 7-10%, whereas previously it was 0.1-0.2%.

2. Forced closure of current accounts and termination of cash settlement services of clients without explanation. Such incidents occur with both small and medium-sized and large scrap processing enterprises, which are long-term partners and long-term clients of banks.

3. Decrease in the quality of banking services: blocking of electronic payments and bank-client software, closure of credit lines, a significant increase in the volume of supporting documents for ordinary transactions and, as a result, a critical decrease in the speed of banking transactions.

In 2015, scrap of ferrous and non-ferrous metals was classified as one of the most important goods on the Russian domestic market and is a strategic raw material for the metallurgical industry, without which the operation of metallurgical plants is technologically impossible. The current situation is extremely risky and critical not only for the scrap processing industry, but also for the country’s economy as a whole.

The industry community fully supports the course of the Central Bank and authorities aimed at whitening the market and combating illegal business and offers assistance and cooperation in achieving these goals. However, the current policies and measures applied to scrap processors lead to the suspension of the activities of manufacturing enterprises in the real sector of the economy that have assets, capacities, a large staff of qualified specialists, as well as a positive business reputation in the market. This creates an environment for the growth of shadow business.

As a result of tightening regulation of banking services, more than half a million businessmen lost access to their accounts

Since the beginning of the year, banks have blocked over 500 thousand accounts of entrepreneurs as part of the fight against cashers. Kazan businessmen have also encountered similar cases: the threat of blocking a bank account may loom in connection with seemingly completely innocent transactions. Experts from Realnoe Vremya believe that the reasons for this “tightening of the screws” lie in the simple desire of the state to collect more taxes, for which the front of the fight against cashers is expanding.

Half a million blocked accounts

Since the beginning of the year, banks have blocked over 500 thousand accounts of entrepreneurs as part of the fight against cashers, according to data provided by the public organization “Business Russia”. The blocking is related specifically to combating money laundering within the framework of 115-FZ, Alexey Poroshin, head of the Center for Financial and Credit Support of Business Russia, told Realnoe Vremya. In particular, we are talking about the fight against fly-by-night companies and schemes for illegal cash withdrawals.

“I agree that if a company really conducts illegal activities, its accounts must be closed,” comments Poroshin. - But honest entrepreneurs who conduct their business within the framework of the law often fall under the same brush, but suddenly some of the transactions they carry out seem dubious to the bank<…>. Even if you paid 100 rubles to an understandable, high-quality supplier, and he then transferred this money to a counterparty dubious for the Central Bank, your company may also fall under the law.

According to Nagumanov, people rarely turn to the commissioner for support - blockages due to non-payment of taxes occur much more often. Photo by Maxim Platonov

The trend towards an increase in the number of account blockings in connection with combating money laundering was confirmed to Realnoe Vremya by the business ombudsman of the Republic of Tatarstan Timur Nagumanov. However, according to him, people rarely turn to the commissioner for support - blockages due to non-payment of taxes occur much more often.

We know that this trend exists,” Nagumanov commented on the situation. - But there are few such requests. After all, entrepreneurs are sorting things out with banks, there is no excitement about this. More often we work on issues with blocking at the request of the tax authorities.

Among other cases, entrepreneurs indicated that the bank blocks an account upon request for alleged debts to the Pension Fund.

However, not all experts note a similar problem. Thus, Pavel Tubaltsev, head of the legal department of the law firm Taturinform, believes that those who are blocked are mainly those who should be, that is, participants in cash-out schemes.

The Central Bank regularly publishes methodological recommendations to banks related to this law. Photo sotnibankov.ru

You've been working less than two years - are you already half-suspicious?

Note that Federal Law 115 itself has not changed for quite some time, but the Central Bank regularly publishes methodological recommendations for banks related to this law. Thus, the recommendations dated July 21, 2017 provide a number of characteristics of companies over which banks should establish enhanced control:

• cash accounts for more than 30% of weekly turnover;
• less than two years have passed since the date of creation of the legal entity;
• the activity within which operations are carried out to credit and debit funds from the account does not create obligations for its owner to pay taxes or the tax burden is minimal;
• money is transferred to the account from counterparties whose bank accounts are used for transactions with signs of transit;
• money into the account comes from the counterparty, who simultaneously transfers funds to the accounts of other clients;
• funds, as a rule, are credited to the account in amounts not exceeding 600 thousand rubles;
• Cash withdrawals are carried out regularly, daily or within three to five days from the date of receipt;
• cash withdrawal in an amount not exceeding 600 thousand rubles, or in an amount close to the maximum amount of funds that can be issued to a client during one business day;
• money is withdrawn at the end of one trading day and again at the beginning of the next;
• The client has several corporate cards through which cash is withdrawn, but there are almost no other transactions.

Thus, any newly opened company can come into the scope of financial monitoring, especially if its activities are associated with a large amount of cash, for example, from the field of trade or consumer services. However, not everyone sees such recommendations as a threat to business.

This is just a sign; it will not lead to the general recognition of everyone as unreliable,” Tubaltsev believes. - I don’t see a problem.

According to Rustem Akhmetsafin, a call from the bank’s financial monitoring service may come after just one large payment not related to the field of activity. Photo by Maxim Platonov

Only targeted spending

In this list, special attention should be paid to the third point, which states that the bank may be suspicious of payments not related to the activities specified in the OKVED codes. According to the head of the law firm “Business Adviser” Rustem Akhmetsafin, a call from the bank’s financial monitoring service can come after just one large payment not related to the field of activity.

“I had a situation where we were buying a car for a company,” he said. - That's it, a non-standard operation. There was a call from the financial monitoring service, they asked what kind of non-standard operation this was, and why you were spending such a non-standard amount. You usually provide legal services, and then suddenly there’s some kind of suspicious sale.

In addition, suspicions may arise due to the large volume or frequency of transfers - what if this company is a “transit company” in some “gray” scheme? “For example, a company is engaged in the sale of metal structures; several millions pass through its accounts per day,” adds Akhmetsafin. “The bank already sees this as a possible cash-out scheme, and they are starting to block everyone’s accounts.”

For example, you are engaged in construction, but decided to hold a sports tournament for your employees and paid for the rent of a football field to some individual entrepreneur in Sochi,” Poroshin gives other examples of “suspicious” transactions. - Here the purpose of the payment does not correspond to the nature of your business. Or if your income is equal to your expenses, or you transferred money to counterparties too quickly - this may seem like a “transit” to the bank. The check goes almost to the tenth generation.

Lockdown is sudden

Tinkoff Bank specialists speak out even more radically: “If you are an entrepreneur, any bank can suddenly block access to your account. The reason is suspicion of cashing out.” To reduce the risk of blocking, they also recommend checking counterparties, describing all transfers in detail, and responding to requests from the bank’s financial monitoring service in a timely manner. But, as Akhmetsafin notes, an account can be blocked absolutely suddenly, without any warning from financial monitoring, or even from other bank services.

If you look into it, then this (blocking the account without warning - approx.. ed.) is unacceptable, he says. - But although the bank is in a contractual relationship [with the entrepreneur], it still takes a strong position. Well, how can we put pressure on him? We won’t pay a thousand rubles for account servicing? You can, of course, spin this issue and complain. But it will take a lot of time and money. And people need to work.

“The state is becoming more and more “toothed” and strong”

Experts agree that regulation is now being strengthened in the area of ​​relationships between banks and entrepreneurs. “New laws and strengthening of the state are taking place,” comments Tubaltsev. - Of course, our state is becoming more and more “toothed” and strong. This is probably normal. We are progressing. The state has new tools in the fight against those people who do not comply with the law.”

“This is all connected with the state’s desire to collect more taxes,” Akhmetsafin believes. - To do this, it begins to fight cashers. It knows that cashers are often small banks, and in connection with this there has been a surge in bank closures and license revocations. Small banks are removed, leaving only banks obedient to the state, which become even more obedient.

Poroshin also agrees that the serious attitude of banks is associated with the risk of losing their license. Because of this, in his opinion, “banks have turned into control and supervisory authorities.”

Alexander Artemiev

Since 2017, banks have been massively blocking current accounts of small and medium-sized business owners. At least 500 thousand entrepreneurs faced this problem last year.

Blocking a bank account has only one basis - Law 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

As a rule, the bank simply refers to the law and does not indicate what exactly seemed suspicious to it. Access to money is closed very quickly, but lifting sanctions from a current account is not so easy; you need to go through long legal battles and prove that the entrepreneur had no intention to finance terrorists or money laundering.

In an interview with the site, the deputy chairman of the non-profit association “Ural Banking Union” explained for what transactions a client can be blacklisted, and how to get out of there.

Since last year, there has been a wave of blocking of entrepreneurs’ accounts; banks refer to Federal Law 115 and do not provide specific explanations. Why is this happening?

Let's get this straight first. Many people can block an account. Tax office, if the company does not pay taxes. If you don't pay child support, your account will also be blocked. The court may also block the account as part of some interim measures.

I’m not talking about blocking accounts, we are talking about closing accounts and suspending transactions within the framework of Federal Law 115 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

Entrepreneurs most often complain about the closure of accounts without explanation from the bank. Because if the tax office blocked the account, then it’s clear what the reason is. But as for Federal Law 115, from the point of view of an entrepreneur, he seems to be acting within the framework of the law. Entrepreneurs often say “everyone is doing this, but suddenly they blocked me.” But the main thing in this law is not the closure of the account, but the fact that the bank reports information on illegal transactions to the Central Bank. Then Rosfinmonitoring transfers the data to law enforcement agencies, and then it’s clear how the matter ends.

The problem is that last year a law was passed according to which it is possible to close the accounts of legal entities; moreover, banks were given the authority not to open accounts. For example, in the USSR, a bank was not obliged to open an account for a client. The entire banking revolution in the 90s boiled down to the fact that the bank never has the right to refuse a client to open an account, that is, the client is always right.

And in 2017, they did the same as in the USSR: if a bank does not want to open an account for a client, then it may not do so, and no explanation of the reason is needed.

And then a list appeared from Rosfinmonitoring and the Central Bank, which recorded all account closures. The Bank of Russia and Rosfinmonitoring said that the inclusion of entrepreneurs or organizations in this list is not a reason for mandatory refusal to open an account. However, banks took the list as a guideline and simply stopped opening accounts to those on the list.

As a result, if you are on the list, you can’t open an account?

The Central Bank said that the list is needed only for, and presence on the list does not mean that opening an account will be refused. However, in fact, few banks will want to open a current account for a client from this list.

But in March of this year, amendments came into force that allow clients to be rehabilitated. Now the client has the right to submit documents to the bank confirming that there are no grounds to close the account. The bank is obliged to consider the application within 10 working days. Having received a message about the impossibility of rehabilitation, the client has the right to submit an application and supporting documents to a special interdepartmental commission at the Bank of Russia. The total period for their consideration by the commission is no more than 20 working days from the date of the applicant’s application.

Why can you get on the Central Bank’s list under Federal Law 115?

115 of the Federal Law tells us about two cases: financing of terrorism and money laundering. Very often, entrepreneurs do not see that they are committing an illegal act; they may not even have intent.

Terrorism financing may be something completely unobvious. For example, you transferred money to a migrant janitor who was given a job, but for some reason was not officially registered. And this person ended up on the Rosfinmonitoring list.

No one will understand why you transferred money to a person who is on the list of terrorists. On the Rosfinmonitoring website there is a public list of persons whose financial transactions will be regarded as financing terrorism.

If you are interested in a servicing bank or the Bank of Russia, then, as a rule, you will receive a letter in which the relevant institution will ask you for supporting documents. Some entrepreneurs take these letters with hostility and say: “Who are you, I won’t show you anything.”

Secondly, the Central Bank directs banks to check the reality of business. The reality of business is, first of all, the reality of transactions. And now there is an entrepreneur with a small but stable business. This business does not bring in excess income, it is a little stalled, but it has been working for a long time. From the bank's point of view, this is a good client. Suddenly a tempting snake appears and says that he has an acquaintance who has an excellent project in mind. The authors of this project are ready to deposit money into his account, he will withdraw it and return it, and he himself will receive a percentage from it.

As a result, a normal entrepreneur who has a real business, but is currently experiencing difficulties, becomes a cashier.

10 million rubles are transferred to his account, he comes to the bank to withdraw this amount. The bank blocks the money and transmits the information to Rosfinmonitoring and the Central Bank. The entrepreneur, of course, does not agree with the bank’s decision. He shouts that he has been an honest entrepreneur for 20 years, and now his account has been suspended.

We see that if earlier shell companies were engaged in cashing out, today honest entrepreneurs with a long history and an operating company are brought under the article.

What if, after all, the company was mistakenly included in the Rosfinmonitoring list and the account was closed?

Usually, in situations where account servicing is suspended, it is very clear which of the entrepreneurs earned money honestly and who really fits under 115 Federal Law.

An honest entrepreneur will definitely go to court, because he does not intend to give his money to anyone. If your money was frozen because someone at the bank just wanted it, then the court will oblige you to return all the money with a commission.

If an entrepreneur suspects that he may have problems under Federal Law 115, then he will not go to any court. He can shout about injustice on social networks, in the media, but he won’t even write to the interdepartmental commission. Because he understands perfectly well that checks will come and it will be even worse.