Skip to main content
Advertisement
Live broadcast

The lawyer mentioned possible reasons for the bank's refusal to refund the deposit.

Yakushev's lawyer: there are five reasons why the bank will not refund the money from the deposit
0
Photo: IZVESTIA/Eduard Kornienko
Озвучить текст
Select important
On
Off

The bank's refusal to refund the deposit is a situation that often turns out to be unpleasant and unexpected for the client. On February 15, Elena Yakusheva, lawyer and partner of the law firm Pleshakov, Ushkalov and Partners, identified five main reasons why the bank may refuse to refund the deposit.

The first reason was the revocation of the bank's license. Previously, this was one of the most common reasons. If the bank's license is revoked, it stops all operations, including issuing deposits. In this case, the bank will be placed under the management of the Deposit Insurance Agency (DIA). Deposits of individuals are insured for up to 1.4 million rubles in all accounts in one bank, and such deposits are subject to reimbursement as a matter of priority. Deposits of legal entities and amounts over 1.4 million rubles are reimbursed in the bankruptcy procedure of the bank.

The lawyer highlighted the arrest or blocking of the account as the second point. According to her, if a client's account is blocked by a court decision or other authorities (for example, the tax service, bailiffs or investigative authorities), the bank is obliged to comply with these regulations. The reasons for the arrest may include non-payment of taxes, alimony, fines, court debt, or suspicion of criminal origin of funds. In this case, the client will not be able to receive the money until the restrictions are lifted.

The dispute over succession is the third reason, Yakusheva noted. If the depositor has died, only his heirs can get access to the deposit. To do this, they must provide the bank with a certificate of inheritance rights issued by a notary. If there is a testamentary disposition drawn up in the bank, the process is simplified. Until the heirs take over, the bank will not give out the money, even if they are close relatives.

Yakusheva called the lack of necessary documents the fourth point. In case of a large deposit or suspicious transactions, the bank may require additional documents confirming the identity of the client. Without a passport or other documents, the bank will not be able to refund the money.

And the final point was the bank's suspicion of fraud, the lawyer said. This is one of the most common reasons for refusal, the lawyer said. If the bank considers the operation suspicious, for example, if an elderly person tries to withdraw the entire amount from the deposit and cannot explain the reason, they have the right to block the operation. In this case, the client will need to confirm their intentions and legal capacity, and may need to visit the bank again and provide additional documents.

"Be sure to receive from the bank employee an official document indicating the reason for the refusal with reference to the law or the bank's internal instructions with the employee's signature and the bank's seal. Then file a complaint with the bank branch, duplicate it to the bank's head office," Yakusheva advised in an interview with the Prime agency.

If the bank does not respond, you should file a complaint with the Central Bank of the Russian Federation through the online reception or in person. As a last resort, you can file a lawsuit, which is effective if the bank's refusal is unlawful.

Rusudani Zakaraya, the supervisor of legal support for Legal principles consulting, said on February 7 that the bank may refuse to refund funds to depositors due to arrest, suspicious transactions or financial control requirements. According to her, most often the refusal is related to the actions or omissions of the client himself. She added that blocking is also possible on the basis of the law on countering money laundering, if the depositor has come under the control of Rosfinmonitoring.

All important news is on the Izvestia channel in the MAX messenger.

Переведено сервисом «Яндекс Переводчик»

Live broadcast