Blocking an account under 115-ФЗ - causes, risks and consequences

Locking a current account has become common today. Credit organizations explain their actions by referring to Federal Law No. 115 "On counteracting the legalization (laundering) of criminally obtained incomes and the financing of terrorism." If there is the slightest suspicion of the legality of the client’s operations, the bank reacts immediately - it blocks access to remote banking services.

What is 115-FZ

Federal Law No. 115 was developed and put into operation in 2001, but until 2017 it was practically not applied. In 2012, the Bank of Russia developed a number of requirements that all participants in the banking system must adhere to. Control and verification of account transactions have become mandatory for financial organizations. The Central Bank regularly publishes explanations, letters, orders and requirements that make adjustments to the work of bank employees when checking accounts.

In 2018, millions of payments between counterparties undergo careful monitoring of financial monitoring to identify suspicious transactions. Many transactions are denied execution, and accounts are closed.

Who is in the spotlight?

The main participants in entrepreneurial activity that fell under the control of banks are representatives of small and medium-sized businesses. Many organizations involved in legal activities, were under the influence of the banking system. All their payments pass strict control and can be canceled by decision of the financial monitoring service. It is difficult for companies that once came under suspicion to open a bank account in other banks in the future. In addition to jur. persons subject to blocking by 115-ФЗ accounts and physical. individuals, as they are participants in the financial market on the same conditions.

Signs of suspicious activity

To attract the attention of banking services to their operations can not only the "left" company, but also an honest entrepreneur.

Suspiciously:

• ignoring messages of banking specialists;
• regular contributions from the founders;
• frequent large debiting to the accounts of other firms, with subsequent withdrawal;
• the tax burden does not correspond to the volume of transactions taking place in the account. The Central Bank has set a minimum amount of 0.9% of the debit turnover of the account;
• the absence of write-offs on salaries, transfers of personal income tax and insurance contributions;
• salary level below the minimum wage;
• resumption of work after a long break: from 3 months;
• receipt of a large amount of money, which is debited to outside jurors. persons as soon as possible;
• the head and founder of the company is one and the same person;
• The company is registered at the "mass" legal address.

An expanded list of signs by which activity may be considered suspicious is collected in the Regulation of the Central Bank of the Russian Federation No. 375-P dated 02.03.2012.

Account Lockout Reasons

The Bank, in an effort to maintain its reputation, carefully checks the receipt and write-off of the client. The law applies to individuals and legal entities. Following it, the bank carefully analyzes the operations of the client, sends requests for documents on entrepreneurial activities and financial statements. These actions completely exclude the normal work of the client, not giving the opportunity to fulfill obligations under the contract. As a result, the deadlines for the execution of work are violated, there is a need to pay interest and fines.A company may sue the actions of a credit institution, but in practice it is a lengthy process, rarely ending successfully.

The reasons for the bank to block an account in 115-FZ, which may cause a financial institution to declare a company or individual entrepreneur unfair:

1. Transactions in a bank account do not match the declared OKVED codes.
2. Payments for crediting and debiting are not linked.
3. Payments with VAT come to the account, and are debited to companies without VAT.
4. Checking the IP address showed a match for previously closed customer accounts.
5. The company exists on the market for less than 2 years.
6. Regular cash withdrawals.

If you do not respond to the bank’s request in a timely manner, then it can, according to the current account servicing agreement, apply penalties.

What operations are under suspicion

The bank, in addition to the developed list of securities, can independently develop the criteria by which customers are tested. These include:

• the counterparty is counted among criminals;
• the amount of the write-off payment is more than 600 thousand rubles. Transactions in excess of this amount are controlled by the Federal Tax Service and Rosfinmonitoring;
• the participant in the transaction acts to the benefit of the wanted persons;
• tax locks;
• suspension judgment;
• suspicions of the authenticity of the documents provided;
• suspicious transfer: offshore or to an individual.

How does a bank block an account?

A credit institution may influence the work of a legal entity by restricting its work with an account as follows:

1. Stop all operations. The bank has the legal right to block an account if its owner is listed as a person for whom there is information about involvement in extremist activities. This information can be published on the Rosfinmonitoring website. In other circumstances, only a court or Rosfinmonitoring can decide to block an account, but only for 30 days.
2. Delay in payment execution. According to paragraph 14 of Art. 7 115-ФЗ the client should send documents confirming the transaction. Until a response is received, the bank ceases to execute customer orders.
3. Refusal to conduct a money transfer.

Request Processing Procedure

Banks give from 2 to 7 days to provide supporting documents. Often the volume of requested documents is so large that physically it is not possible to provide it. The main thing is not to be silent, but to immediately enter into a dialogue with the bank by writing a letter to extend the deadlines for providing an answer. For example, when an account is blocked under 115-ФЗ, Sberbank gives 7 working days to send the requested documents, and financial monitoring specialists regularly contact the client.

The next 10 days, financial monitoring checks the submitted documents, and then reports the decision. After verification, most often, the termination of the settlement and cash services agreement follows. If the client does not agree, then he can appeal against the actions of the credit organization in the interagency commission. The claim is considered within 20 days, and the decision made does not always satisfy the client.

The term of account blocking under 115-ФЗ must exceed 45 days. At this time, the organization cannot make operations on it.

The response to the bank’s request and the documents submitted do not guarantee a successful audit. Larger banks look at customer responses longer than smaller ones. If you do not provide the documents on time, it will serve as a reason for rejecting the operation. In case of a repeated refusal, the bank has the right to terminate the contract.

Consequences of blocking an account under 115 - FZ

Information on locks and suspensions on the current account is transmitted through interbank channels. A legal entity or an individual, once suspected of legalizing and laundering income, often faces further problems in the business, as banks are reluctant to contact such clients.

Credit organizations oblige to provide and timely update information not only about the company, but also its leaders, participants, beneficiaries and beneficiaries.

Therefore, when opening an account with a new bank, the security service asks for detailed information about all persons participating in the activities of the company, if the credit institution is not ready for cooperation, then the potential client will be refused.

Note! Since March 2018, amendments have come into force regarding challenging the bank’s decision and receiving explanations from it, justifying refusals or blockages.

How to act if you do not agree with the lock

If, after passing the audit, the decision was made to terminate the bank account service agreement, and the client does not agree with this decision, he can restore his rights. To do this, you can:

1. Send a complaint to the electronic reception of the Central Bank, enclosing supporting documents.
2. You can prove the illegality of the bank’s actions by going to court. Customers who disagree with the actions of the bank are increasingly turning to outside help. The legal practice of blocking an account under 115 - FZ has become one of the most popular areas in legal offices.

Recommendations on how to avoid becoming suspicious

In order to protect your business from the effects of close attention of financial and tax institutions, you should take the following preventive measures:

1. Before starting work with a counterparty, its reputation should be checked through special portals or on the tax website. Many online banks provide this service as part of the service, allowing you to check the counterparty when preparing a payment order.
2. Detail the purpose of the payment. Carefully check closing documents.
3. Minimize cash handling.
4. Do not withdraw money in large amounts and often.
5. Pay taxes and fees, as well as conduct business operations: the purchase of office supplies, rental payments, mobile communications.
6. Minimize transfers to individuals.
   

Blocking an individual’s account in 115 Federal Laws

Not only legal entities, but also individuals can fall under the scrutiny of a credit institution.

Having received an order from a credit institution to suspend operations on an account and subsequently request documents, the first thing to do is contact the bank and determine the reason for the freezing of operations. The second option is to turn to lawyers.

How to withdraw money from a blocked current account

In case of blocking on the account of all funds of the organization, it can withdraw them and pay with its counterparties by doing so:

1. The creditor is suing. Having won it, he receives a writ of execution and addresses him to the bank. A credit institution is obliged to execute it.
2. A court order is a decision that is issued by a judge on the basis of an application, while the amount claimed should not be more than 500,000 rubles.

In case of coincidence in one or several indicators, LLCs or individual entrepreneurs may be ranked among customers with increased risk, having been suspected of laundering. Coincidence can occur in almost any company, so you should be careful and quickly contact the bank.

It is impossible to protect 100% from bank blocking of a current account under 115-ФЗ. It is recommended not to participate in financial transactions with an unreliable counterparty, and not to ignore bank requests for clarifications.

Today, the situation in the world of business and finance has become more difficult. In addition to "cash-in offices", real firms honestly working in the market also come under suspicion.