Blocking a current account brings a lot of problems to a company. Without finance, any company is practically deprived of the opportunity to continue its activities. In this article you will learn about the main reasons for blocking and learn how to access frozen funds. You will also receive information on ways to avoid such actions from the bank.
Possible reasons
The activities of the banking sector are regulated by legal provisions. Even taking into account the high competition for each client, in an effort to increase their own base, credit institutions cannot ignore the current legal norms. Carrying out operations using a card or payment details that may be classified as suspicious or violate existing rules is the basis for the application of the provisions of Federal Law No. 115, which dictate the bank’s obligation to block the account until the circumstances are clarified.
In addition, customs and tax authorities, as well as the Federal Bailiff Service, have the right to take such an initiative, provided that the entity has a debt on mandatory payments, which is the basis for prohibiting further movement of funds.
If problems arise with completing transactions, you should first find out what exactly caused the blocking - and based on this, take retaliatory measures. As a rule, it is enough to contact support.
At SEA BANK you can receive all types of bank guarantees accepted in Russian and international practice, as well as connect trade acquiring and have the opportunity to pay for goods and services with any bank cards, regardless of currency!
Personal account blocked by the bank
Combating the legalization of shadow income and providing financial assistance to terrorists are the main motives for the adoption of 115-FZ, which guides banking institutions when making decisions to stop transactions. Suspicion can be raised either by a request for a single operation or by a set of client actions. Among the common reasons, the most often indicated are:
- Periodic transfer of money to individuals.
- Withdrawal of large sums into cash without specifying purposes.
- Making transfers that do not comply with OKVED.
- Interaction with problematic counterparties.
- Balance of payments with and without taxes, as well as the absence of budget payments.
Modern control systems used by financial institutions automatically identify the reasons and grounds for blocking a current account in a legal entity's bank. The reason is the presence of formal signs, based on which the security service decides on the advisability of suspending service until the circumstances are clarified.
Typically, employees of a credit institution independently initiate a dialogue with the client, requesting a list of documents confirming the legitimacy of transactions. To eliminate problems, it is enough to provide the documentation within the allotted time frame, confirming receipt - from this moment a ten-day period begins, before the end of which the bank must consider the application and make a decision, notifying the account owner in the prescribed manner.
If it was not possible to reach a consensus and restore access, it is recommended to simultaneously contact the judicial authorities and the interdepartmental commission of the Central Bank to remove the blocking. Unlawful restriction, according to the provisions of the Civil Code, is the basis for compensation of costs incurred. It is worth noting that the right is initially on the client’s side - the responsibility of proving the validity of the reasons for which the decision to suspend operations was made rests with the financial institution.
Blocked by the Federal Tax Service
The Federal Tax Service has the right to block accounts in cases where entrepreneurs violate the established procedure for filing declarations or paying mandatory fees, including not only taxes, but also accrued fines or penalties. In accordance with the regulations, a copy of the notification is sent to the subject within one business day from the moment the decision is made.
If the documents have not been received, but the bank refers to such a resolution, it is worth checking the information through publicly available services. To find the number on the tax service website, it is enough to indicate your own TIN and BIC of the financial organization in the form of a request for current suspensions. To clarify the reasons, use the taxpayer’s personal account or an electronic reporting system, or you can visit the inspectorate in person.
Starting from April 2022, the minimum amount of debt considered as grounds for blocking is 3,000 rubles. At the same time, according to established practice, only the amount of funds sufficient for repayment is frozen - the rest of the money remains available for transactions. If the sanctions exceed the minimum required value, or even cover the entire balance, before unblocking a blocked bank account on the basis of an order from the Federal Tax Service, you should submit a corresponding application to the department. It will not be possible to obtain new details during the proceedings.
In cases where there are indeed grounds for suspending operations, to restore access it is enough to eliminate the violation and notify the tax service about it. It is recommended to personally inform the inspector, at the same time sending supporting documents - a payment receipt, a copy of the declaration, etc. According to the law, the Federal Tax Service is obliged to cancel the decision within one day from the receipt of documentation indicating that the requirements have been satisfied.
If the blocking is unfounded and subject to challenge, an objection should be filed to the head of the department, but it must be taken into account that the period allotted for consideration is 30 days. The absence of a reasoned response after their expiration is the basis for legal proceedings, as well as appeals to higher authorities. Proof of illegality, in accordance with the provisions of Article 76 of the Tax Code of the Russian Federation, allows the collection of interest from the tax authorities, calculated for the entire period.
Blocked by the Federal Bailiff Service
The presence of a debt subject to satisfaction based on the resolution issued by the FSSP is the basis for the bank to comply with the request to suspend monetary transactions. As a rule, in most cases, the debt amount is written off from the balance sheet in full, after which it is transferred to the details specified by the creditor in the application. Notification of the appeal is sent simultaneously to both the debtor and the banking organization - the latter is obliged to automatically carry out the declared write-off transaction, or, if there are insufficient funds, apply restrictions. Newly received money will be immediately redirected to repay the debt - a similar procedure is provided for by the provisions of Art. 70 FZ-229.
What to do if your bank account is closed (frozen) due to the FSSP? As a rule, to restore access it is enough that the balance corresponds to the amount of forced write-off. If the final value is higher than the stated requirement, transactions of the first, second or third priority are allowed.
In case of illegal arrest of a settlement, in order to cancel it, you will need to fill out a corresponding application addressed to the responsible bailiff. The contents indicate justified objections, as well as copies of documents confirming the correctness of the payer. If the above arguments do not satisfy the FSSP, you will have to contact the judicial authorities.
Blocked by the court
The grounds that can serve as a reason for making a decision to block include:
- A petition filed by investigators during criminal proceedings.
- The need to secure debt obligations that are the subject of a dispute.
- Evidence of the importance of applying the specified restrictive measure.
One of the difficulties in this case is that there is no obligation to inform about meetings. Often, verdicts are rendered in absentia, resulting in unexpected problems with payments and transfers. To clarify why the bank is blocking the account of an LLC, individual entrepreneur or individual, you should request the reason from the support service, specifying the details of the document stated as the basis.
In situations where we are talking about a court decision, the order of write-off does not apply - restoration of access is possible only after official cancellation, the reason for which is either fulfillment of the requirements or appeal in the prescribed manner. An application in civil and administrative cases must be submitted within fifteen days from the date of receipt of notification of the decision.
What new did the Central Bank come up with for physicists within the framework of the anti-money laundering law?
The Central Bank of Russia will begin the hunt for transfers between physical cards. persons And this could result in a new wave of blocking of card accounts in accordance with the requirements of Law 115. The point is that the financial regulator plans to apply the operating standards of its “Know Your Client” platform to record dubious, from the point of view of this law and the requirements of the Tax Code, transactions of bank clients on citizens’ accounts.
Having put its finger on (or believing that it has done so) the operations of legal entities and individual entrepreneurs, the Central Bank intends to take on transfers using the cards of ordinary citizens. Such an initiative was announced in mid-September 2022 by Ilya Yasinsky, director of the department of financial monitoring and currency control of the Bank of Russia. According to him, the Central Bank will deal with this issue over the next year or year and a half.
True, the Central Bank has long charged banks with the responsibility of monitoring transfers of individuals. persons In fact, the implementation of this control is still limited by the lack of resources among the banks themselves. It’s no joke - according to data for 2022 alone, the number of cards issued by all Russian banks exceeded 300 million.
And, besides this, the matter is stalled due to flaws in the organization of interaction between the Central Bank and other departments. After all, the tasks of the Bank of Russia do not include catching criminals or increasing tax collection to the treasury.
But the fact that in the coming years the requirements for transfers between physical cards. individuals may become stricter, this is a fact. And calls from banks asking to explain the feasibility and reasons for a particular transfer are becoming more frequent.
Which accounts and incoming funds cannot be seized?
The provisions enshrined in the third part of Article 69 of Federal Law No. 229 contain a list of conditions under which the order of the bailiffs cannot be executed. The criterion for differentiation is the legal status of the bank balance sheet in question:
- Nominal - implies that the owner and the actual recipient of the funds are different people, which excludes the application of sanctions for the debts of the first entity, and requires an appropriate court decision - if the second entity has debts.
- Collateral and clearing accounts are used to store security funds for the official obligations of the debtor.
- Trading - but not brokerage, which should be taken into account when determining the legitimacy of the seizure.
As for the collection of income, one must be guided by the provisions of 229-FZ, which provides a list of exceptions. It is important to note that in practice, bailiffs usually do not verify funds, which gives rise to precedents for unlawful restrictions.
Features of Tinkoff cards
Tinkoff Bank does not have offices or branches in the traditional sense; its employees communicate with clients via the Internet.
An application for any Tinkoff card is also submitted remotely, using the Bank’s Internet services. You can also fill out forms online, clarify all questions and confirm the operation, i.e. the Bank's consent to issue the card.
The Tinkoff Bank card is received within 2 days after the application is approved at the location chosen by the client.
After this, the cardholder immediately has the opportunity to:
- use the Internet and mobile banking, as well as SMS notifications;
- cash out at terminals of other banks;
- pay freely in regular and online stores;
- make transfers to other bank cards and accounts.
Tinkoff Bank, Lit. No. 2673
Tinkoff Black (with secure card delivery) up to 7.00% on balance, Cashback
Tinkoff Bank, Lit. No. 2673
Apply for a card
Tinkoff debit cards are available for normal payment card transactions. The best part is that many of these operations are free.
However, “many” does not mean “everyone all the time.” If there is less than 30 thousand rubles left on the card, then a fee is charged for its maintenance - from 99 rubles per month. There is also a fee for using some other services.
If the card is not used for a long time, then the overdue debts are sufficient for claims from the Bank. It is especially unpleasant that these claims are not raised immediately after the first delays appear, but later, with accrued interest.
Most often, clients tend to close their Tinkoff payment card precisely in order to avoid such a scenario.
It also happens that a user wants to block a Tinkoff debit card, rather than abandon it completely. This happens in case of theft, loss, or suspicion of unauthorized access to the card account. But blocking is not a closure, but only a temporary stop of operations.
If blocked illegally
Any suspension of transactions is a reason to contact the bank and find out the reasons. In such cases, the speed at which the problem is resolved depends on the source of the initiative. To resolve issues related to 115-FZ, it will be enough to provide documentation confirming the legality of the transactions, while the order of the FSSP, tax service or court will require more time for proceedings.
Memo
No company is immune from blocking funds in a current account. To avoid stopping your business, try to follow these recommendations:
- Do not participate in transactions with dubious companies, no matter how profitable they may be.
- Cash out as little as possible and only when absolutely necessary.
- Do not use tax evasion schemes. All transactions must be transparent and supported by the necessary package of documents.
- If a transaction is blocked, contact the bank managers and find out the basis for such actions. If you refuse, please contact the Central Bank.
- Please try to provide the requested documents as soon as possible.
- If you are unable to reach an agreement with the bank administration, consult with an experienced lawyer before going to court.
- The trial may last several months. Decide whether you can continue operating without frozen funds for that long.
- The bank may offer to close your account and transfer funds to a third party. At the same time, he will charge you a commission of 10-20% of the total amount. This may be your only option to avoid bankruptcy.
How to unblock
It is important to take into account that the powers of banking organizations are not enough to independently cancel the arrest - even in cases where the client presents documents indicating the repayment of the debt. To lift restrictions, either a court ruling confirming the incompetence of the sanctions or confirmation of satisfaction of the requirements sent by the responsible department is required.
In order to always be aware of any actions that could affect the availability of the current account, clients of SEA BANK use desktop and mobile applications. Management of settlement and cash services, mutual settlements for foreign trade activities, quick receipt of guarantees and registration of salary projects or corporate cards - all these are options available online. Saving time and money are priorities for any business, which determines the popularity of the proposed solutions.
Write-off order
When withdrawing blocked funds, it is important to consider the basic sequence that financial institutions follow when processing payment orders. If the amount on the balance covers all declared transactions, the usual calendar algorithm is applied, however, in cases where there are insufficient resources, the order is as follows:
- Orders for the payment of alimony, or compensation for harm caused.
- Executive documents on payment of severance pay, wages or royalties to authors.
- Payments for staff salaries, as well as tax orders to cover debts on fees and contributions.
- Other mandatory requirements.
- The remaining statements generated by the payer independently.
Payment of a bank loan in case of account seizure
Applying for a loan requires specifying in the agreement the details from which the loan should be written off according to the established schedule. The application of restrictions makes such an operation impossible, which is often used by unscrupulous banks as a basis for charging penalties and fines. In this case, the solution to the problem may be the client’s voluntary repayment of part of the debt, or even the entire amount, indicating sources of income that may also be subject to collection.
Another option is to use the legislative provisions enshrined in Art. 313 Civil Code. In accordance with the content of the first paragraph, the creditor is obliged to accept performance of the obligation from a third party - if the debtor has assigned the appropriate powers to it. Based on this, in order to satisfy the requirements of the contract, it is often enough to agree with another person to involve him as a contributing entity, and take care of ensuring the monthly availability of the amount required to repay the debt. The write-off is made on the basis of an application submitted in advance to the bank for consideration.
Appealing the actions of the bailiff to block the account
Unlawful restrictive measures applied against citizens and organizations that in fact are not malicious debtors, alas, are not uncommon. If there is no proper response from the FSSP to the submitted application, all that remains is to turn to the regulations that allow you to appeal the decision. Information is transmitted both through the hierarchy within the department - usually to a senior employee, who is subordinate to the culprit of the problem, and to the judicial authorities. The claim is sent to the location of the Federal Service within ten days from the receipt of notification of the arrest.
On what basis are accounts blocked?
The account of an LLC or individual entrepreneur can be blocked for several reasons:
- non-payment of taxes;
- violation of reporting or declaration deadlines;
- loss of submitted reports by regulatory authorities;
- discrepancy between the actual address of the legal entity and that indicated in the documents;
- carrying out suspicious transactions within the framework of 115-F3.
The Bank prefers to make reference to the last point. To block accounts, he is guided by the “Methodological recommendations of the Central Bank of the Russian Federation dated July 21, 2022 No. 18-MR” and other materials. Their goal is to assist in identifying dubious transactions. In particular, operations involving the legalization of proceeds from crime or the financing of terrorism.
These documents specify a large number of criteria. However, it is more profitable for financial companies to consider this issue unilaterally. That is, focus on the recommendation of the Central Bank of the Russian Federation to focus on clients who either do not pay taxes or pay, but not completely. Banks are asked to start from a value of about 0.9% of the debit turnover on the account.
Tinkoff takes advantage of this opportunity, ignoring other recommendations. They indicate that this criterion should not be the only one for evaluation.
