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John decided to open a cardable or scam shop. He tried to send money to an Indian partner, but the bank did not carry out the operation and blocked John's card. We will tell you why the bank can refuse to execute the transaction, block remote access to the account and the account itself, and how to act in such a situation.
Blocking an account when customers completely lose access to their money is a last resort. Banks only use it against terrorists and extremists.
But entrepreneurs may find themselves in a more common situation where the bank stops all payments except for mandatory ones - for example, paying off taxes. As soon as the debt, due to which the transfers were blocked, is closed, any transactions will again become available to you.
Also, the bank may restrict remote banking services (RBS). At the same time, the account itself continues to work and the client can dispose of his money. True, you can make a payment or transfer only at the bank's office.
In what cases can banks refuse to carry out operations and disable RBS?
Banks compete with each other for clients. It is in their interests to serve entrepreneurs as quickly as possible and not create problems for their business. But in some cases, financial institutions are required to suspend transactions, refuse to conduct a transaction, or restrict remote access to an account. Let's figure out in what cases this happens.
1. Fraud protection
Each bank has criteria for suspicious transactions. For example, a transfer to an unusually large amount (by the standards of your business) or to an unusual counterparty (such as a foreign company) could be cyber fraud. In this case, the bank suspends the transaction for up to 48 hours and contacts the account holder to confirm or cancel the payment. If the transfer goes through the card, it will also be temporarily blocked.
What to do? If the payment is made by you, and not by fraudsters, you can do nothing. After 48 hours, the card is automatically unblocked, and the operation will pass. But it is better to immediately contact the bank, clarify the reason for stopping the operation and confirm the transaction. You can read more about how banks protect clients from cyber thieves in the article “My card is blocked. What to do?".
2.Failure to pay taxes
This is a common reason why entrepreneurs face temporary account blocking. By order of the tax office, the bank can suspend all transactions on all accounts.
Usually, the reasons for such actions lie in the fact that you did not file your tax return on time or did not pay taxes. In any case, the tax office is obliged to inform you in advance why it is going to suspend operations on your accounts. The decision is handed in personally against receipt or sent to your personal account on the website of the Federal Tax Service.
What to do? If you did not receive the decision of the tax inspector, and the bank says that it acted on the orders of the Federal Tax Service, then first of all you need to find out in the tax the reason for blocking the account. Then it is worth eliminating the violation as soon as possible: submit a declaration, pay taxes. Tax payments can even be made from a frozen account. After that, submit to the Federal Tax Service documents that confirm that the violation has been eliminated.
Within one or two days, the tax office will cancel the decision to suspend operations and inform the bank about it. The bank will immediately give you full access to your account.
3. Suspicion of money laundering
According to Law, banks are obliged to oppose money laundering and terrorist financing. If the bank sees signs of a possible violation of the law, it will not carry out the operation and will ask the client for an explanation.
Natalia faced just such a situation. The bank saw a transfer for a large amount abroad, but the payment order did not indicate to whom, for what and on what documents the payment was being made. According to the bank's criteria, such an operation falls into the category of dubious - possibly violating the law.
Banks often refuse to conduct a transaction if a client withdraws large amounts from accounts immediately after they are credited. Or if the transaction is out of the ordinary transactions of the client, and the purpose of the payment does not correspond to the activities of the company.
The bank can also restrict access to a remote personal account and mobile application. You will be able to view account information, but you will lose the ability to conduct transactions remotely. In addition, the bank can block a corporate card that is linked to your current account.
What to do? The most important rule is to be prepared for open dialogue. If the bank asks you for additional information and documents that confirm the economic sense and legality of the transaction, try to provide them.
The bank will set a deadline within which you must provide the data. He has the right to invite you to a meeting. Or a bank employee can come to your office or company.
Then the bank analyzes the information received. If the situation clears up and the bank no longer has grounds to suspect you of dishonesty, the money will be transferred to the recipient.
Otherwise, the bank will not only fail to carry out the operation, but may also restrict remote service. And if the bank refuses to carry out the operation twice within a year, then it has the right to stop serving you altogether and terminate the bank account agreement.
The bank will transfer information about the refusal to carry out the operation or closing the account to the Federal Service for Financial Monitoring. They collect information from all financial institutions and form a single database on cases of refusal to people and companies that allegedly violate the law. This database is also commonly called the "black list" or "list of refuseniks.
Then the Bank of Russia sends information about the refusals to all banks and financial institutions.
This does not mean that a person or company that is included in this list will receive a "black label" and will be automatically denied everywhere. But financial institutions will definitely pay more attention to such a client: additional questions may arise about the economic meaning of his operations. In the most extreme case, this can lead to denial of service.
The bank did not ask for any clarification, but the operation was not completed. What to do?
It happens that the bank does not warn the client about its suspicions, but immediately refuses to carry out the operation and transfers the information to Rosfinmonitoring. In this case, the bank is obliged to inform you of the reasons for the refusal within 5 days.
If it turns out that you are suspected of violating the law and the bank has not asked you for any clarification about the operation, write a statement stating that there are no grounds for refusal. It is better to immediately attach to the application documents that confirm the economic meaning of the operation. After that, the bank will either reconsider its decision or request additional information.
When you provide it, there are two possible scenarios:
1. The bank will make sure that the transaction does not violate the law.
He will conduct a transaction, send new data to Rosfinmonitoring, and the latter will remove information about you from the "list of refuseniks".
2. Your reasons will not convince the bank.
The bank will send you an answer that it is impossible to reconsider the decision to refuse.
The bank is obliged to consider additional documents and other information that you provide, and give an answer within 7 working days. If your arguments convince the bank to reconsider the decision, it will report this within a day.
If the refusal remains in force, you can seek help from the Interdepartmental Commission (IAC) at the Bank, which considers disputed cases.
How to get out of the "black list"?
On the regulator's website, you can see the procedure for submitting documents, a list of required papers and terms for considering an application.
An application to the interdepartmental commission can be submitted through the Internet reception of the Bank. To it you need to attach the bank's answer about the impossibility to reconsider the decision to refuse and the same documents that you sent to the bank.
For example, it could be an agreement with the counterparty to whom you wanted to transfer money, along with all attachments and additional agreements. Or similar agreements with other partners, a description of your business model and work scheme.
The commission considers the appeal within 20 working days.
If it turns out that the bank has refused you unlawfully, then will make a decision in your favor and inform the bank about it. He must notify about this within one day. The latter will exclude information about your refusal from its database and send the updated list of refusals to the Bank. The regulator will send it to all banks and financial institutions.
At the same time, you will receive a message about the decision of the commission. If took your side, you can contact the bank again and demand to conduct a transaction or open an account. The bank is obliged to fulfill your order.
But if the bank discovers new signs that you have violated the law, it may refuse you again. And you will have to re-submit an appeal first to the bank, and if it does not reconsider its decision.
If the commission decides that the bank was right, try to find new evidence of the economic meaning of your operation. With these additional documents, you can go to the bank again or appeal the bank's actions in court. It is impossible to apply to again for the same refusal.
In what other cases can you contact the interdepartmental commission?
The interdepartmental commission can be contacted when the bank refuses to open an account or deposit for a new client on the basis of the law. In such cases, banks also transfer information and the data is included in a single list of refusals.
But if the bank has restricted your remote access to your account, but does not refuse to serve you in the office, the commission does not consider such cases.
Several banks at once refused to open an account for me. Is it possible to solve the problem with the help?
The IAC considers only cases of denial. Therefore, first you need to find out has data about you. And if there is, which bank sent them.
To find out, send an application to the Bank with a request to provide you with such information. The easiest way to submit a request is through the Internet reception, but you can also send a regular letter to the official address of the Bank.
If banks refuse you as an individual or individual entrepreneur, attach a copy or scan of your passport to your application.
If the company is refused, indicate its name, TIN, date and place of state registration. The application must be drawn up on a letterhead (if any), and must be signed by the head of the organization or another authorized person. In addition to a copy of this person's passport, documents will be required that confirm his authority. If you are applying online, please attach scans of all of these papers.
How to avoid bank rejections and blacklisting?
In order not to arouse suspicion among banks and reduce the risk of refusals, it is worth following a few simple recommendations:
Blocking an account when customers completely lose access to their money is a last resort. Banks only use it against terrorists and extremists.
But entrepreneurs may find themselves in a more common situation where the bank stops all payments except for mandatory ones - for example, paying off taxes. As soon as the debt, due to which the transfers were blocked, is closed, any transactions will again become available to you.
Also, the bank may restrict remote banking services (RBS). At the same time, the account itself continues to work and the client can dispose of his money. True, you can make a payment or transfer only at the bank's office.
In what cases can banks refuse to carry out operations and disable RBS?
Banks compete with each other for clients. It is in their interests to serve entrepreneurs as quickly as possible and not create problems for their business. But in some cases, financial institutions are required to suspend transactions, refuse to conduct a transaction, or restrict remote access to an account. Let's figure out in what cases this happens.
1. Fraud protection
Each bank has criteria for suspicious transactions. For example, a transfer to an unusually large amount (by the standards of your business) or to an unusual counterparty (such as a foreign company) could be cyber fraud. In this case, the bank suspends the transaction for up to 48 hours and contacts the account holder to confirm or cancel the payment. If the transfer goes through the card, it will also be temporarily blocked.
What to do? If the payment is made by you, and not by fraudsters, you can do nothing. After 48 hours, the card is automatically unblocked, and the operation will pass. But it is better to immediately contact the bank, clarify the reason for stopping the operation and confirm the transaction. You can read more about how banks protect clients from cyber thieves in the article “My card is blocked. What to do?".
2.Failure to pay taxes
This is a common reason why entrepreneurs face temporary account blocking. By order of the tax office, the bank can suspend all transactions on all accounts.
Usually, the reasons for such actions lie in the fact that you did not file your tax return on time or did not pay taxes. In any case, the tax office is obliged to inform you in advance why it is going to suspend operations on your accounts. The decision is handed in personally against receipt or sent to your personal account on the website of the Federal Tax Service.
What to do? If you did not receive the decision of the tax inspector, and the bank says that it acted on the orders of the Federal Tax Service, then first of all you need to find out in the tax the reason for blocking the account. Then it is worth eliminating the violation as soon as possible: submit a declaration, pay taxes. Tax payments can even be made from a frozen account. After that, submit to the Federal Tax Service documents that confirm that the violation has been eliminated.
Within one or two days, the tax office will cancel the decision to suspend operations and inform the bank about it. The bank will immediately give you full access to your account.
3. Suspicion of money laundering
According to Law, banks are obliged to oppose money laundering and terrorist financing. If the bank sees signs of a possible violation of the law, it will not carry out the operation and will ask the client for an explanation.
Natalia faced just such a situation. The bank saw a transfer for a large amount abroad, but the payment order did not indicate to whom, for what and on what documents the payment was being made. According to the bank's criteria, such an operation falls into the category of dubious - possibly violating the law.
Banks often refuse to conduct a transaction if a client withdraws large amounts from accounts immediately after they are credited. Or if the transaction is out of the ordinary transactions of the client, and the purpose of the payment does not correspond to the activities of the company.
The bank can also restrict access to a remote personal account and mobile application. You will be able to view account information, but you will lose the ability to conduct transactions remotely. In addition, the bank can block a corporate card that is linked to your current account.
What to do? The most important rule is to be prepared for open dialogue. If the bank asks you for additional information and documents that confirm the economic sense and legality of the transaction, try to provide them.
The bank will set a deadline within which you must provide the data. He has the right to invite you to a meeting. Or a bank employee can come to your office or company.
Then the bank analyzes the information received. If the situation clears up and the bank no longer has grounds to suspect you of dishonesty, the money will be transferred to the recipient.
Otherwise, the bank will not only fail to carry out the operation, but may also restrict remote service. And if the bank refuses to carry out the operation twice within a year, then it has the right to stop serving you altogether and terminate the bank account agreement.
The bank will transfer information about the refusal to carry out the operation or closing the account to the Federal Service for Financial Monitoring. They collect information from all financial institutions and form a single database on cases of refusal to people and companies that allegedly violate the law. This database is also commonly called the "black list" or "list of refuseniks.
Then the Bank of Russia sends information about the refusals to all banks and financial institutions.
This does not mean that a person or company that is included in this list will receive a "black label" and will be automatically denied everywhere. But financial institutions will definitely pay more attention to such a client: additional questions may arise about the economic meaning of his operations. In the most extreme case, this can lead to denial of service.
The bank did not ask for any clarification, but the operation was not completed. What to do?
It happens that the bank does not warn the client about its suspicions, but immediately refuses to carry out the operation and transfers the information to Rosfinmonitoring. In this case, the bank is obliged to inform you of the reasons for the refusal within 5 days.
If it turns out that you are suspected of violating the law and the bank has not asked you for any clarification about the operation, write a statement stating that there are no grounds for refusal. It is better to immediately attach to the application documents that confirm the economic meaning of the operation. After that, the bank will either reconsider its decision or request additional information.
When you provide it, there are two possible scenarios:
1. The bank will make sure that the transaction does not violate the law.
He will conduct a transaction, send new data to Rosfinmonitoring, and the latter will remove information about you from the "list of refuseniks".
2. Your reasons will not convince the bank.
The bank will send you an answer that it is impossible to reconsider the decision to refuse.
The bank is obliged to consider additional documents and other information that you provide, and give an answer within 7 working days. If your arguments convince the bank to reconsider the decision, it will report this within a day.
If the refusal remains in force, you can seek help from the Interdepartmental Commission (IAC) at the Bank, which considers disputed cases.
How to get out of the "black list"?
On the regulator's website, you can see the procedure for submitting documents, a list of required papers and terms for considering an application.
An application to the interdepartmental commission can be submitted through the Internet reception of the Bank. To it you need to attach the bank's answer about the impossibility to reconsider the decision to refuse and the same documents that you sent to the bank.
For example, it could be an agreement with the counterparty to whom you wanted to transfer money, along with all attachments and additional agreements. Or similar agreements with other partners, a description of your business model and work scheme.
The commission considers the appeal within 20 working days.
If it turns out that the bank has refused you unlawfully, then will make a decision in your favor and inform the bank about it. He must notify about this within one day. The latter will exclude information about your refusal from its database and send the updated list of refusals to the Bank. The regulator will send it to all banks and financial institutions.
At the same time, you will receive a message about the decision of the commission. If took your side, you can contact the bank again and demand to conduct a transaction or open an account. The bank is obliged to fulfill your order.
But if the bank discovers new signs that you have violated the law, it may refuse you again. And you will have to re-submit an appeal first to the bank, and if it does not reconsider its decision.
If the commission decides that the bank was right, try to find new evidence of the economic meaning of your operation. With these additional documents, you can go to the bank again or appeal the bank's actions in court. It is impossible to apply to again for the same refusal.
In what other cases can you contact the interdepartmental commission?
The interdepartmental commission can be contacted when the bank refuses to open an account or deposit for a new client on the basis of the law. In such cases, banks also transfer information and the data is included in a single list of refusals.
But if the bank has restricted your remote access to your account, but does not refuse to serve you in the office, the commission does not consider such cases.
Several banks at once refused to open an account for me. Is it possible to solve the problem with the help?
The IAC considers only cases of denial. Therefore, first you need to find out has data about you. And if there is, which bank sent them.
To find out, send an application to the Bank with a request to provide you with such information. The easiest way to submit a request is through the Internet reception, but you can also send a regular letter to the official address of the Bank.
If banks refuse you as an individual or individual entrepreneur, attach a copy or scan of your passport to your application.
If the company is refused, indicate its name, TIN, date and place of state registration. The application must be drawn up on a letterhead (if any), and must be signed by the head of the organization or another authorized person. In addition to a copy of this person's passport, documents will be required that confirm his authority. If you are applying online, please attach scans of all of these papers.
How to avoid bank rejections and blacklisting?
In order not to arouse suspicion among banks and reduce the risk of refusals, it is worth following a few simple recommendations:
- Promptly inform the bank about all changes. For example, founders, director, and address of actual business have changed. In addition, if you decide to change your legal status from an individual entrepreneur to a self-employed, do not forget to immediately inform the bank about it.
- Do not split your business into many different firms and individual entrepreneurs. Some entrepreneurs believe that it is more convenient and more profitable to distribute functions between different legal entities: one company has a staff, another makes purchases, a third holds contracts, a fourth sells something, and so on. For tax purposes, splitting a business is a signal that an entrepreneur wants to artificially lower the size of the tax base, as well as an allusion to possible tax crimes. And tax violations are one of the signs of a possible violation of the law.
- Disclose complete information. Payment documents must be filled out in great detail. Be sure to indicate the purpose of the payment - not just "for invoice / agreement No. ...", but specifically: for what types of goods, works or services, under which agreement you are making calculations, whether there is VAT or not. And ask your counterparties about the same.
- All services and taxes related to business must be paid from the current account. This will show that the company is not a fly-by-night and not a dummy legal entity, but a really operating organization with a transparent business. You should not pay with counterparties using personal cards linked to your private accounts. Otherwise, I can suspect you of trying to hide some of the operations from control.
