Detailed advice about banks - all articles. Memo to the consumer when receiving a loan from a bank

If you work with financial institutions, are constantly studying and are forced to regularly take out loans or make deposits to support your own professional activities, you need to know what regulations such organizations are guided by.

The main one for them is the law on banks and banking activities. Let's get acquainted with it in detail so that you can operate this document not only to work more effectively with banks, but also to successfully resolve various controversial issues that, of course, may arise when collaborating with such financial institutions.

The main document that regulates the creation and activities of banks and other credit organizations in the Russian Federation is the Federal Law on Banks and Banking Activities, which is usually abbreviated as the Federal Law on Banks.

More information about the Federal Law on banks

The regulatory document consists of 7 chapters and 43 articles, which define the following key aspects of the activities of credit institutions:

Chapter I – general provisions and structure of banking activities, basic.

Chapter II – the procedure for registering banks, as well as licensing their activities, stages of creating representative offices and branches. Issues of license revocation and bank bankruptcy are also discussed here (see Articles No. 20-23).

Chapter III – basic provisions relating to banking reliability and stability, including issues of protecting the rights of depositors, the concept of bank secrecy and standards for banks’ activities, determined by.

Chapter IV - the procedure for carrying out banking operations, customer service, interbank transactions, principles for setting interest rates on loans and deposits, commissions on other bank operations.

Chapter V – the procedure and rules for creating banks of subsidiaries and representative offices abroad.

Chapter VI – the procedure for servicing deposits of individuals, including the system of voluntary and compulsory insurance.

Chapter VII – accounting, reporting and audits in credit institutions, incl. nuances of accounting in banking groups and holdings.

The last part of the document is almost entirely devoted to the issues of accounting for such organizations, as well as the preparation of detailed reports for them.

It will be of interest, of course, not only for those who themselves work in this system or are just planning to start their own activities in this field, but also for those who are served by similar organizations as clients.

The latter will be able to use this material to clarify how banks are monitored, where you can turn for advice if you suspect that there is one in your region, and how to interpret for yourself certain data from reports on the activities of each specific institution operating in this particular area.

Other laws on banking activities in the Russian Federation

In addition to the Federal Law on banks, credit organizations, when carrying out their activities, are also guided by a number of other regulatory documents:

Federal Law No. 86 “On the Central Bank of the Russian Federation” dated July 10, 2002,
Law “On the National Payment System”,
Law “On Deposit Insurance”,
Laws relating to foreign exchange regulation
The Law “On Credit Histories”, which addresses issues such as “banks with bad credit history”,
The Law “On Mortgage” or in other words, on the pledge of real estate,
Law on combating the financing of terrorism, as well as money laundering, etc.

What points should those who work with banks pay special attention to?

It is important for individuals, as well as entrepreneurs, to know this regulatory document in its entirety, since it has a lot of nuances. But if you don’t yet have the opportunity to familiarize yourself with it in detail, or you are interested in individual topics regarding contributions or parameters by which you can select, for example, it will be enough to study the support points. For many these will be:

Article 36. Reveals in the most detail the deposits of individuals, the rules for determining dates for such deposits, as well as the resolution of various issues related to them, arising, for example, during a merger of banks.

Article 27. Describes cases in which property that was provided by you as collateral by a credit institution may be seized.

Article 30. Describes the relationship between the Bank of Russia and credit institutions. It indicates exactly what data should be provided under agreements with the bank (for the same loans), where responsibility for failure to agree should be stated, as well as who provides information to create a credit history, as well as how exactly the client can get acquainted with it .

Other parts of the document are requested by private individuals less frequently. However, they also contain many provisions that are important to you.

According to the law, the bank is obliged to guarantee its clients the secrecy of bank accounts, deposits, loans and any transactions on them.

Issues discussed in the material:

Is banking secrecy violated when transmitting information to collectors?
What is the liability for violating bank secrecy?

What is bank secrecy? Federal Law N 395-I “On banks and banking activities”

Bank secrecy is information about the client that the bank does not have the right to transfer to third parties. In this article we will talk in detail about information that constitutes banking secrecy and in what situations they can be disclosed to the competent authorities. In accordance with Article No. 26 of the Federal Law of December 2, 1990 N 395-I “On Banks and Banking Activities,” bank secrecy includes information about accounts, deposits and transactions of clients and correspondents of banks and other credit organizations.

The concept of bank secrecy implies information at the disposal of a credit institution and which can be disclosed to third parties only in exceptional cases established by Federal Law No. 395-I “On Banks and Banking Activities”. The task of any bank is to maintain the confidentiality of client information. It should be understood that the leak of information, for example, about the amount of savings on deposits, can cause significant consequences, in particular, criminal prosecution of the deposit owner for the purpose of profit or blackmail. In Russian legislation, there are two main documents that enshrine the concept of bank secrecy and the information that forms it:

Federal Law N 395-I “On Banks and Banking Activities”
Civil Code of the Russian Federation

If we analyze these regulatory documents, we can determine that the information constituting bank secrecy includes the following information:

Passport data of bank clients (for individuals);
Bank details of the organization (for legal entities);
Client information about property availability and income level;
The fact of opening an account (accounts), its number and date of opening, type of account, account currency;
The fact of the presence of funds in the account (money, unallocated metal accounts), amount, interest on the deposit, term of the agreement;
The existence of a loan, terms of repayment and receipt, interest rate on the loan;
Movement of funds in accounts and deposits. Such information includes replenishing a deposit, withdrawing money, transferring to your own accounts or the accounts of other persons.

In short, banking secrecy is any information about bank clients and the transactions they make with their accounts.

Disclosure of bank secrecy about legal entities

Separately, it is worth considering the issue of protecting bank secrecy and the information that constitutes it in relation to legal entities. Legislative norms on bank secrecy have a number of exceptions and, first of all, this is due to the fact that government agencies will not be able to carry out their work of control and financial monitoring to the required extent due to the lack of information about the availability and flow of funds in the accounts of organizations and enterprises, and the amounts As is known, there is orders of magnitude more money there than in the accounts of individuals. For this reason, in certain cases (strictly prescribed in Federal Law N 395-I and the Civil Code of the Russian Federation), a banking organization is obliged to report information constituting bank secrecy at the request of an authorized body, and sometimes without a request automatically, especially with regard to suspicious transactions and cash movements. funds from legal entities' accounts.

In particular, statements of accounts of individual entrepreneurs and legal entities are provided by the bank based on requests from the following government services and structures:

Courts;
Tax Inspectorate;
Rosfinmonitoring;
Accounts Chamber of the Russian Federation;
Federal Bailiff Service (FSSP);
Customs Service;
Pension Fund of Russia (PFR);
Social Insurance Fund of the Russian Federation (FSS);
Ministry of Internal Affairs (in the investigation of tax crimes).
Investigative bodies (four departments of the Ministry of Internal Affairs, SKP, FSB, FSKN).

In addition to account statements, banks are required to provide tax services with information about the opening or closing of deposits of individual entrepreneurs and legal entities; banks are also required to inform in the event of a change in the details of deposits of organizations or individual entrepreneurs.

According to the law, the Central Bank of Russia has the right to receive information constituting bank secrecy about legal entities from credit institutions.

Abolition of bank secrecy, economic news:

There are also non-governmental organizations that have the right to obtain data that constitute banking secrecy, for example, the credit history bureau (BKI). But there is one “but” here - information about banking transactions can be transferred to this organization only with the consent of the client (as a rule, this condition is specified in the agreement with the bank).

Disclosure of bank secrecy about individuals

To whom can the bank disclose information constituting bank secrecy about citizens' accounts? The following services and government agencies have the right to request information that constitutes banking secrecy about individuals from a credit institution:

Bailiffs Service;
Central Bank of the Russian Federation;
Deposit Insurance Agency;
Investigative authorities.

No credit organization has the right to refuse to disclose bank secrets about individuals to the above-mentioned government services and structures.

Separately, it is worth noting the case of the death of a bank client; in such a situation, the credit institution needs to inform persons associated with the former client (for example, heirs) and provide them with information that constitutes the citizen’s banking secret. Such information may include information about deposits and current bank accounts of the deceased. In such situations, banks apply the following rules:

If the client has not drawn up a testamentary disposition during his lifetime, then information about his bank accounts will be transferred to a notary who has opened an inheritance case in connection with the death of this person.
If the client has made a testamentary disposition regarding his bank savings during his lifetime (drawn up and executed directly at the bank branch without the need to notarize), then the bank secret will be disclosed to the heirs whom the citizen indicated in the decree document.

Currently, the Federal Tax Service has the right to request information from banks about the closure or opening of deposits and accounts of citizens. An important point: a particular tax office (IFTS) has the right to request information about an individual that constitutes a banking secret only when such a request is agreed upon with a higher tax authority.

As for the credit history bureau, information about the banking transactions of an individual, which constitutes a banking secret, can be transferred to the BKI only with the consent of the citizen. In most cases, when signing a banking service agreement with a client, it contains a clause stating that the citizen is not against providing some information that is a bank secret to the credit history bureau.

Is banking secrecy violated if information is transferred to a collection agency?

From the current judicial practice it is clear that banking structures have the right to transfer debts on loans of their clients to collection firms. But such actions can only be carried out if a number of conditions are met:

The debt is transferred by drawing up an agreement on the assignment of the right of claim. In this case, all provisions of the Civil Code of Russia on the assignment agreement must be observed.
If the borrower of the loan is an individual, then the sale of debt to collection companies (that do not have one) is possible only if this is stipulated in the loan agreement signed by the borrower client.
If a citizen’s debt is recognized by the court and a writ of execution is issued to the creditor, it can be transferred to any third party, even if the debtor did not consent to such transfer. (Definition of the Supreme Court No. 89-KG15-5 dated 07/07/2015).

Therefore, if the above conditions are met, in the case of transferring and providing her with information about the debtor, such actions do not constitute a violation of a citizen’s bank secrecy.

However, collection agency employees, like bank employees, are required to comply with measures to protect information that is a bank secret from unauthorized persons.

What is the liability for violating bank secrecy? Art. 183 of the Criminal Code of the Russian Federation

Information constituting banking secrecy is protected by law, therefore authorized persons are obliged to maintain banking secrecy of clients. For the disclosure of such information, the legislation of the Russian Federation provides for liability, even criminal liability!

If an employee of a credit institution violates bank secrecy, the client has every right to demand compensation for the damage caused to him. However, the victim of the disclosure of his bank secrets by negligent employees of the credit institution is obliged to prove the fact of causing losses and their amount. Practice shows that this is associated with certain difficulties.

Criminal Code of the Russian Federation in Art. 183. “Illegal receipt and disclosure of information constituting commercial, tax or banking secrets” determines that, depending on the severity of the consequences of disclosing information containing banking secrets, the following types of punishment may be imposed on the perpetrator:

A fine of up to 1,500,000 rubles or in the amount of wages or other income of the convicted person for a period of up to three years;
Deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years;
Forced labor for up to five years;
Imprisonment for up to 7 years.

Article 183 of the Criminal Code of the Russian Federation applies not only to employees of banking organizations; it can also be applied to other persons who had access to information constituting bank secrecy and violated it.

Liability is also provided for persons who illegally collect information constituting commercial, tax or banking secrets by stealing documents, bribery or threats, as well as in other illegal ways.

This was stated by Deputy Director of the Department of Financial Monitoring and Currency Control of the Bank of Russia Ilya Yasinsky, speaking on March 25, 2016 at the XVIII All-Russian Banking Conference “Russian Banking System - 2016: Practical Issues of Supervision and Regulation.”

34 banks out of 93 that lost their licenses in 2015 had their right to operate revoked due to inadequate controls on money laundering

The most radical method that the Central Bank resorts to is the revocation of licenses. 34 banks out of 93 that lost their licenses in 2015 had their right to operate revoked due to inadequate controls on money laundering.

The second method of working with guilty banks is to introduce radical restrictions on transactions and limits on amounts for the bank. Typically this restriction is imposed for six months. The third method is to exclude the bank from the deposit insurance system (DIS). And the fourth method - the bank proves to the Central Bank that its clients are law-abiding and conduct real business activities.

Banks have the right, even if there are suspicions of “laundering,” to refuse clients to open an account and conduct transactions

The Central Bank is providing additional information to banks about those clients who are found to be carrying out questionable transactions, Yasinsky noted. Now banks have the right, even if there are suspicions of “laundering,” to refuse to open an account and conduct transactions for clients, as well as to terminate the service agreement. The two and a half years that have passed since the introduction of this right have led to banks actively using these options. But as a result of such refusals, “migrating” clients arose who wander from bank to bank.

There is a risk that enterprises will re-register in order to hide their type of activity and beneficiaries

Therefore, information about refuseniks should be available to all banks, Yasinsky is sure. True, the Bank of Russia specialist added, there is a risk that enterprises will actively re-register in order to hide their type of activity and beneficiaries. True, financial intelligence promised that it would respond to requests from banks about whether this or that client is in the dubious database, although it has not yet responded, Yasinsky complained.

About the liquidity surplus in banks, easing on foreign currency loans, about the reasons why the Central Bank may raise the key rate, and about what a “moderately tight” monetary policy is, which was also discussed by the head of the Bank of Russia, Elvira Nabiullina, speaking at press conference following the meeting of the board of directors.

In addition, the tools that banks can use to request documentation about the sources of funds and property will continue to expand. Credit institutions acquired this right at the end of 2015, and it is largely related to the topic of capital amnesty. But, as Yasinsky reminded, the very topic of capital amnesty should be carried out on such conditions that no one could ever ask where a person or company got their capital in the first place. Otherwise, no amnesty will work.

The amnesty does not apply to funds whose origin is criminal or related to the slave trade, arms and drug trafficking, or the financing of terrorism.

But the radical position of the FATF, the global organization for combating proceeds of crime, is that the amnesty does not apply to funds whose origin is criminal, or related to the slave trade, arms and drug trafficking, or the financing of terrorism. Therefore, Rosfinmonitoring and the Bank of Russia find themselves in a difficult situation and do not yet require banks to inquire in detail from their clients where they got the funds from.

But the capital amnesty has been extended until June 1, 2016. After this date, banks will have the right not to hesitate to request documents from their clients about the origin of their funds, the Central Bank official noted.

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- List of banks and interest
3. Tips for getting a loan with a bad history
6. Earn money by taking out a bank loan

Everyone knows that if a person has poorly established himself as a conscientious loan payer, sooner or later he will have to face a refusal to issue a loan or a loan from banks. Several ways will help you cope with this difficult task, which you can learn about in this article, one of which is banks that do not check the credit history of their clients. However, there are other ways out of this situation.

1. Check your credit history

Of course, the best way is to pay off outstanding loans as quickly as possible and turn to banks that are less strict about the client’s “past” or completely turn a blind eye to these aspects.

Almost all financial institutions began checking credit histories only in 2008. Previously, banks gave loans to almost everyone and they were not afraid of the possibility of not repaying the loans on time. But, as you might have guessed, at this time there were a lot of scammers who took out loans and disappeared.

Banks began to suffer large losses, which forced them to think about checking the credit histories of clients to whom loans were issued, which over time eased the situation somewhat.

In order to reduce the risk of non-payment of loans, the Credit History Bureau was created. There is a case-story of every citizen who took out a loan at least once in his life. The shelf life of the file is about 15 years.

What kind of credit history is there - excellent, very good, good, average, "poor"

The main parameters that guide the Credit History Bureau:

Gross violation. Partial or complete non-repayment of the loan.
Average violation. Systematic delay in payments.
Norm. Short-term delay in payments (up to 5 days).

Any person can be susceptible to such violations. And there are many reasons for late payment. There is also simple inattention, for example, the payer has not read the agreement well or deposits money into the wrong account. Or tragic coincidences.

There are also frequent cases of technical problems when money arrives much later than the appointed day. In addition, the bank may not immediately notice the delay and notify the client already too late.

It happens that a person thinks that he has closed his loan, and a few pennies turn into significant amounts over the years. To prevent this from happening with money matters, you need to be extremely careful and remember that you will still have to pay the bank.

As for the best way out of this situation, this is, of course, to pay off outstanding loans as quickly as possible and turn to banks that are more loyal to the client’s “past” or completely turn a blind eye to these aspects.

We recommend reading -

It will be extremely problematic to take out a loan if you have had items in your credit history such as conflicts with the bank and the bank security service. If the matter came to court or agencies for collecting loans - debt obligations, then your affairs are very bad.

For banks that provide loans to their clients with a less-than-ideal (“damaged”) credit history, several points that you must comply with are fundamentally important.

Repayment of all loans (no one will go into details, the fact of repayment is important);
Cooperation with banks is welcome (friendly). You cannot hide and not answer calls from the bank, this only makes the situation worse. It will also be a plus if you actively participated in solving the problem;
If problems arose for valid reasons, then what corrective measures were taken by you and whether solutions were found when repaying the loan and closing it;

2. Which banks in our country do not check credit history?

You need to immediately understand that there are no banks that do not check your credit history as a borrower. Almost all credit institutions do all this. Now we will talk about banks that are not so critical of this when making a decision on issuing a loan or credit.

The most loyal banks in this regard at the moment are young banks that pursue a policy of attracting clients. Therefore, you need to first of all pay your attention to them.

Other banks can also meet you halfway, but you just need to be prepared for the fact that the bank will issue you a loan at increased interest rates and strict conditions in order to reduce its risk from cooperation with you to a minimum.

To correct a bad impression at the bank, you need, at a minimum, to thoroughly familiarize yourself with the agreement and weigh the pros and cons of this decision. If you still firmly decide not to deviate from your intended goal, then here are a few banks that are likely to cooperate with you.

List of banks that do not check credit history. Read the agreement carefully before receiving a loan!

List of banks and interest

Home Credit Bank;
Probusinessbank;
Get Money bank;
Binbank;
Russian Standard Bank;
TKS Bank;
Baltinvestbank;
Avangard Bank;

I would like to separately consider two banks:

Bank Renaissance Credit. You can get a loan from this bank from 30,000 to 500,000 rubles. and more The interest rate is 19.9%, which is very good if you have a bad credit history. Repayment terms range from 6 to 45 months (it all depends on the economic situation, so find out more from the banks themselves). A loan can be issued based on two documents.
Sovcombank. Issues loans in cash, and often to persons who have a bad credit history. All applications are considered, as a rule, within 5 minutes online. The maximum loan amount is 750,000 rubles.

It should be noted that the list of such banks is systematically updated, but you are already familiar with the main characteristics of these banks.

As for VTB24 and Sberbank (About lending in Sberbank secured by real estate), if you have long delays in payments (more than 180 days), the likelihood that such banks will approve a new loan or loan is very small.

You also need to understand that the interest at which the bank will give you a loan, in your case, will be very high - up to 20-30% per annum.

Remember that a bank is not the last financial (credit) institution where you can get money. Now there are a lot of different organizations that can provide microloans.

Leave applications to several banks, because... Getting to the right one right away can be problematic. Typically, banks create reserves in case borrowers fail to fulfill their obligations, so they may agree to issue funds to several “problem” clients.
If the bank has already refused you, send your request again - they may reconsider the decision.
Full repayment of previous loans. This condition is mandatory when obtaining a new loan. Ideally, you should have no debts on loans and credits, as well as debts on utilities, taxes and alimony.
Evidence of your integrity. You can take out a small loan first and pay it off quickly. According to Russian law, you can do this the very next day.
Secured loan. Some banks may offer you a loan secured by your real estate or guarantee. This service will cost you much more. The cost of services of a real estate appraiser, insurance, etc. will be taken into account.

Banks struggling to survive

2018 and 2019 have been and will be difficult for many. The crisis did not spare banks either. And if for large banks with millions of clients this period went almost unnoticed, then for their less popular colleagues it was a difficult time. Now some banks hold on to each borrower, so they can be more understanding of your situation. Of course, the interest rates will be high, but you will be able to get the money. Here are some of them.

Tinkoff ALL Airlines Tinkoff. Credit Systems.

The amount that the bank can issue is 700,000 rubles. Interest rate 23.9%, for a period of 3 to 24 months.

Citibank

Amount up to 1 million rubles. Interest rate from 28%, for up to 60 months.

Metrobank

Amount 300,000. Interest rate from 16 to 30%, for a period of 3 to 24 months.

MTS bank

Amount 250,000. Interest rate from 34.9 to 59.9%, for a period of 3 to 6 months. (How to borrow money from MTS on your phone)

It should be borne in mind that each bank has its own idea of bad credit history. For many, and even most banks, one-time delays are not an indication of a serious reason for refusing a loan. Some banks tolerate delays of up to a month or even do not take them into account. A bad credit history can definitely be defined as a borrower’s history in which there is an outstanding loan.

In addition, some banks employ professional psychologists who identify the true reasons for past late payments. In this case, it is very important how you got into such a situation, what the circumstances were. Was it a stupid mistake and a vicissitude of fate, or did it happen only because of your irresponsibility? After working with a client, psychologists determine his reliability in this regard.

For such cases, banks have a special type of insurance with a high interest rate of up to 80% per annum.

4. Decision if banks refuse to take out a loan

What to do if banks refuse to issue a loan

In this case, it is possible to use the credit card service. When a credit card is issued, banks usually check the customer’s data rather superficially, since the application is processed within a day. Or they may even turn a blind eye to some of the troubles that arose during the inspection. But it is worth remembering that the interest rate on such a credit card can reach 29% or more. Typically, obtaining such a credit card is due to the customer’s desire to increase his rating among debtors. And if the loan on such a card is repaid on time, then very soon the bank will be able to issue such a client a regular credit card.

You should always remember that there is no single credit bureau in our country (Russia)! Therefore, one or another bank may not cooperate with the bank account that contains this information about your past.

If your situation has become completely hopeless and you cannot get a loan from any bank, you can always open a deposit account and save money into it every month. In this way, you will be able to improve your reputation in the institution and after 3-4 months you will be able to improve the situation. Perhaps after a few days the bank will agree to the loan.

5. Is it possible to refuse a credit history check?

Yes it is possible! But then you definitely won’t get a loan. According to Federal Law of the Russian Federation No. 152 “On Personal Data”, the processing of personal information of any citizen of Russia is possible only with written consent. The banker will ask why you are unwilling to give him this kind of information? And then you will definitely be refused a loan.

Other loan options

You can also get money from a private person, but you can only turn to this option if you have been refused by all of the above organizations. Nowadays, there are many fraudulent individuals and organizations. It is best to contact already proven places, where your relatives or friends have already taken out loans.

It is also important to understand that information about banks (interest rates, terms, etc.) that check or do not check credit history is always changing. Therefore, it is necessary to carefully select a bank before taking a loan.