The Bank withdrew the license – how to get money legal or natural person

How to return the money if the Bank withdrew the license – investors, individual entrepreneurs and legal entities with Bank accounts. If the ACB refused to pay insurance indemnity
Examining graphs with other people on background
2014 licenses have lost about 80 different banks, in 2015 the Central Bank will continue to clean the banking sector, and there is reason to believe that the number of bankrupt banks will be much more. But how to return the money if the Bank withdrew the license?

According to the Federal law from 23 December 2003 No. 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation”, to return the Deposit from the Bank, which revoked the license, in case if the Bank is a participant of the Deposit insurance system (included in the register of banks http://base.garant.ru/12137143/). Payment of deposits are banks-agents who are appointed by the Agency for Deposit insurance (DIA). As a rule, from the moment of license revocation procedures by definition of banks-agents and the date of commencement of payment of refunds on deposits takes two weeks. In the same timeframe on the website of the DIA asv.org.ru is published the list of banks-agents and start date of payments. Appointed agent banks are engaged in the payment of contributions in one year, then to pay the money will already be very DIA to complete the procedure of bankruptcy of the Bank.

29 December 2014 insurance on deposits rose to 1.4 million rubles, therefore, the depositor is deprived of the license of the Bank as of this date, can expect to return no more than 1,4 million rubles. This sum insured applies to the sum of all deposits of a depositor in one Bank. If the depositor has a Deposit in another Bank, it is insured for “your” 1.4 million rubles. In fact, each Bank has its own insurance, so experts strongly recommend not to store the sum more than 1,4 million rubles in the same Bank, and break them down into more than one account in individual banks.
What you need to get the Deposit in case of license revocation

To obtain the contribution from the Bank deprived of the license to the depositor only needed his passport, which he applies to appointed agent Bank. Money can be deposited on the Deposit or account opened with the agent Bank on an account at another Bank, or issued to “cash.”

Also to receive feedback directly from the DIA. In this case, except the passport needed to have a statement form which can be downloaded from the ACB website http://www.asv.org.ru/insurance/.
What to do IE if the Bank has revoked the license of

From 1 January 2014 all Bank accounts or deposits insured individual entrepreneurs. SP equated to individuals, and therefore, if the Bank has revoked the license of a sole proprietorship will receive up to 1.4 million rubles of insurance compensation in line with individuals.

Payment of the insurance indemnity on the accounts (deposits) of FE is made to the account opened for business purposes.

I should add that since the insurance of accounts of individual entrepreneurs entered from 1 January 2014, it is possible to obtain insurance compensation can only SP, the banks which lost the license after this date.
If the Bank revoked the license to get the money back for legal entities

Unfortunately, the law on insurance of deposits of individuals funds does not protect legal persons. Return of money from the account in the Bank deprived of the license law will only be in the order of the third turn of creditors. This moment comes after the sale of the Bank’s property and payments to individuals and sole proprietors, deposits and accounts of which are not covered by the insurance. Frankly, to get the money back from the account of a legal entity from the Bank, which has its license revoked, chances are very few.

However, a legal person, if the Bank withdrew the license, to return your funds you must show the creditor’s Bank. You have to fill in a claim form the creditor, which can be obtained from the Bank in temporary administration and attach the documents specified on the form.

If before the revocation of the license of the Bank legal entity has conducted any operations with settlement account, in this case, there are some chances to recover some funds from the Bank. More information can consult with a lawyer on this site.
What if the ACB refused to pay insurance indemnity

Often the Deposit insurance Agency shall refuse to the depositor in payment of the insurance indemnity, even if it has no reason. The most frequent reason for denial of payment the Deposit insurance Agency calls the crushing of the contribution exceeding the amount of insurance compensation. Lawyers say that legal grounds even if the investor milled contribution before the revocation of the Bank license, no. It understands itself and the DIA, therefore, leads to your advantage and other arguments, which are usually also often not true, for example, lack of funds on the correspondent account of the Bank, the existence of restrictions on the work with deposits, fictitious transactions, etc or money is not paid without explanation. Similarly, the Agency received almost 3 000 depositors of the investment Bank, the courts with the DIA go still.

It should be noted that the courts, when the DIA refuses to pay depositors, often be on the side of the DIA, however, investors who were able to correctly build the tactics of pre-trial and trial, still manages to defend their position and to get a legal indemnity for deposits. Naturally, this is not without the help of qualified lawyers.

First of all, if the ACB rejects to the depositor in payment of the insurance indemnity or the depositor is not in the registry, you need to make a statement of disagreement with the amount of indemnity form available on the DIA website . The application form requires documents confirming the existence of the contribution and the amount of funds on it, in any case do not send original documents, only copies certified either by a notary or by the temporary administration of the Bank. Also the statement you can attach an explanatory note to explain when and for what purpose the Deposit account was opened (account), if before the revocation of the license conducted any action for contribution, specify the cause, attach copies of supporting documents, set out the grounds on which the depositor should be recognized as conscientious as the contribution and the transactions are valid. For the drafting of this explanatory note it is better to contact a lawyer with experience in such matters.

Send the application should be by registered letter and not through a Bank agent!

Term of consideration of the statement of disagreement within 30 days from the date of receipt of the application the DIA, the DIA, however, often ignores this rule or does not respond at all, citing a large number of such statements. Therefore, after the expiration of this period, the depositor should immediately prepare a lawsuit to the Arbitration court.
If DIA does not pay insurance on deposits within the sum insured

If before the revocation of the licence, the depositor conducted any transactions with the contribution, the amount of which does not exceed (slightly exceeds) the amount of the indemnity, and after the revocation of Bank licenses for payment is a smaller amount, in this case it is expedient to reverse the transaction. To do this, the depositor must make a corresponding statement, the tuyere which you can take from the website of the DIA.

Consideration of an application for a reverse wiring DIA considers in the same order as the statement of disagreement, it only makes it more likely. After it will be reviewed and approved, the Deposit will be restored to its original state, the investor will receive reimbursement up to 1.4 million rubles, or 700 thousand rubles (if the Bank deprived of the license on or before 29 December 2014) on the sum of all deposits in the Bank deprived of the license.

We will add that in most cases, to get the money back from the Bank with the withdrawn license if you encounter problems with ACB possible only with the help of experienced lawyers in banking and insurance law. If You need expert legal advice on how to get the money back from the Bank, which revoked the license, write your question in the form in the lower right corner or a Free lawyer.
What if the Bank withdrew the license, and I got the loan?

When revoking the license of the Bank the obligation to pay the loan with customers Bank is not removed, to pay the loan you need in the same order as before the revocation of the license. Also the borrower need to come to the Bank to arrange repayment of the loan.

In the event of delinquency in loan payments, the provisional administration of the Bank or its legal successor has the full right to sue the borrower.