Letter from the central bank. How to send a complaint by registered mail

BANK OF RUSSIA DATED 06.19.2012 N 383-P
"ON THE RULES FOR FUNDS TRANSFER"

Question: How should this acceptance be formalized in advance? What information must be contained in a pre-given acceptance (conditions about the amount, the procedure for determining it, the deadline, etc.)?

Answer: When issuing the payer’s acceptance in advance, one should be guided by the requirements of paragraph 3 of Article 6 Federal Law“On the National Payment System” (hereinafter referred to as the Federal Law on NPS), according to which the payer’s acceptance can be given in an agreement between the payer’s transfer operator Money and the payer or in the form of a separate document or message, taking into account the requirements for the content of acceptance established by paragraphs 4, 8, 13 of Article 6 of the Federal Law on NPS.

In accordance with clause 2.9.1 of Bank of Russia Regulation No. 383-P dated June 19, 2012 “On the rules for transferring funds” (hereinafter referred to as Regulation No. 383-P), this acceptance of the payer can be given in advance with an indication, including , the amount of acceptance or the procedure for determining it. At the same time, the requirements for the procedure for determining the amount of a pre-given acceptance are not established by Regulation No. 383-P. The payer has the right to independently indicate the procedure for determining the amount of the previously given acceptance. The parties to the agreement have the right to indicate the possibility of submitting payment requests to the bank by any recipients or recipients specified by the payer, both for a specific amount and in the amount of the submitted demands.

When issuing a pre-given acceptance, one should take into account the norms of Part 14 of Article 6 of the Federal Law on NPS, according to which, if it is impossible to verify the request of the recipient of funds to the conditions of the pre-given acceptance of the payer, the money transfer operator servicing the payer is obliged to return the request of the recipient of funds without fulfillment, unless the agreement provides for an obligation in this case, request the payer's acceptance of the money transfer operator serving the payer.

Question: Is acceptance required when selecting in an agreement between the payer’s bank and the payer such a form of payment as collection settlements?

Answer: According to Part 1 of Article 6 of the Federal Law on NPS, the money transfer operator debits funds from the payer’s bank account with his consent (acceptance of the payer) by order of the recipient of the funds. Accordingly, acceptance as a concept arises only in settlements in the form of a transfer of funds at the request of the recipient of funds (direct debit), therefore receiving acceptance is not required in settlements by collection orders.

Question: In what form can the bank notify the recipient of funds about the refusal of the payer’s acceptance or failure to receive the payer’s acceptance of the payment request. Can the bank use a copy of the payment request as a notification, indicating the reason for the return on the back of the payment request?

Answer: Regulation N 383-P does not contain requirements for the form of notification in electronic form or on paper sent by the payer’s bank to the sender of the order upon refusal of the payer’s acceptance or failure to receive the payer’s acceptance of the payment request, while clause 2.9.2 of Regulation N 383-P it is mandatory to indicate the date in the notification and to affix the bank's stamp and the signature of the bank's authorized person on the notification on paper.

In accordance with clause 1.11 of Regulation N 383-P, a credit institution can establish the form of notification in electronic form, on paper, or as a notification use a copy of the order on paper, which indicates the date, reason for the return, affixed the bank’s stamp and the signature of the bank’s authorized person .

Question: Which form of non-cash payments can be used when debiting funds from a bank account in the event of a debt to a supplier?

Answer: In accordance with Article 862 Civil Code Russian Federation(hereinafter - the Civil Code of the Russian Federation) the parties to the agreement have the right to choose and establish in the agreement any of the forms of settlements specified in the Civil Code of the Russian Federation, as well as settlements in other forms provided for by law, the banking rules established in accordance with it and the business customs used in banking practice .

When making non-cash payments in the form of transfer of funds, at the request of the recipient of the funds, a payment request is applied, which is accepted for execution and executed by the payer's bank in the presence of a pre-given acceptance of the payer or receipt of the payer's acceptance. At the same time, the recipient of funds has the right to make demands on bank account the payer must be provided for in an agreement between the payer’s bank and the payer.

The parties in the main agreement have the right to indicate the possibility of the recipient of funds submitting payment requests to the bank with the payer’s acceptance given in advance. The conditions of this advance acceptance arise from the main agreement between the payer and the recipient of funds.

A payment request is used, as a rule, in settlements for goods supplied, work performed, services rendered, as well as in other cases established by the main contract.

When transferring funds in the form of settlements with collection orders, a collection order is used if there is a provision in the bank account agreement between the payer and the payer’s bank about debiting funds from the payer’s bank account and providing information about the recipient of the funds who has the right to submit collection orders, about the payer’s obligation and the main agreement, including in cases provided for by federal law.

Collection orders are used in cases of collection of funds in accordance with the law, including for collection of funds by bodies performing control functions, for recovery under enforcement documents, and can also be used in cases where provided for by the parties according to the main agreement.

When making non-cash payments, the parties to the agreement have the right to use both payment requests with a pre-given acceptance in the presence of a pre-given acceptance of the payer in relation to these requirements of the recipient, and collection orders if there is a provision in the bank account agreement for the debiting of funds from the payer’s account in the cases provided for parties to the main agreement.

Question: Does the bank have the right to decide to use the payment order form established by Regulation N 383-P when bank clients make transfers in foreign currency? What is the procedure for filling out the details in this case?

Answer: Regulation N 383-P establishes the rules for the transfer of funds by banks on the territory of the Russian Federation in the currency of the Russian Federation.

A credit institution has the right to decide to use, for the purpose of transferring funds in foreign currency, both forms established by the Bank of Russia and other forms of orders approved internal documents credit organization.

In the case of using a payment order established by Regulation N 383-P, the procedure for its preparation is established by the credit institution taking into account the requirements of the legislation regulating the transfer of funds in foreign currency on the territory of the Russian Federation, while the accounts specified in the payment order must correspond to the currency, in which funds are transferred.

Question: What is the procedure for filling out the payment order details “Purpose of payment” and what actions does a credit institution take when receiving a payment order issued in violation of the established procedure?

Answer: Regulation N 383-P establishes that the transfer of funds is carried out by banks on the orders of clients, including those used within the framework of non-cash payment forms.

According to Appendix 1 to Regulation N 383-P "List and description of details of a payment order, collection order, payment request" in the meaning of detail 24 "Purpose of payment" the purpose of payment, the name of goods, works, services, numbers and dates of contracts, commodity documents, and other necessary information may also be indicated, including, in accordance with the law, including value added tax.

Regulation N 383-P does not contain requirements for indicating a complete list of values ​​that the “Purpose of payment” detail of a payment order may contain. At large volume information may indicate the general name of paid goods, work performed, services rendered, for example: “for electricity”, “for information services”, etc.

In accordance with clause 1.7.2 of Part III of the Bank of Russia Regulations dated March 26, 2007 N 302-P “On the Rules for Maintaining accounting in credit institutions located on the territory of the Russian Federation" (from January 1, 2013, Bank of Russia Regulation N 385-P dated July 16, 2012), the client is obliged to indicate in the payment documents the purpose of the payment and a clear statement of the essence of the transaction.

When accepting a payment order, the bank is obliged to check the completion of the “Purpose of payment” details in terms of the presence of the name of the paid service, reference to the number and date of the agreement or sales document.

Question: Does the bank, on the basis of clause 4.3 of Regulation N 383-P, have the right to establish in an agreement with a client for crediting funds to the recipient’s account control over only one detail - the bank account number of the recipient of funds?

Answer: Based on the norm of paragraph 4.3 of Regulation N 383-P, it follows that when funds are credited to the bank account of the recipient of funds, the recipient of funds must be identified by at least two details, one of which is the bank account number of the recipient of funds.

Question: Is 10 included in the count? calendar days, during which really payment order, collection order, payment request, date of its preparation?

Answer: Clauses 5.5, 7.7, 9.6 of Regulation 383-P establish that payment orders, collection orders, payment requests are valid for submission to the bank within 10 calendar days from the date of their preparation, that is, the calculation of the period begins the next day after their preparation.

Question: How can a bank exercise control over the certification of the right to dispose of funds in an individual’s account if the transfer of funds is carried out only on the basis of a client’s application?

Answer: According to clause 3.1 of Bank of Russia Instruction No. 28-I dated September 14, 2006 “On opening and closing bank accounts, deposit accounts,” a card with sample signatures and seal impressions must be submitted to the bank by an individual client along with other documents required to open a current account. However, in the cases provided for in paragraph 1.12 of Instruction No. 28-I, the card may not be issued.

When transferring funds from an account solely on the basis of an application from a client - an individual, with the bank drawing up settlement documents necessary to carry out the specified banking operation, the requirements of paragraph 1.15 of Regulation N 383-P are applied, according to which, on the basis of the order of the payer, including in the form of an application or an agreement with it, the payer’s bank can draw up an order (orders) and carry out one-time and (or) periodic transfers of funds.

In accordance with clause 2.2 of Regulation N 383-P, the procedure for performing procedures for accepting orders for execution is established by credit institutions and is communicated to clients in contracts, documents explaining the procedure for performing procedures for accepting orders for execution, as well as by posting information at customer service points.

The procedure for certifying the right to dispose of funds when accepting an application from a client who is an individual is determined by the bank independently.

Question: Is a payment request that has been partially accepted subject to being placed in the queue of orders not executed on time?

Answer: If the payer partially accepts a payment request and there are insufficient funds in the payer’s account, a payment order drawn up by the bank on the basis of the received Application for acceptance (refusal of acceptance) of the payer and a payment request partially accepted by the payer are placed in the queue of orders not executed on time.

Question: What is meant by the subsequent reimbursement by the payer’s bank of funds in the amount of the amounts of orders executed by the recipient’s bank?

Answer: According to clause 1.5 of Regulation N 383-P, a transfer of funds can be carried out by a bank with subsequent reimbursement in accordance with the agreement by the payer's bank of funds in the amount of the amounts of orders executed by the recipient's bank. In this case, the recipient of the funds receives the funds before the funds are credited to the bank account of the bank executing the order, for example, when receiving cash funds using bank card at an ATM of a credit institution that is not the issuer, when transferring funds without opening a bank account, when the recipient's bank provides funds to the recipient of funds before reimbursement.

Question: What should be the separator between the date, month and year in stamps affixed to orders on paper?

Answer: Appendices 1, 8 to Regulation N 383-P contain a list and description of the details of a payment order, collection order, payment request and payment order, which determine, among other things, the requirements for the date format when it is indicated in details 4, 37, 45, 48 , 62, 63, 66, 71, 72, 41 orders in electronic form and on paper. At the same time, Regulation N 383-P does not contain requirements for the format of the date affixed to orders on paper using a stamp.

Taking into account the above, banks have the right to use any date formats for affixing and stamping orders on paper.

Question: What is the procedure for writing off outstanding lease payments from bank accounts in accordance with the Federal Law “On Financial Lease (Leasing)”?

Answer: In order to ensure the rights of the lessor, the Federal Law “On Financial Lease (Leasing)” provides provisions (clause 1 of Article 13), according to which, if the lessee fails to transfer lease payments more than two times in a row after the expiration of the payment period established by the leasing agreement, they are written off from the lessee's account is carried out in an indisputable manner by sending the lessor to the bank or other credit organization in which the lessee's account is opened, an order to write off funds from his account within the limits of the amounts of overdue lease payments.

In accordance with clause 7.4 of Regulation N 383-P, the use of collection orders in settlements for collection is carried out if there is a provision in the bank account agreement between the payer and the payer’s bank about the debiting of funds from the payer’s bank account and the submission by the payer to the payer’s bank of information about the recipient of the funds having the right to present collection orders to the payer’s bank account, the payer’s obligation and the main agreement, including in cases provided for by federal law. The right to submit collection orders to the payer's bank account can be confirmed by the recipient of funds by submitting the relevant documents to the payer's bank.

Thus, to confirm the right to present collection orders to the payer’s bank account, the recipient of funds must submit to the payer’s bank relevant documents containing information about the recipient of funds who has the right to present collection orders to the payer’s bank account, the payer’s obligation and the main agreement.

Valid Editorial from 19.09.2001

LETTER of the Central Bank of the Russian Federation dated September 19, 2001 N 08-17/3474 "ON THE PROCEDURE FOR RECEIPT AND EXECUTION OF EXECUTIVE DOCUMENTS BY BANKS"

The Bank of Russia has reviewed the correspondence regarding the procedure for the acceptance and execution by banks of enforcement documents in connection with the application of Federal Law No. 119-FZ dated July 21, 1997 “On Enforcement Proceedings,” and reports.

The Federal Law "On Enforcement Proceedings" determines the conditions and procedure for the compulsory execution of judicial acts, as well as acts of other bodies by services bailiffs.

Article 5 of the said Federal Law imposes on banks and other credit organizations the obligation to fulfill the requirements of judicial acts and acts of other bodies on the collection of funds in cases provided for by federal law. At the same time, banks and other credit organizations, in accordance with Part 3 of this article, are not enforcement bodies and do not carry out enforcement actions.

In accordance with Art. 6 of the Federal Law “On Enforcement Proceedings”, the claimant has the right to send a writ of execution, which contains the requirements of judicial acts and acts of other bodies on the collection of funds, directly to the bank, if the claimant has information about the debtor’s accounts there and the availability of funds on them, or to the bailiff, if he does not have such information. A bank or other credit organization servicing the debtor's accounts, within three days from the date of receipt of the writ of execution from the claimant or bailiff, fulfills the requirements contained in the writ of execution for the collection of funds or makes a note of complete or partial non-fulfillment of these requirements due to the absence there are funds in the debtor's accounts sufficient to satisfy the claims of the creditor.

The specified article of the Federal Law "On Enforcement Proceedings" establishes the procedure for ensuring enforcement actions by banks or other credit organizations operating in accordance with the requirements of the Federal Law "On Banks and Banking Activities", the Civil Code of the Russian Federation, other federal laws and adopted in accordance with them regulatory acts of the Bank of Russia. Establishing the procedure for banks to execute enforcement documents regarding the write-off of funds from debtors' accounts is not subject to regulation by the Federal Law "On Enforcement Proceedings".

In this regard, the interpretation of Art. 6 of the Federal Law “On Enforcement Proceedings”, which presupposes the imposition on banks and other credit organizations of the obligation to collect funds in the debtor’s accounts, and not to conduct a banking transaction on the debtor’s account in order to ensure enforcement actions carried out by enforcement authorities, or the exercise of rights collector, contradicts the functions established in relation to banks and other credit organizations, Art. 5 of the said Federal Law, as well as the norms of Art. 9 of the Federal Law “On Banks and Banking Activities”, according to which a credit organization cannot be obliged to carry out activities not provided for by its constituent documents, except for cases where the credit institution has assumed corresponding obligations, or cases provided for by federal laws.

The Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” includes within the competence of the Bank of Russia the establishment of rules for making payments in the Russian Federation, conducting banking operations, accounting and reporting for the banking system. In accordance with the rules of accounting in banks, the basis for writing off funds from the client’s account is a payment document.

An operation to write off funds from a client’s account without his order (Article 854 of the Civil Code of the Russian Federation), ensuring the execution of enforcement actions, is carried out within the framework of collection settlements (Article - Civil Code of the Russian Federation), involving the bank taking action to receive from the payer payment based on a collection order.

Taking into account the above, Bank of Russia Regulation No. 2-P dated April 12, 2001 “On non-cash payments in the Russian Federation” provides for a procedure according to which, when collecting funds under executive documents, a collection order with an attached executive document must be submitted to the bank. This procedure applies to legal entities and bailiffs who have the ability to draw up and execute collection orders in the manner prescribed by the same Regulations. Submission by the specified persons to the bank of a collection order for settlement transaction does not contradict the law.

The procedure for filling out collection orders by individuals collecting funds is not established by Bank of Russia regulations. In order to implement the provisions of Art. 6 of the Federal Law "On Enforcement Proceedings" dated July 21, 1997 N 119-FZ, the Bank of Russia is developing a procedure for the acceptance and execution by banks of enforcement documents presented by recoverers - individuals. Before the entry into force of this regulatory act, the collection of funds from the payer’s accounts on the basis of enforcement documents, the collectors of which are individuals, must be carried out through a bailiff.

Please also note that the solution Supreme Court of the Russian Federation dated May 21, 1999 N GKPI 99-364 on the recognition as illegal of certain clauses of the Rules for non-cash payments in national economy dated 30.09.87 N 2 (lost force due to the publication of the Bank of Russia directive dated 15.06.2001 N 978-U) bears individual character, is not a source of law and is designed for one-time use, since it does not contain any general rules behavior, but only applies the relevant norms of the Federal Law “On Enforcement Proceedings” to a specific case. Besides, general principles legal proceedings do not impose a ban on the use of norms contained in the relevant legislation in relation to a body whose normative act or part thereof was found to be inconsistent with current legislation normative act, with the subsequent publication of other regulations.

Vice-chairman
Central Bank
Russian Federation
T.N.CHUGUNOVA

The Zakonbase website contains LETTER of the Central Bank of the Russian Federation dated September 19, 2001 N 08-17/3474 “ON THE PROCEDURE FOR ACCEPTANCE AND EXECUTION OF EXECUTIVE DOCUMENTS BY BANKS” in the latest edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.

On the Zakonbase website you will find LETTER of the Central Bank of the Russian Federation dated September 19, 2001 N 08-17/3474 "ON THE PROCEDURE FOR RECEIPT AND EXECUTION OF EXECUTIVE DOCUMENTS BY BANKS" in the latest and full version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.

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The Bank of Russia is a regulatory body, that is, it regulates not only the financial situation in the country, but also closely monitors the activities of commercial banks. We all sometimes turn to a financial institution to solve our problems. financial issues, but sometimes services in a commercial bank do not comply with legal requirements or directly violate consumer rights. Therefore, if you have suffered from the activities of the bank, you can write a complaint to the Central Bank of the Russian Federation, but first you need to carefully study how to write a complaint to the Central Bank about the actions of the bank, because this procedure has its own characteristics and nuances.

What to complain about to the Central Bank

As mentioned earlier, the Bank of Russia is a supervisory authority among commercial banks; accordingly, it monitors all operations of financial institutions and monitors compliance with the legislation in force in our country. Despite the fact that many commercial banks They try to comply with all the rules of the law, because, otherwise, they may lose their license, but there are cases when, for some reason, the client’s rights were violated. Let's look at some of the most common examples of what customers complain about:

• the bank did not comply with the client’s legal requirements when providing any financial services;
• imposing additional paid services in order to increase profits;
• conducting financial transactions on client accounts without his consent;
• unilateral change in the deposit or lending agreement;
• increase interest rates during the lending period;
• incorrect work of bank employees;
• transfer of personal data to third parties without the client’s consent, violation of the Bank Secrecy Act;
• assignment of the right to claim a debt without the written consent of the borrower.

First of all, it should be noted that before you write a letter to the Central Bank of Russia and complain about the actions of the bank, you need to know the laws well, because some actions of financial institutions are well within the framework of the current legislation. Accordingly, if you decide to complain about a bank, then at least consult with a competent lawyer or independently study all the laws that control banking activities in our country.

Intrent reception of the Central Bank

Complain online

If you want your appeal to be considered as quickly as possible, then it is wiser for you to go to the official website of the Central Bank of the Russian Federation, write a complaint and send it for consideration, because an online reception is available to every bank client. Let's give detailed instructions, how to complain about the actions of the bank through the Central Bank through the Internet reception. First, you need to open the official website, which is located at http://www.cbr.ru/. After the main page opens in front of you, in the upper right corner you will find the “Internet reception” link, click on it.

• indicate the reason for your complaint; to do this, select from the list the organization that violated your rights, in this case we're talking about about commercial banks;
• Next, click on the topic of your complaint, namely what issue you would like to address: lending, deposits or other services;
• after that, a list of typical violations will open in front of you, select the one you need from the list and click on the link;
• further, you will need to fill out a form and indicate the name of the organization with which your appeal is related;
• you need to indicate your region of residence;
• fill in your personal information and contact details;
• fill out the text of the complaint;
• attach files if necessary.

It is worth paying attention to the text of the complaint, here you can state the essence of your problem in absolutely free form, that is, describe in detail the situation that happened to you when you contacted a financial institution. You can also attach files, namely photographs or scans of documents, videos or audio recordings that you have and may indicate a violation of your rights by the bank.

Questionnaire for the applicant

Procedure for filing and consideration of electronic complaints

If you want to write a complaint to the Central Bank of Russia via the Internet, then it will be useful for you to know how Central Bank employees consider appeals individuals. To be more precise, the processing of complaints is carried out on the basis of Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation”; in accordance with it, the deadline for considering written appeals is 30 calendar days from the date of receipt of the appeal. In addition, the applicant has the right to receive a written response to his appeal only if he has indicated his contact information and last name, first name, patronymic.

Please note that you can personally contact the Central Bank reception office located at Moscow, Sandunovsky Lane, Building 3, Building 1. You can find the opening hours on the official website of the Central Bank of Russia. Reception is by appointment.

How to send a complaint by registered mail

If you are not an active Internet user, then you can make a complaint in writing and send it to the address of the Central Bank. Here the procedure is not much different, because the applicant’s main task is to clearly describe the essence of his problem, but we will consider a sample complaint against a bank to the Central Bank of the Russian Federation later.

So, if you want to send a complaint by letter via mail, then you need to write the text of the complaint in free form. Further, the letter will need to be sent to the address 107016, Moscow, Neglinnaya street, building 12, Bank of Russia.

Please note that you can write a claim and send it by fax to the following numbers +7 495 621-64-65, +7 495 621-62-88.

Complaints against a bank employee

First of all, it should be noted that you can complain both about the bank itself and about its employees, for example, if you were not satisfied with the quality of service or an employee of a financial institution somehow insulted your dignity. By the way, in this case, it is wiser to first send a written complaint to the bank’s management, and if they are in no hurry to take action, then you need to complain to the Central Bank, and you need to be guided by some rules:

• indicate the name and address of the bank branch where you were served;
• indicate the employee’s details: last name, first name, patronymic and position;
• Describe the situation in as much detail as possible.

By the way, when drawing up a complaint, it is imperative to refer to the legislation of the Russian Federation.

Text of the complaint

Let's consider what a complaint to the Central Bank about the bank's actions would look like. Sample:

1. In the upper right corner, indicate to whom you are sending the written appeal and the organization's mailing address.
2. You need to compose the text of the appeal, first of all, indicate when you contacted the bank, write its address and time of application.
3. Write the name of the employee who provided you with services, his last name, first name, patronymic and position.
4. Describe the current situation in as much detail as possible in free form.
5. Next, indicate under which articles of the law your rights were violated.
6. In the last paragraph of the appeal, indicate that you want to hold bank employees accountable or take action against the financial institution.

Important! Do not forget to indicate exactly how you would like to receive a response to your request: by registered mail via mail to your home address or by email.

Where to complain about the bank

Undoubtedly, a situation can happen to each of us: bank employees violated your rights or a financial institution changed the terms of the agreement in unilaterally. But in any case, you can contact not only Central bank Russia, but also to other bodies that control banking activities. For example, if for some reason you are not satisfied with the service at the bank, then you can send a complaint to Rospotrebnadzor.

Complaint to the antimonopoly service

If a bank employee was rude to you or behaved inappropriately towards you, then you can first contact the head of the department or the head office, in this case the issue can be resolved in as soon as possible without the involvement of Central Bank employees.

If the cost banking services seemed to you to be very high, then you can safely write a complaint to the FAS antimonopoly service. And if funds disappear from your account and bank employees cannot explain why, then you can safely write a statement to the prosecutor’s office. It is very important to follow some rules when drawing up written complaints:

1. Try to describe in as much detail as possible the situation that happened to you in the correct form, while you need to take into account every little detail, namely the time of the visit, namely the details of the person who served you.
2. Leave all your information, because when considering applications, only the applicant who has indicated all his contacts, as well as his last name, first name and patronymic, can receive a response, otherwise the application will be accepted as anonymous.
3. Don’t forget to finally indicate what kind of result you would like to get from your appeal, for example, return overpaid interest to the bank or punish an employee.

Thus, you can always protect your rights and interests, return illegally written off funds and punish unscrupulous and incompetent employees. Moreover, to achieve maximum results, it makes sense to contact several regulatory authorities at once that protect the interests of clients.