According to the current legislation of Russia, the bank is obliged to pay the depositor interest in the form of interest for the entire period of use of the depositor’s funds, however, the credit institution can write off part of the funds from the deposit account. In what cases this can happen to the agency “Prime” was told by the chairman of the board of the CPC “Obnovlenie” Mikhail Dorofeev.
According to him, the rules on a bank account agreement under the Civil Code of the Russian Federation apply to a bank deposit, unless otherwise stated in the agreement itself. So, if enforcement proceedings were opened against the depositor by a court decision, then the contribution will be recognized as property and the bailiffs can be arrested to write off debts from it.
This situation can occur if the depositor has unpaid traffic fines, unpaid obligations to the Federal Tax Service or other debts. At the same time, the credit institution will not, and will not be able to interfere with this state of affairs.
The bank can also write off part of the funds if the depositor has a loan in the same organization. According to Dorofeev, it is easier for the bank to take this step than to initiate a full-fledged collection process and force the client to take a more responsible attitude to the request of the credit institution.
Also, the client may not receive the entire amount in the event of bank bankruptcy. This happens if there was an amount on the deposit account that exceeds the guarantee of reimbursement for a deposit of 1.4 million rubles. To receive funds in excess of this limit, the client will have to queue up with other creditors.
Dorofeev stressed that all the situations described do not contradict the legislation, and are also fully confirmed by the depositor’s signature in the bank deposit agreement. Other cases can be disputed with a credit institution or in court, including technical failures on the part of the bank or fraudulent actions of employees.
In Russia, on Saturday, January 30, a law came into force prohibiting banks from denying services to customers and blocking their accounts without giving any reason.