Government insured deposits. Indemnification: how to return your deposit from a closed bank Deposits up to 700,000 are insured by the state

Russian legislators, against the background of the panic of depositors, since 2015 have doubled the amount of state insurance compensation for deposits of individuals - up to 1,400,000 rubles. The bill was adopted by the State Duma of Russia. Bankers call these measures a "positive" fact, but believe that this is unlikely to contribute to a significant inflow of deposits.

On December 18, the State Duma Committee on Financial Markets decided to support bill No. 298254-6, which doubles the amount of state insurance compensation for depositors, said Natalya Burykina, who is the head of the committee. The Committee met in an unconventional mode, as it should be at such a critical moment. Firstly, the meeting began quite late - at eight in the evening. Secondly, to the surprise of journalists, the discussion went on in a mode hidden from them. Ms. Burykina herself asked the representatives of the media to leave the audience, substantiating the demand with the “dampness” of the amendments.

In total, the official agenda of the committee meeting contained two bills: on increasing the volume of insurance compensation for individual depositors from 2015 to 1,400,000 rubles and on the formation of an inter-factional deputy group “to stabilize the situation in the domestic financial market.” But, according to journalists, not only the mentioned issues were discussed. Along with representatives of the committee, Mikhail Sukhov (deputy chairman of the Central Bank), Alexei Moiseev (deputy finance minister) and Yuri Isaev (head of the DIA) took part in the meeting.

“Yes, we support the project, the committee is completely in favor,” Ms. Burykina's comment about the amendments after the meeting was laconic.

Amendments are being made to the laws “On Insurance of Private Individuals' Deposits in Russian Banks” and “On the Bank of Russia”. They provide for an increase in the amount of insurance on deposits by half - from 700,000 rubles to 1,400,000. The bill was introduced by the Russian government as early as June 2013, but then it was about a million rubles.

The sum insured on deposits in 2015 was doubled - up to 1,400 thousand rubles

The need to urgently increase the amount of compensation appeared right now, for the most part due to the outflow of citizens' money from ruble accounts - from the beginning of 2014 to December 1, the total outflow amounted to 216 billion rubles. And the financial crisis that began in December can significantly increase this figure. Bankers point to the desire of Russians to transfer funds to foreign currency deposits, as well as to invest capital in any property.

Anatoly Aksakov, who is the president of the association "Russia", believes that an increase in the amount of insurance will contribute to the inflow of deposits into the banking system. He cites 2008 as an example. Then in October, the banking sector experienced an outflow of deposits by 7%. When the sum insured was increased to 700,000, in November 2008 the volume of deposits of the population increased by 10%. “Depositors will react instantly, the panic will subside quickly. I can already see how investors from the US have begun to buy Russian securities that have fallen in price. This means that the regulator has begun to take adequate measures,” says Mr. Aksakov.

He also said that the system of deductions of credit institutions to the deposit insurance fund, most likely, will not change. In the event of a significant decrease in the DIA fund, it has the opportunity to attract a loan from the Central Bank. Such a provision is present in the law on CERs. According to Yuri Isaev, the head of the agency, the decision to increase the insurance coverage of deposits will affect the work of the DIA, but so far there is no need to apply to the State Bank for additional liquidity.

As we have already said, representatives of many banks consider this a positive step. “This measure is a positive sign that increases the confidence of Russians in the financial market. At the moment, the average size of deposits in Russian financial institutions is in the range of 500,000 rubles. Such a modest figure is due to the fact that many depositors, reducing risks, “split” deposits and open them in various banks. With an increase in the insurance limit, these clients will be able to place more serious amounts on one deposit account, ”says Vasily Kuznetsov, who is a member of the board at Trust Bank.

“Increasing the insurance value against the backdrop of such events is an additional guarantee for citizens from the government, which will certainly have a positive impact on the placement of deposits in banks,” said Svetlana Povikalova, head of retail services at Loko-Bank. Natalya Grigoryeva, head of the retail services block at Binbank, also spoke positively about the amendments. “In the current situation in the banking market, this is relevant, it will increase the public's confidence in the financial sector as a whole,” says Ms. Grigorieva.

However, the bankers specify, it is not worth expecting a significant inflow of funds from this measure. “It’s strange why they didn’t do it at a quiet time? Why was it necessary now in such a hurry to pass the law? Part of the population is trying to have time to buy goods while prices have risen slightly. I'm not sure that the increase in the limit will lead to the fact that depositors will massively incur money in banks, ”says a top manager of one of the top 30 credit institutions.

Oleg Vyugin, who heads the board of directors at MDM Bank, also does not believe that an increase in the insured value is an effective measure. In his opinion, the outflow of deposits is mainly provoked by fluctuations in exchange rates. “Increasing the guarantee, of course, pleases the depositor. But at the moment, if there is an outflow of deposits, then it is caused not so much by worries that the financial institution will go bankrupt, but by the confusion of depositors, their lack of understanding of how to behave. Where to invest - in rubles or

The deposit is the most convenient way of saving. Making a deposit today is a fairly simple process because you can make a deposit without leaving your home. However, in a crisis, when many banks lose their licenses, the question arises, can you trust your money to financial institutions? The state took care of this by offering deposit insurance in 2019.

Main essence

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The deposit insurance system is subject to Federal Law No. 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation”. The main purpose of this system is to protect the funds of citizens placed on the accounts of Russian banks.

In general, the protection of citizens' funds is a priority for any state. The insurance system operates in the USA, Japan, Ukraine and some other countries - members of the European Community.

The deposit protection system works according to the following principle. If a financial institution ceases to exist or becomes, then its license is taken away, and funds from the accounts are paid to depositors. This procedure does not require prior agreement, as it is carried out by virtue of law.

The Deposit Insurance Association of the Russian Federation assumes all the bank's debts, paying money to depositors. Further, the agency independently sorts out the relationship with the credit institution for the return of the debt.

Deposit insurance is carried out within the amount 1400000 rubles. Moreover, if the depositor keeps funds in the bank on different accounts, he will still not be able to receive funds in excess of the specified amount. But if the accounts are opened in different banks, then each account guarantees the return of the amount up to 1400000 rubles.

Key points

Mechanism

The process of deposit insurance is simple and has its own characteristics. First of all, money is deposited and an agreement is concluded with the bank.

The deposit automatically falls under the insurance system if the bank has the appropriate license. In this case, a specialized insurance contract is not required.

For participation in the insurance system, a financial institution pays monthly DIA 1% from the amount of the deposit portfolio. In other words, the bank pays for deposit insurance, not the client.

Thus, investors are protected by law. Customers using debit cards are also protected.

What is not taken into account

All funds of the client, including those located on debit cards, are covered by insurance.

The exception is:

• funds from the accounts of individual entrepreneurs, notaries and lawyers;
• funds in trust;
• deposits in precious metals;
• electronic money;
• bearer deposits.

What is covered

Under the protection of the deposit insurance system are the funds located on the debit accounts of the client. These are deposits and plastic cards. And if almost every depositor knows about the deposit insurance system, then few people know about the fact that they are insured and the funds on plastic card accounts.

The return of deposits is carried out if the bank's license is revoked or if a moratorium on activities is introduced by the Central Bank of the Russian Federation. In these cases, the bank has the legal right to pay the funds, not earlier than through 10 days.

The maximum payout period is 14 days. Funds are transferred to depositors through another bank or by Russian Post.

Lists of participating banks

Deposit insurance is provided by the DIA. The organization has a register of program participants and an insurance fund, which is created by participating banks through monthly insurance premiums. To date, the list includes 840 participants. Full details can be found on the DIA website.

Below we present a list of incoming banks participating in the Russian Federation, which are the most reliable in Russia, since they have been included in the register of insured for a very long time:

• Stella Bank;
• Vega bank;
• Post Bank;
• Russia;
• Gazbank;
• district;
• Arksbank;
• Rinvestbank;
• Eurocitybank.

When making a deposit, you must definitely look at the latest information on, since the list is very mobile and the number of banks decreases every year.

It is also worth clarifying the information at the bank office: upon request, a specialist must provide a license to participate in the deposit insurance system

Controversial aspects of deposit insurance

Reimbursement

Despite the fact that the insurance system operates more than 12 years, when paying insurance indemnities, controversial issues arise. Any contributor should know their rights.

According to modern legislation, the DIA pays 100% from the amount of the deposit, not exceeding 1400000 rubles.

If the deposit was opened in another currency, then the funds are converted at the rate on the day of the insured event. It should be noted that the cost of reimbursement is gradually growing and until 2019 it was 700 thousand.

Thus, the state offers a sufficiently large compensation for the occurrence of an insured event.

It is worth noting that if the depositor also has a loan, then the payment will be made minus the debt. This procedure takes place automatically and the client will receive only the difference.

The situation with legal entities

Deposits in banks can be placed by both individuals and legal entities. However, the state compulsory deposit insurance is not supposed in this case.

Today, legal entities can carry out the procedure for insuring their deposit on a voluntary basis, that is, by paying insurance premiums on their own.

In this case, the insurer is not the DIA, but any insurance company. To date, the procedure for insuring deposits of legal entities is in its infancy and has many nuances and shortcomings. Therefore, in the case of protecting such a deposit, the choice of an insurance company should be approached very carefully.

How to act

To receive a deposit after revoking a license from a bank, you must contact the bank itself. After the occurrence of an insured event, the DIA within 1 week publishes in the Bulletin of the Bank of Russia a register of obligations to depositors.

Such a register also appears on the Agency's website. During 1 month The DIA sends a notification to each contributor about payments.

After receiving the notification, the depositor is obliged to provide the DIA with an application and a passport. After that, the DIA provides a register in which the amount of insurance compensation is indicated and within 3 days transfers funds to the depositor. But only after two weeks had passed after the license was revoked from the bank.

After receiving the funds, depositors sign a certificate, a copy of which is sent to the bank.

Possible problems

With insurance compensation, a number of problems may arise, the solution of which requires certain knowledge from the depositor:

Thus, if there are problems, you must immediately contact the DIA. Specialists try to help any depositor to the maximum, returning the invested funds.

FAQ

Despite the fact that the insurance system has been operating since 2004, depositors have many questions about protecting their savings.

We present the most popular of them:

When you are going to open a deposit account and studying in this regard the offers of various banks, you probably noticed that many credit institutions have an inscription on their websites and information stands that “deposits are insured by the state”.

What kind of insurance is this? What does it protect against? And most importantly - in which banks the deposits are insured by the state m? Let's figure it out right now.

Who, whom, why and from what insures?

Since 2004, a deposit insurance system has been operating in our country (you can often find its abbreviation name - DIS), similar to similar projects operating around the world.

Its main task is to return the invested funds to depositors (individuals, and from 01/01/2014 and individual entrepreneurs) in the event of an insured event, which in our country is the termination of the bank's activities - in case of revocation of the license and bankruptcy.

This return is carried out by a state corporation, which was created specifically for these purposes - the Deposit Insurance Agency.

Are all deposit accounts insured?

According to the law adopted at the federal level at the end of 2003, On the insurance of deposits of individuals. of persons in Russian banks, all deposits in national and foreign currency opened with a CER member bank are considered insured (automatically, i.e. without signing an insurance contract).

To date, the latter are all banks that accept funds from individuals. And there are 869 of them today (with a complete list of banks in which deposits are insured by the state, you can find, if you wish, on the Agency's website by clicking on it at: http://www.asv.org.ru/insurance/banks_list/index .php).

Exceptions.

The following are not subject to the Insurance Law and, therefore, CERs:

1. money transferred to the bank for trust management;

2. electronic money intended for settlements on the Internet without opening a bank account (on virtual cards);

3. depersonalized deposits (bearer);

4. funds stored outside the borders of the Russian Federation, even in the branches of residents;

5. deposits / accounts of notaries, lawyers and other persons, if they were opened, without the formation of a legal entity. persons for the purpose of conducting professional activities with their help.

After the bank's license is revoked in accordance with the procedure established by the legislation of the Russian Federation, the Bank of Russia appoints a temporary administration, which is the bank's management body until the arbitration court makes a decision to open bankruptcy proceedings or start the liquidation procedure. The provisional administration is appointed for a period of no more than six months and acts within the framework of the bankruptcy legislation of the Russian Federation on behalf of the Bank of Russia. The arbitration court decides to start the procedure for compulsory liquidation in the event that the value of the property of the bank being liquidated, according to a preliminary assessment, is sufficient to pay off all its obligations to creditors. In the event that the bank's property is not sufficient to repay all obligations to creditors, a bankruptcy procedure (bankruptcy proceedings) is opened. These procedures are opened for a period of one year and may be extended by the decision of the arbitration court for a period not exceeding six months.

If in the course of compulsory liquidation it is revealed that the bank's property is not enough to pay off all obligations to creditors, then the arbitration court, at the request of the liquidator, decides to declare the bank being liquidated bankrupt and to open bankruptcy proceedings against it.

The bankruptcy commissioner (liquidator) is a person approved by the arbitration court for conducting bankruptcy procedures (forced liquidation) and exercising other powers established by the legislation of the Russian Federation. If the bank had a license from the Bank of Russia to attract funds from individuals in deposits, as well as when the bankruptcy trustee (liquidator) of an individual is released or removed from the performance of duties by an arbitration court, the bankruptcy trustee (liquidator) is the Deposit Insurance Agency. The bankruptcy trustee (liquidator) performs the following functions:

• accepts, considers and establishes creditors' claims, maintains a register of creditors' claims and makes payments to creditors of the funds due to them;
• accepts and searches for the property of a credit institution, takes measures to preserve it, evaluates it with an independent appraiser and sells it for the purpose of subsequently channeling the funds received to satisfy creditors' claims;
• identifies signs of intentional and fictitious bankruptcy, as well as circumstances providing for the involvement of former founders (participants) and bank managers to administrative and criminal liability (during bankruptcy proceedings);
• exercises other powers granted by the federal legislation.

The creditors of the liquidated bank are persons who have the right to claim against the bank for monetary and other obligations (including depositors), for the payment of mandatory payments, for the payment of severance benefits and for the remuneration of persons working under an employment contract.

In order to provide creditors of a credit institution whose banking license has been revoked with information on the possibility of presenting its claims, the provisional administration publishes in the Kommersant newspaper, the Bulletin of the Bank of Russia and in a print periodical at the location of the credit institution an announcement containing information on the credit institution (name and other details), address of the credit institution, information on the provisional administration. The specified information is also posted in the Representative Office of the Bank of Russia on the Internet at www.cbr.ru (hereinafter referred to as the Representative Office of the Bank of Russia on the Internet) on the main page "Information on credit institutions", in the section "Liquidation of credit institutions", in the subsection "Announcements provisional administrations.

Procedure for creditors

The creditor of the bank has the right to present his claims to the temporary administration during the period of its activity or to the bankruptcy trustee (liquidator) during the entire period of bankruptcy proceedings (liquidation).

Depositors of a bank included in the deposit insurance system are also entitled to file claims against it in the amount not satisfied as part of the payment of insurance compensation.

If the bankruptcy proceedings have been initiated in a bank in respect of which the Deposit Insurance Agency has previously carried out a forced liquidation procedure, then third-priority creditors included in the register of creditors' claims by the liquidator must submit their claims to the bank again.

To submit a creditor's claim, it is necessary to send a written application indicating the amount and grounds for the claim with the obligatory attachment of supporting documents in originals or duly certified copies (securities are not accepted in copies), bank details for transferring funds in settlements in the course of satisfying claims (if any), postal address for sending correspondence, contact phone number, as well as

• for individuals (including depositors) - last name, first name, patronymic; Date of Birth; details of an identity document, a notarized power of attorney confirming the right to present a claim (for a representative of the creditor);
• for legal entities - the name and location of the organization, documents confirming the authority of the person who signed the request, an extract from the Unified State Register of Legal Entities.

The validity of the creditor's claim can be confirmed by the following documents: a bank deposit (account) agreement, an agreement for settlement and cash services; court decisions that have entered into legal force (writ of execution); securities (bills, certificates of deposit, bonds, etc.); documents confirming the receipt of funds to a bank account (incoming cash order, payment order, announcement for a cash deposit); statement of the creditor's account indicating the balance on the date of revocation of the license or on the date of the last receipt (only for bank account agreements); other original documents or their copies confirming the validity of the claim.

Income on deposits and securities after the license revocation date is not accrued, all claims are accounted for in the national currency at the exchange rate as of the license revocation date.

The provisional administration or the bankruptcy commissioner (liquidator), no later than 30 working days from the date of receipt of the creditor's claim by them, notifies the applicant of the inclusion of his claim (in whole or in part) in the register of creditors' claims or of the refusal of such inclusion, indicating the reasons.

A creditor's claim filed during the period of activity of the provisional administration and entered in the register of creditors' claims shall be considered established in the amount, composition and order of satisfaction determined by the provisional administration, if within 60 business days from the date of publication of a notice declaring a credit organization bankrupt and opening a bankruptcy proceedings (on the commencement of the liquidation procedure), the bankruptcy trustee (liquidator) did not send a notice to the creditor on the complete or partial exclusion of the specified claim from the register of creditors' claims.

Claims of creditors filed during the period of activity of the provisional administration, but not considered on the day of the expiration of its powers, shall be considered submitted on the day of publication of information on declaring a credit institution bankrupt and on the opening of bankruptcy proceedings (beginning of the procedure for compulsory liquidation) and are considered by the bankruptcy trustee (liquidator) within 60 days from the date of publication of the above information.

The announcement of the bankruptcy commissioner (liquidator) containing information about the decision of the arbitration court on declaring a credit institution bankrupt and on the commencement of bankruptcy proceedings (on the forced liquidation of a credit institution) is subject to publication in the Kommersant newspaper, the Bulletin of the Bank of Russia and in a print periodical the location of the credit institution.

This announcement contains information on declaring a credit institution bankrupt and on the commencement of bankruptcy proceedings (on the adoption of a decision on the forced liquidation of a credit institution):

• the name and other details of the credit institution that has been declared bankrupt (in respect of which a decision on forced liquidation has been made);
• the name of the arbitration court in which the bankruptcy case (on forced liquidation) is being processed, and the number of the case;
• the day the arbitration court decides to declare the credit institution bankrupt and to open bankruptcy proceedings (on the forced liquidation of the credit institution);
• the closing date of the register of creditors' claims (the period after which the register of creditors' claims is considered closed may not be less than 60 days from the date of publication of the first notice declaring the credit institution bankrupt and initiating winding up proceedings or the decision to forcibly liquidate the credit institution);
• the day of expiration of the period for establishing the claims of first priority creditors for the purpose of preliminary payments, determined in accordance with paragraph 3 of Article 50.38 of the Federal Law "On the Insolvency (Bankruptcy) of Credit Institutions";
• the address of the credit institution for the creditors to present their claims against the credit institution;
• information about the bankruptcy trustee (liquidator), including the name and address of the bankruptcy trustee (liquidator) for sending him correspondence.

The specified information is also posted in the Representative Office of the Bank of Russia on the Internet on the main page "Information on Credit Institutions", in the "Liquidation of Credit Institutions" section, in the "Announcements of Bankruptcy Managers (Liquidators)" subsection.

Creditors' claims are recorded in the register maintained by the provisional administration during its operation. She transfers this register to the bankruptcy trustee (liquidator).

The register of creditors' claims maintained by the bankruptcy trustee (liquidator) shall be closed no earlier than 60 days from the date of the first publication of the notice of bankruptcy (commencement of the forced liquidation procedure) in the newspaper Kommersant or Bulletin of the Bank of Russia. The exact date of closing the register of creditors' claims of a particular liquidated bank is reported in the above publication. Claims of creditors submitted after the closing date of the register are taken into account separately.

Claims filed after the closing date of the register shall be taken into account in the register of creditors' claims. In order to classify the claims received by the bankruptcy trustee (liquidator) as those filed within the established period, notices of delivery or other documents confirming the date of receipt of the specified claims by the bankruptcy trustee (liquidator) are taken into account.

Satisfaction of creditors' claims

Fulfillment of obligations to the creditors of the bank in the course of bankruptcy proceedings (forced liquidation) is carried out in the established order:

• First of all, the claims of individuals under the concluded bank deposit (account) agreements and for obligations arising from damage to life or health, as well as the claims of the Bank of Russia and the State Corporation Deposit Insurance Agency, transferred to them as a result of payments to depositors of amounts guaranteed state.
• In the second place, the claims of creditors for the payment of severance pay and wages under an employment contract are satisfied.
• In the third order - other claims not related to the first and second order of satisfaction, including claims based on securities presented for redemption.

The claims of the creditors of each turn are satisfied after the full satisfaction of the claims of the creditors of the previous turn, both included in the register and recorded in the register. Claims of creditors filed after the closing of the register shall be satisfied after the full satisfaction of the claims of the creditors of the relevant priority included in the register of creditors' claims.

If the funds of a credit organization are insufficient to satisfy the claims of creditors of one priority, the funds shall be distributed among the creditors of the corresponding priority in proportion to the amounts of their claims included in the register of creditors' claims.

The bankruptcy commissioner (liquidator) makes payments to creditors by transferring them from the bank account to the creditor's account. The bankruptcy trustee (liquidator) sends funds unclaimed by the creditor to the notary's deposit.

The bankruptcy commissioner (liquidator) is not responsible for the amount of commission charged from creditors in another bank when they receive funds.

The procedure for closing an account in a liquidated bank

In accordance with paragraph 1 of Art. 859 of the Civil Code of the Russian Federation, the bank account agreement is terminated at the request of the client at any time. Termination of such an agreement is the basis for closing the client's account (clause 4 of article 859 of the Civil Code of the Russian Federation) without any restrictions.

The absence of funds on the client’s account and the presence of settlement documents that have not been paid for this reason at the order of the recoverers presented to the client’s account do not limit his right to terminate the bank account agreement (letter of the Central Bank of January 26, 1999 No. 31-1-4 / 186) .

If there are funds on the client's account, when closing an account with a bank in liquidation, the balance is transferred to account 47422 "Bank's liabilities on other operations" - and is the bank's liability.

To close an account, you must send an application to the name of the representative of the bankruptcy trustee in the attached form.

Forms of documents

• Approximate forms of claims of creditors - legal entities and individuals
• Forms of powers of attorney for participation in the meeting of creditors - individuals and legal entities

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