What to do if the bank has blocked the account, and how to avoid it

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Content

• Reasons for freezing the account
• Blocking actions
• How to avoid blocking your account
• Questions and answers
• Conclusion

Sometimes you can face the fact that his account or card is blocked. An unexpected freeze can cause a lot of trouble, especially if the money is urgently needed. You will learn about why the bank can block your account and how you can deal with it in this article.

Most often, entrepreneurs - individual entrepreneurs and legal entities - suffer from account blocking. For a businessman, this circumstance is very dangerous - then he will not be able to conclude transactions, accept payments from clients, pay taxes, fees and salaries. However, an individual can also block an account or debit card. The main thing in such a situation is not to panic, to figure out the reason and solve the problem peacefully.

Why can the bank freeze the account?​

The most common reason for blocking an account is suspicion of violation of Federal Law No. 115-FZ "On Counteracting Legalization (Laundering) of Incomes". Banks are careful to ensure that illegal monetary transactions are not carried out on accounts opened with them. If he considers the movement of money on your account or card suspicious, then he can suspend all transactions on him.

The implementation of Law 115-FZ is monitored by a separate state body - Rosfinmonitoring. He maintains a list of people and organizations that are suspected and charged with money laundering. Also, individual entrepreneurs and companies that are engaged in accepting payments, leasing, mediating in real estate transactions and some other types of activities are required to register with Rosfinmonitoring.

According to the law, the bank can freeze the account and suspend all operations on it in the following cases:

• If the level of cash transactions in relation to non-cash transactions exceeds 30%
• If the turnover has increased sharply, but other indicators (for example, the amount of taxes paid) remain the same
• If one of the participants in the transaction is suspected or charged with criminal offenses (not necessarily money laundering) or terrorism
• If the parties to the transaction act on behalf of the persons put on the wanted list
• If you carry out any transactions in the amount of 600,000 rubles or more (Rosfinmonitoring and the tax service are always interested in them)
• If you cash out more than a million rubles within a month
• If the bank doubts the authenticity of the documents confirming the legality of the operation
• If an account is often used as a transit account - to transfer money from one account to another through a third
• If an individual entrepreneur or a company often sends transfers to individuals (except for salary payments)
• If money is often withdrawn immediately after crediting
• If the purpose of payments is not spelled out or does not correspond to the OKVED codes that you indicated when registering a business
• If you changed your passport data (individual) or constituent documents (legal entity) and did not notify the bank about it

If your account falls under one or more of these signs, then the bank can block it and all transactions on it, disable online services and refuse to open new accounts and cards. He can also transfer information about suspicious customers to other banks, and in case of serious violations, report them to law enforcement agencies.

Also, the bank can block the client's money at the request of the tax service - for example, if the client does not pay taxes, fines and penalties. Most often, entrepreneurs come across this reason. The tax authorities impose their own sanctions when an entrepreneur does not fulfill its requirements - for example, does not submit tax returns on time. Blocking by the decision of the Federal Tax Service can be not only complete, but also partial - within the amount of tax debt.

The bank can also block a person's access to the account if he violates the rules for the use of his products. For example, if the borrower has large loan delinquencies. In this case, the client is also blacklisted by the bank. In addition, it can happen by a court decision (for example, due to bankruptcy or due to alimony arrears).

What to do if the account is blocked?​

First, determine the reason for blocking the account - suspicion of violation of 115-FZ, non-payment of taxes, or another. Your actions will depend on this reason. If the problem is a violation of the law, contact the bank. If it's all about unpaid taxes, settle the issue with the Federal Tax Service.

The following are options for dealing with the most common reasons for blocking:

If the account is blocked on suspicion of money fraud​

Usually, if a bank has suspicions about an account transaction, it must inform the client about it by phone or SMS. In this case, he will immediately ask to provide him with documents that can confirm the legality of the money.

You have 3-7 days for this - if you provide the necessary information within this period, the bank will remove suspicions from you.
If the account is blocked without warning - immediately contact the bank and find out the reason. It is advisable to draw up a written statement so that you have proof of the fact of the appeal. Within two days, the bank will inform you what documents and information it needs to remove the block. There is no clear deadline for their delivery, but the sooner you provide them, the better.

Each bank has its own list of documents that must be provided to confirm operations. It usually includes:

• Checks, receipts, invoices for payment of goods and services (including electronic)
• Sales contracts
• Loan agreements or IOUs
• Lease or lease agreements
• Certificates of payment of taxes and fines
• Other

An individual may be required to provide documents on income and employment:

• Copy of work book or employment contract
• Certificate 2-NDFL

Entrepreneurs will need documents on transactions and movement of funds:

• Payment orders and documents on transactions, acts of acceptance or dispatch
• Information on the actual number of personnel, payroll calculation sheet
• Accounting or financial statements
• Tax return for the last reporting period

All these documents must be sent to the bank - in person, electronically or by mail. In the second case, they must be signed with your electronic signature, and in the third, they must be certified by a notary. The bank will review your documents for some time. If they are convincing enough, he will unfreeze the money and send you a notification about it.

It can take from several hours to several days to review the documents and unblock the bank. In more serious proceedings, the term can drag on for up to a month.
If, even after submitting all the necessary documents, the bank does not unblock your account, contact a higher authority - the Central Bank, FAS, Rospotrebadzor or the prosecutor's office. Ask the bank to provide a clear explanation of the reason for blocking. If there really is no more reason for it, go to court.

If the account was blocked by the tax office​

If the blocking was imposed at the request of the Federal Tax Service, check the specific reason at the tax office where you are registered. Everything is much simpler here: you will be immediately informed of the specific reason for the blocking. Your further actions depend on this reason:

• Taxes, fees and fines have not been paid - pay these payments and confirm this fact with a payment
• Financial statements or tax return not submitted - prepare and submit it
• Tax Official Requests Not Confirmed - Submit Request Confirmation Notices
• Account is blocked pending execution of decisions made following the audit - follow these decisions

An important point - the tax service does not block the account itself, but the money on it. You can still make transactions (for example, send payments and pay salaries). In accordance with Article 855 of the Civil Code, payments can be debited only according to executive documents and in the order of priority:

• Compensation for harm to life and health
• Alimony
• Severance pay
• Salary and royalties
• Taxes, fees and insurance premiums
• Other payments

After correcting the reason for the blocking, the tax office unfreezes the account. This usually happens within one to two days. If the tax office has set the block by mistake or did not remove the block on time, you have the right to claim compensation in court. The amount of compensation is 1/300 of the key rate (you can find it on the official website of the Central Bank) for each blocking day.

The procedure for blocking accounts by the tax service is determined by article 76 of the Tax Code.

How can you avoid blocking your account?​

To avoid suspicion of money fraud and blocking due to suspicion of money laundering, follow a few simple rules:

• Do not agree to transfer large amounts through your card and withdraw them in cash. Such transactions are often related to money laundering.
• Do not give your bank cards to anyone for a long time, even close relatives and friends
• Check carefully the people and organizations you receive from and to whom you send money
• Try to withdraw cash as little as possible - only if it is really necessary (first of all, this applies to business accounts). Do not withdraw large amounts unnecessarily
• Always keep all documents on transactions - checks, receipts, payments, contracts and others. So you can at any time confirm the fact of the operation and its legality. This is especially true for large-scale transactions (several hundred thousand rubles)
• Do not use personal accounts and cards for business activities - always open current accounts and corporate cards for this . Also, do not use business invoices to pay for personal needs.
• If the bank asks you to report on transactions and payments, send it all the necessary information as soon as possible
• Before traveling abroad, notify the bank in advance - so it will not consider card transactions in another country suspicious
• Remember the “Pay your taxes and sleep well” rule - always pay all mandatory payments. Try to avoid large delinquencies on loans and borrowings

If you are an individual, then there will be fewer claims against you if you are officially employed and receive a “white” salary. If you are going to do business, be sure to register as an individual entrepreneur or LLC.
As for self-employed people, the issue with them has not yet been fully resolved. It is worth waiting for the final entry into force of the law on self-employed citizens, which was adopted in 2017.

Questions and answers​

Yes, you have the right to close the account, even if it is blocked by the decision of the bank or the tax office. You will receive the remaining money in cash or you can transfer it to another organization. We do not advise you to do this: the bank and the tax office will still consider you a violator, which will lead to problems in the future.
If the account is frozen at the request of the Federal Tax Service, then you will receive money when it is closed only after the decision to block it is canceled.
Check yourself for other blocking reasons. You may have violated other bank requirements or have a large number of debts. If the blocking was imposed by mistake, appeal it to the bank or to a higher authority. If the reason is a court decision, which was made in absentia, find out about this decision and try to fulfill the requirements.
In this case, confirm the payment of taxes and fees with statements of other accounts, payment orders and a certificate from the Federal Tax Service. To avoid this situation, pay taxes from each account in turn, or distribute payments between them.
The block will remain in effect until you fulfill the requirements to remove it. She does not have any statute of limitations yet. Now the Central Bank and Rosfinmonitoring are preparing a bill that allows, when the bank's requirements are met, to remove the status of a suspect under 115-FZ and again use its services. If this bill is passed, you will be able, under certain conditions, to apply again for banking products after the restoration of your status.
It depends on the specific bank: it can block all accounts at once or only those for which there are suspicions (including credit cards). At the same time, you are still obliged to pay off debts - otherwise, additional sanctions will be applied to you. You can make a loan payment in an alternative way - for example, at the cash desk or by money order. Payment details remain the same.

Conclusion​

In fact, it is sometimes difficult to unfreeze an account and prove your innocence. Banks can pose various obstacles to clients - especially when it comes to violations of Federal Law-115. But if you strictly follow the requirements of the organizations, act promptly and seek justice, you can get your money back.

Also, keep in mind that it is always easier to prevent than to fix it. Banks and government agencies never have complaints about law-abiding clients who do not conduct suspicious transactions and pay taxes on time. Always be aware of the signs by which suspicious customers are identified, and try not to fall under them.

Account blocking is a serious problem that affects not only customers, but also banks. A few tips will help you cope with it:

• If you got a block, immediately find out why it happened.
• If the account is blocked according to 115-FZ - collect documents proving the legality of the money and hand them over to the bank
• If the account was blocked by the tax authority, follow its requirements
• To avoid blocking, do not withdraw large amounts of cash, do not conduct suspicious transactions and pay taxes on time

These rules are valid both for personal accounts and bank cards of individuals, and for current accounts of entrepreneurs.

Have you encountered account blocking, and if so, how did you manage to cope with it? You can share your experience in the comments to our article.