Deposit insurance. Can I get money back from a broken bank? deposit insurance agency

More than three hundred Russian banks are currently in the process of liquidation - such data was published in November. Almost each of these credit institutions attracted deposits from individuals and individual entrepreneurs. The deposit insurance system that has existed in the Russian Federation since 2004 made it possible to return to depositors a total of 1.7 trillion rubles. This state program not only provides protection against the possible loss of funds for, but also significantly increases the public's confidence in banking structures and the savings institution as a whole. What is a deposit insurance system (DIS) and how is it organized?

The deposit insurance system in the Russian Federation is based on the fact that in the event of a bank bankruptcy or revocation of its license, the state guarantees a quick return to individual clients and individual entrepreneurs of the deposit amount up to 1.4 million rubles. According to the Association of Russian Banks, in the first half of 2017, the average deposit of a resident of the country amounted to 163.1 thousand rubles, the share of deposits of less than 1.4 million rubles is approaching 60%. Consequently, most of the population's savings fall under the parameters of the deposit insurance system (DIS).

How relevant the CER is can be judged at least by the fact that during its existence more than 3.6 million depositors have used the opportunity to receive compensation. In total, during this period, the Central Bank of the Russian Federation revoked the licenses of over 400 banks (the full list can be viewed here: https://www.asv.org.ru/insurance/insurance_cases/). In 2017, 45 credit institutions stopped working, including members of the TOP-30 Russian banks (for example, Yugra).

The maximum amount of compensation for deposits in closed banks has increased 14 times since the beginning of the program. From 2004 to 2008, it was 100 thousand rubles, then increased to 700 thousand. Since the end of 2014, this figure has been at the level of 1.4 million rubles.

History of changes in the amount of insurance compensation:

• from January 2004 to August 9, 2006 - 100 thousand rubles;
• from August 10, 2006 to March 25, 2007 - 190 thousand rubles;
• from March 26, 2007 to October 1, 2008 - 400 thousand rubles;
• from October 2, 2008 to December 28, 2014 - 700 thousand rubles;
• from December 29, 2014 to the present - 1.4 million rubles.

History from life

I “got” back in the early 2010s with the Holding-credit bank, where I kept a decent amount. It simply evaporated, and the database of contributors was literally restored bit by bit, according to individual surviving files. Fortunately, I ended up being written into one of the files, and the procedure went without a hitch. 4 days after the announcement of the start of payments, I came to the Sberbank branch near Gorbushka and turned to the first employee I came across. He invited a special manager, who took me to a special window, where I signed the application and almost immediately received the deposit itself (fortunately, it was 370 thousand, less than the maximum) and interest. Finally they said: “They don’t owe you anything anymore”.

Deposit Insurance Agency (DIA): what is it and why was it created?

The Deposit Insurance Agency (DIA) is a state organization established under the law “On insurance of deposits of individuals in banks of the Russian Federation”. The tasks of the DIA include monitoring the contributions of banks to a special fund from which payments are made to depositors who have suffered as a result of bankruptcy or revocation of a bank license

Since the deposit insurance system is a special state program, a corporation with 100% state participation was created in 2004 to implement it. The Deposit Insurance Agency (DIA) acts as a liquidator and bankruptcy trustee of banks with revoked licenses, and most importantly, manages the compulsory deposit insurance fund, from which depositors are paid compensation.

The volume of the fund as of October 1, 2017 was about 40 billion rubles. However, this figure in itself says little: the process of returning deposits from closed banks is ongoing, this year alone, the DIA has attracted more than 600 billion rubles in loans from. The repayment of these loans occurs due to the inflow of deductions from Russian banks into the fund under the deposit insurance system.

Available funds The Agency invests mainly in government securities and deposits of the Central Bank of the Russian Federation, it is prohibited by law to invest the money of the insurance fund in bank shares.

The Board of Directors of the DIA is headed by the Minister of Finance of the Russian Federation, this body includes six more members of the government of the country, as well as five representatives of the Central Bank, which emphasizes the official status of the Agency and its reliability, provided by public funds.

The safety of the deposit in the event of a bank failure is guaranteed by federal law No. 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation”.

Now the insurance system covers two categories of depositors: individuals and individual entrepreneurs.

The CER scheme is very similar to the algorithm of any compulsory insurance, only the role of insurers here is played not by citizens, but by banks. Credit institutions allocate to the Deposit Insurance Agency a share of attracted financial resources. From this money, an insurance fund is formed in the DIA, which is then spent on compensation for depositors of banks with a revoked license.

Current rates of bank contributions to the deposit insurance system

There are only two insured events in which the DIA compensates the deposit:

1 Revocation or cancellation of a bank license by the Central Bank. Occurs in case of detection of signs of insolvency (impending bankruptcy) or violation of the requirements of the Central Bank of the Russian Federation. Voluntary liquidation of a bank by its owners is not covered by the deposit insurance system - simply because the bank's owners can decide to close it only after full settlement with all creditors, including depositors.

If the owners decide to simply lock the office doors and go abroad, the bank will be liquidated by the decision of the Central Bank - with the license revoked and compensation to customers under the deposit insurance system.

2 Moratorium. Prohibition to meet the requirements of bank creditors (imposed by the Bank of Russia). A moratorium is introduced when the bank itself allows a delay to its creditors due to a lack of funds in its accounts.

Example: banks, in order to issue loans to individuals, themselves take money on credit at a lower interest rate from other banks and organizations.

The essence of this measure is that the Central Bank suspends any bank payments for 3 months (payments on deposits, enforcement orders, fines, penalties, etc.) except for current expenses (staff salaries, social benefits, utility and other household payments).

During this period, the Central Bank checks the work of the credit institution and decides whether to revoke its license. Two weeks after the introduction of the moratorium and before its end, you can apply to the DIA with an application for compensation of the deposit. In the entire history of the Agency, the moratorium was introduced only twice: in Vneshprombank and Nota-Bank in 2015.

Central Bank of the Russian Federation

If the bank's license is revoked, the depositor can get back the invested amount (no more than 1.4 million rubles) without waiting for the procedure of the credit institution. The first payments are made already 14 days after the announcement of the license revocation (if the register of depositors is in order and submitted to the DIA on time).

The Deposit Insurance Agency works, as a rule, through agent banks, there are sixty-two of them in the DIA register. These are leading banks with state participation (for example, VTB24 carried out payments to customers of Yugra Bank), as well as large private credit organizations (Alfa-Bank, Binbank and others).

This was done to improve accessibility: as a rule, there are branches of agent banks in all major cities, it is easier for depositors to go there than to send documents by mail to the DIA.

The legislation does not provide for any priority in the payment of compensation: two weeks after the license is revoked, any depositor (both an individual and an individual entrepreneur) can contact the agent bank - the main thing is that information about him be in the register of depositors of the bank whose license was revoked . More details about cases when information about the contributor is not in the register and what to do in such situations are discussed at the end of this article.

The procedure for returning a deposit is simplified as much as possible: the depositor applies to the agent bank with a minimum number of documents. If everything is in order, the individual is transferred to the account indicated by him or issued in cash at the bank's cash desk. For an individual entrepreneur, the returned funds are transferred to an account in any bank (it is most advantageous to open an account with an agent bank - you will not have to pay a commission).

The revocation of a license, after which the bank stops working, must be distinguished from rehabilitation (financial recovery). In the second case, a temporary administration is introduced in the bank, the owner may change and there may be a hype in the media, but nothing changes for the depositor - work with deposits proceeds as usual, money can be withdrawn in full if desired. Usually, sanitation is applied in two cases:

• The bank is important for the state of the country's economy, and its closure may lead to negative macroeconomic consequences;
• The deterioration is temporary and is associated with the panic of depositors, and not with a real financial "hole" in the bank's capital.

In 2017, the Central Bank sanitized two credit institutions from the TOP-10 - Otkritie Bank and Binbank.

Which banks are included in the deposit insurance system

According to the DIA, as of November 13, 2017, the deposit insurance system includes 476 operating Russian banks, in which more than 24 trillion rubles of deposits of individuals and individual entrepreneurs are concentrated.

The law obliges all credit organizations that accept deposits from the public to participate in DIS. In order to be eligible to display the "Deposits are insured" banner on their website, banks must meet several requirements:

• Reliable reporting (according to the norms of the Central Bank), errors and inaccuracies should not affect the assessment of the financial stability of the organization;
• Fulfillment of the Central Bank's standards for reserves, the amount of capital, etc.;
• The financial stability of the bank was recognized by the Central Bank as sufficient (primarily in terms of liquidity, quality of risk management and other similar parameters);
• Timely provision of data on persons under whose control the bank is located.
• Timely correction of identified violations.

Not all banks meet these requirements. 4 credit organizations are now deprived of the right to attract funds from the population. Thus, the Central Bank points out to banks about problems with accounting for deposits and suspicion of maintaining “notebook” accounts, when money is taken from depositors, but not carried out according to documents.

After the prohibition of attracting new deposits, the Central Bank of the Russian Federation begins checking for the presence of off-balance accounts - for example, about 800 depositors were identified at Miko-Bank, whose money (828 million rubles) did not pass through the bank's balance sheet and went in an unknown direction. As a rule, the restriction on accepting deposits ends with the revocation of the license.

There are several ways to check if your bank is in the CER. The simplest thing is to look at the website of the Deposit Insurance Agency (section "Member banks", sorted alphabetically: https://www.asv.org.ru/insurance/banks_list/). You can also clarify the information of interest by calling the free hotline : 8 800 200-08-05.

On the Internet resources of banks included in the deposit insurance system, a special sign developed by the DIA is posted. Also, this sign is placed on the glass at the box office and bank tellers.

How to return a deposit if the bank's license was revoked

The activity of a credit institution is terminated only by the Central Bank. The refund process starts immediately after the bank's license is revoked.

Within a week from the date of receipt of the register of debts to depositors, the Deposit Insurance Agency sends a message to the Bulletin of the Bank of Russia and the official city newspaper at the location of the bank.

The text indicates the place, time, form and procedure for accepting applications for the payment of compensation on deposits. Similar information is posted on the websites of the Agency and the bank itself. Then, within 30 days, the same messages are sent to contributors by mail.

Most often, depositors learn about the revocation of their bank license from the media, they usually always talk about it in the news on central channels, write on major news sites and portals, such as Yandex, Mail, etc.

Finally, if you come to the bank and its office is suspiciously closed in the middle of the working day, then here's what you should do:

1 Go to the DIA website and then either call the hotline 8 800 200-08-05, or enter the name of your bank into the search bar. If it turns out that the bank's license has been revoked, you will find out which bank has been appointed as the DIA compensation agent. These data are posted on the website of the Deposit Insurance Agency, or ask a hotline specialist for this.

2 14 days after the announcement of the revocation of the bank's license (its date is indicated on the Agency's website), the depositor, his representative or heir writes an application in the DIA form. The form can be downloaded on the Agency's website (https://www.asv.org.ru/insurance/, section "Document Forms") or filled in at the agent bank. Rush is not required, but you need to be in time before the end of the bank bankruptcy procedure (this date will be announced on the websites of the DIA and the closed credit institution). If the depositor or his heir “blundered”, the term can be restored by proving that the applicant was prevented by force majeure circumstances, military service or a serious illness.

3 Documents are attached to the application. A passport is enough for the depositor, the representative also brings a notarized power of attorney. If the contributor is a minor, his parents or guardians provide his birth certificate. From adoptive parents, a document on adoption is required, from guardians, respectively, on the establishment of guardianship. If it is not possible to submit documents in person to the agent bank, they can be sent by registered mail with notification.

4 According to the law, the agent bank must consider the depositor's application by the end of the next business day at the latest (if the register of depositors has already been received by the bank from the DIA). If the amount of compensation is small, immediately after receiving the application, it is paid through the cash desk (the limit depends on the rules of the agent bank - in some cases they can pay a million, but most often the amount is limited to one or two hundred thousand rubles). Otherwise, the depositor will be offered to come the next day, the required amount will be prepared. If in the application the depositor wished to receive money by bank transfer, the agent bank is given three working days for this.

5 Simultaneously with the money, the client is given a certificate of the amount paid/transferred. This document is especially important if your deposit exceeds 1.4 million and you plan to file a claim against the de-licensed bank in the future.

If the deposit compensation for some reason (not related to the refusal of the client) is not paid on time, the depositor has the right to go to court. You can request the following:

• forfeit;
• compensation for moral damage;
• payment of interest for the use of other people's money from the first day of delay.

History from life

I had a deposit of 200 thousand rubles in the ever-memorable "Bank-T". I knew that the bank was dumb, but they offered interest that was unstoppable (about 12.5%, even at that time very cool). As time went on, I deduced interest on my card. And then I saw in Yandex that the bank's license was revoked. I went to the DIA website - in the first line of the news there was a message about the deadlines for appointing an agent bank. I waited a few days, went back to the site - Sberbank was chosen as the agent bank. Deposits were not paid everywhere, the list of branches was also posted on the DIA website. In the branch that was closest to me, the department that served Sber's VIP clients handled the return of deposits. But there was a queue there too - not from the brawler grannies, but there was. The first time I came here was just to ask. They said they didn't need anything other than a passport. According to him, they break through the status of accounts. They immediately found me in the register, signed the application drawn up by the manager - and that's it, you can go to the cashier. I didn’t go to the cashier because I had an account with Sberbank and asked to transfer money to it. The transfer came instantly. What was pleasantly surprised, even the interest for the last month of service was compensated. "Bank-T" paid interest on the last day of the month, and until November 30, he did not finalize. I thought that I would not receive anything in November or the maximum at the “on demand” rate, but they paid at the usual rate - another 1,700 rubles plus kopecks in addition to the body of the deposit.

DIA office in Moscow at the address: Vysotskogo street, 4

Frequently asked Questions

Are all types of bank deposits insured?

No, not all. The law establishes a clear list of deposits, the compensation of which the state guarantees:

• on demand and urgent;
• on salary, pension and scholarship bank accounts;
• on IP accounts (in banks deprived of a license after January 1, 2014).
• on accounts owned by guardians and custodians, but opened on minors or incapacitated (in banks whose license was revoked after December 23, 2014).
• on special accounts () opened by individuals for settlements on real estate transactions (in banks that remained without a license after April 2, 2015).

And here are some banking products that do not fall into the deposit insurance system:

• Funds on deposits of lawyers, notaries, etc., if these accounts are opened for professional activities.
• Bearer deposits of individuals.
• Funds transferred by individuals to banks for trust management.
• Deposits opened in branches of Russian banks outside the Russian Federation (CERs do not apply to foreign countries).
• Deposits in electronic money.
• Funds in nominal and escrow accounts (other than those mentioned above).
• Funds on unallocated metal accounts.

Are deposit interest insured?

Yes, they are insured, but only if they were added to the principal amount of the deposit before the start of the bankruptcy procedure. Let's look at a few examples for a better understanding:

Example #1

You have placed 100,000 rubles on a deposit for a year and accrue interest at the end of the term. Suppose that six months after the conclusion of the contract, the bank's license was revoked. Since your money has not lain on the deposit for a year, it means that interest has not been accrued to you, which means that they are not subject to insurance.

Example #2

You placed all the same 100,000 rubles on the deposit, for a year and interest at the end of each month. Six months later, the bank's license was revoked. In this case, you will receive your deposit + interest for six months, as they were accrued and due to the deposit amount every month.

Are debit card accounts included in the deposit insurance system?

Deposit insurance applies to debit card accounts, the compensation procedure for them is the same as for other types of deposits. The exception is prepaid bank cards. Their funds are not insured.

History from life

At one time I had a Svyaznoybank plastic card, I lay it to myself, on it there was an amount of 15 tr “for a rainy day”. Somehow, just before the New Year, I heard on the radio that the bank had closed a month ago. At first I decided that the "stash" was gone forever, but still got into the Internet to look for ends. On the bank's website, there was an instruction to apply for payments to Sberbank - with a passport. Knowing our bureaucracy, I took all the documents with me - the original and copies of the contract with the bank and much more. And at the same time the account number of another card to transfer money there if everything goes well. The branch of Sberbank that I needed to contact was on the other side of the city, but I went there in good faith, thinking that they would hardly help me at the nearest office. They took me in 10 minutes. The employee took the passport and filled out the application herself. I signed. The employee herself went to the cashier with a check and brought me my 15 thousand. It all took exactly 20 minutes.

When can a payment be denied?

There are only three grounds for which you will not be paid a refund on your deposit:

• The registry does not contain information about you as a contributor.
• You provided incorrectly executed documents or did not provide any paper.
• The agent bank did not receive the register of depositors from the DIA.

The agent bank is obliged to provide you with a written explanation of the refusal to pay out the insurance indemnity.

History from life

For a long time they chose a bank to place money there, which they planned to later spend on buying an apartment, but for now earn on interest. Deposit insurance was one of the main conditions. We live in Samara, it seemed most convenient to open a deposit in the Volga-Kama Bank. From time to time they came, replenished, took statements - everything was as usual. And then there was a rumor that the jar was a skiff. We just had to make a contribution to the purchase of an apartment, alarmed, ran to the bank. A kilometer-long queue, of course, they didn’t see the money, but almost by force they knocked out a bank statement with account balances marked with a bank. And they calmed down. We waited for a "letter of happiness" from the DIA - and fell into shock. We are not listed! But we have a release! We wrote a counter-application to the Agency, attached a copy, we are waiting for a decision. A reply came from the DIA: you are not in the register. Didn't even look at the listing! If it were not for the State Duma deputy and the prosecutor's office, they would not have received anything. As a result, they paid only after 6 months.

What to do if you are not in the register of depositors?

The reason for such an unpleasant situation may be the negligence of bank employees (lost or destroyed documents on part of the depositors, employees were fired, there is nowhere to look for ends) or the so-called "off-balance sheet deposits" - when money was taken from depositors, but not carried out according to the documents, issuing fake papers to customers. As a result, you have an agreement in your hands, but there is no information in the bank that you made a deposit. Accordingly, when applying to the agent bank for compensation, you will receive a refusal. This had to be experienced, for example, by depositors of Krossinvestbank, Miko-bank, Stella-bank, where the number of "notebook" deposits approached 100%.

Introduction. General overview of activities

The Deposit Insurance Agency was established in January 2004 on the basis of the Federal Law of December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation" . The agency has the following functions:

Ensuring the functioning of the deposit insurance system;

Implementation of the functions of a bankruptcy trustee (liquidator) of insolvent credit institutions;

Financial rehabilitation (sanation) of banks.

The Agency maintains a register of DIS member banks, pays depositors insurance compensation on deposits in the event of an insured event, and manages the Compulsory Deposit Insurance Fund (CFIF).

To predict the Fund's cash flows, a methodology is used to assess the financial stability of the compulsory deposit insurance system, using statistical processing of bank reporting data, as well as historical data on their bankruptcies.

For a quarterly assessment of CER insurance risks, along with an econometric model, models are used that allow assessing the financial stability of banks based on information about their credit ratings, as well as current market quotations of securities issued by banks, and expert assessments.

The Fund's resources are invested on the principles of repayment, profitability and liquidity of acquired assets. For the DIA, as well as for all other state corporations, the Government of the Russian Federation establishes the general procedure and conditions for investment, as well as the procedure and mechanisms for monitoring the investment of temporarily free funds.

The list of permitted assets for investing the Fund's resources includes:

Government securities of the Russian Federation and subjects of the Russian Federation;

Bonds of Russian issuers;

Shares of Russian issuers established in the form of OJSC;

Mortgage securities of Russian issuers;

Securities of international financial organizations admitted to placement and (or) public circulation in the Russian Federation.

It is not allowed to invest the Fund's resources in deposits and securities of Russian credit institutions.

The investment structure of the Compulsory Deposit Insurance Fund is determined annually by the Board of Directors of the DIA, taking into account the current and prospective situation in the investment markets.

The mechanism of insurance payments

If an insured event occurs in relation to a bank (its license for banking operations is revoked), its depositor is paid monetary compensation - compensation on deposits in the amount of up to 700 thousand rubles. In case of liquidation of the bank (declaration of it as bankrupt), its settlements with the depositor in the part exceeding the specified payment are carried out later, in the course of liquidation procedures (bankruptcy proceedings) in the bank (if the bank has funds).

To receive a refund on deposits, a citizen must submit to the DIA (or an authorized agent bank) an application and a document proving his identity (usually a passport). This can be done at any time from the date of the occurrence of the insured event until the completion of the liquidation (bankruptcy proceedings) of the bank, which, as a rule, lasts two to three years. In exceptional cases, if there are good reasons, the insurance compensation is also paid to persons who did not apply within these terms.

Compensation is paid directly to the DIA or through an authorized agent bank in accordance with the register of the bank's obligations to depositors. Payments begin no later than 14 days from the date of occurrence of the insured event. This period is necessary to receive information from the bank about deposits and the organization of settlements.

The average term for the actual start of payments is even shorter - 11.5 days. A gradual reduction in the period for the start of payments is a strategic guideline of the DIA, aimed at smoothing out the negative consequences of an insured event.

At the request of the depositor, the payment can be made both in cash and by transferring funds to a bank account indicated by the depositor.

The amount of insurance payments

In accordance with the current legislation, compensation for deposits is paid to the depositor in the amount of 100 percent of the amount of deposits in the bank, but not more than 700 thousand rubles. Foreign currency deposits are recalculated at the exchange rate of the Bank of Russia on the date of the insured event.

When calculating the amount of the insurance indemnity, the amounts of the bank's counterclaims against the depositor are subtracted from the total amount of deposits.

The amount of compensation in one bank cannot exceed 700 thousand rubles, even if the depositor keeps money in several accounts. However, if he has deposits in different banks, in each of them the maximum amount of compensation will be 700 thousand rubles.

The maximum amount of insurance indemnity and the history of its increase:

During the activity of the DIA as of April 2012, there were 120 insured events. 330.6 thousand people applied for insurance compensation for a total amount of 59.5 billion rubles.

Register of DIS member banks

As of September 2012, 892 banks were DIS participants:

Operating banks licensed to work with individuals - 783;

Operating credit institutions that previously accepted deposits, but lost the right to attract funds from individuals - 10;

Banks in the process of liquidation (bankruptcy proceedings) - 100

Sign “Deposits are insured. Deposit insurance system»

The participation of the bank in the system of compulsory deposit insurance is evidenced by the sign registered by the Agency “Deposit insurance system. Deposits are insured.

The sign can be used by a bank participating in the deposit insurance system by placing it on the glasses of operating cash desks, on information stands, at the entrance to the bank's premises, on its ATMs, annual reports, on bank cards issued by the bank and other information carriers for customers.

The sign may be included in the forms of deposit/account agreements concluded with individuals, provided that the funds under these agreements are subject to insurance. The Bank is also entitled to place the sign on its website on the Internet.

Bankruptcy proceedings (liquidation) of credit institutions

In accordance with Federal Law No. 40-FZ of February 25, 1999 “On the Insolvency (Bankruptcy) of Credit Institutions”, Federal Law No. 395-1 of December 2, 1990 “On Banks and Banking Activity” and Federal Law No. 127-of October 26, 2002 The Federal Law “On Insolvency (Bankruptcy)” The DIA performs the functions of a liquidator and receiver of credit institutions.

The compulsory liquidation procedure is carried out at the request of the Bank of Russia on the basis of an arbitration court decision if the value of the property (assets) of a credit institution whose banking license has been revoked by the Bank of Russia is sufficient to fulfill its obligations to creditors and obligations to make mandatory payments. If the property (assets) of a liquidated credit institution is not sufficient to satisfy the claims of creditors, then, based on the decision of the arbitration court, a bankruptcy proceeding procedure is introduced in respect of it.

Appointment of the DIA as a bankruptcy trustee (liquidator)

The arbitration court appoints the DIA as a receiver (liquidator) in the following cases:

If the credit institution had a license from the Bank of Russia to raise funds in deposits from individuals;

If it is not submitted to the arbitration court in the manner prescribed by the Federal Law "On Insolvency (Bankruptcy)" for the approval of the candidacy of the bankruptcy trustee - an individual, in case of bankruptcy of credit organizations that did not have a license from the Bank of Russia to attract funds from citizens in deposits;

When the bankruptcy trustee (liquidator) is released or removed by the arbitration court - an individual;

In case of bankruptcy of absent credit institutions-debtors.

Statistics of Bankruptcy Proceedings (Liquidation) of Credit Institutions

As of September 2012, the functions of a bankruptcy trustee (liquidator) were carried out by the Agency in 116 credit institutions, of which: bankruptcy proceedings were taking place in 114, and compulsory liquidation in 2. 71 liquidated banks are registered in Moscow and the Moscow region, 45 - in other subjects of the Russian Federation. The number of creditors in liquidated banks as of the indicated date exceeds 65,000. The volume of established creditor claims in liquidated banks amounted to 279.8 billion rubles.

The average percentage of satisfaction of creditors' claims of 93 banks, in which bankruptcy proceedings have been completed, for the entire period of the Agency's activity as of January 1, 2012 amounted to 17%. In credit institutions, in respect of which bankruptcy proceedings were completed in 2011, creditors' claims were satisfied on average by 39.1%. At the same time, in three bankrupt credit institutions, the claims of creditors of all stages were satisfied in full.

Participants (shareholders) of seven out of fifteen credit institutions, where liquidation procedures were completed in 2011, after full settlement with creditors, the remaining property was returned.

From the beginning of its activities until June 2012 as a corporate receiver (liquidator), the Agency carried out liquidation procedures in respect of 288 banks and completed them in 172 banks.

Tasks of bankruptcy proceedings (liquidation). Representatives of the bankruptcy trustee. Information on the liquidation of credit institutions

In the course of bankruptcy proceedings (liquidation) of credit institutions, the Agency is engaged in:

Conducting an inventory and valuation of the property of a credit institution by engaging an independent appraiser;

Ensuring the safety of the property of the liquidated credit institution;

Establishing the requirements of creditors and maintaining their register;

Formation of the bankruptcy estate;

Making settlements with creditors of a credit institution;

Identification of signs of intentional and fictitious bankruptcy, as well as the circumstances of the bankruptcy of a credit institution, which are the basis for bringing the managers and/or founders of a liquidated credit institution to subsidiary liability.

The Agency exercises the powers of the bankruptcy trustee (liquidator) through representatives appointed by him from among his employees, acting on the basis of a power of attorney.

The legislation requires the Agency to regularly provide reports and other information on the progress of liquidation procedures to the Bank of Russia, the arbitration court and the meeting (committee) of creditors of a credit institution, including by publishing information messages on the course of bankruptcy proceedings (liquidation) in the media.

The formation of the bankruptcy estate for settlements with the creditors of the bank includes an analysis of the state of the property of the bank in liquidation, an inventory of assets and determination of their market value by conducting an independent assessment, the collection of existing debts to the credit institution from debtors, as well as organizing and conducting auctions of the property of the bank being liquidated.

In the course of bankruptcy proceedings (liquidation), the DIA identifies and contests transactions concluded to the detriment of the property interests of banks and their creditors (doubtful transactions), searches for and recovers from third parties illegally held property of the bank, declares a refusal to execute contracts and other transactions of the credit institution, if the execution by the credit institution of the said transactions will entail losses for the credit institution in comparison with similar transactions made under comparable circumstances, and also, if there are grounds, takes actions to bring civil and criminal liability to persons guilty of bringing the credit institution to bankruptcy.

Financial rehabilitation (sanation) of banks

Financial recovery tools (sanation)

The procedure for transferring part of their property and all liabilities to individuals under bank deposit/account agreements to financially sound acquiring banks was applied to three banks:

As of April 2012, the total amount of financing measures for the financial rehabilitation of banks, taking into account the repayment of the principal debt (including assets acquired by the Agency or received to repay loans) is 492 billion rubles, of which the Bank of Russia financed 345 billion rubles, due to the property contribution of the Russian Federation to the Agency - 147 billion rubles.

Management bodies and organizational structure of the DIA

The governing bodies of the agency are the board of directors, the board and the general director. The supreme governing body of the DIA is the Board of Directors, which includes seven representatives of the Government of the Russian Federation, five representatives of the Bank of Russia and the Director General of the Agency. Personal composition of the board of directors:

The organizational structure of the Agency includes.

The deposit insurance system in our country is imperfect, and the population is reluctant to give their money to banks. And all because of the lack of confidence in the reliability of institutions.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The deposit insurance agency is a guarantee that your money will not be lost in case of bank closure or license revocation. What are the legal grounds for the activities of such an organization?

What it is

The Deposit Insurance Agency (DIA) is a state-level corporation that performs mandatory deposit insurance activities.

DIA pays funds to an individual if one of the insured events occurs. The law that the Agency is guided by was approved on December 23, 2003 ().

Functions of the Deposit Insurance Agency

The main goal of the DIA is to ensure the functioning of the deposit insurance system.

To achieve it, the Agency performs a number of functions:

• organizes the accounting of a banking institution;
• collects insurance premiums and controls their receipt to the Compulsory Insurance Fund;
• takes measures to take into account the requirements of the depositor to banks and pay compensation for the amounts deposited;
• if necessary, applies to the Central Bank of the Russian Federation, offering to apply certain measures of responsibility in the event of a recorded violation (according to the procedure described in the law on the Bank of the Russian Federation, as well as other legislative acts);
• is engaged in placement or investment of temporarily free funds of the Fund for compulsory insurance of deposits in accordance with the law;
• if necessary, requires the bank to place information about the insurance system, as well as about the participation of banks in it, in certain buildings of the institution where depositors are served;
• responsible for determining the procedure for paying the insurance premium;
• takes measures to prevent the bank from bankruptcy;
• acts as a qualified investor; performs the tasks of a bankruptcy trustee in the event of a bank bankruptcy, etc.

The DIA has the right to conduct transactions for the sale of property objects (which are the subject of pledge) in order to ensure the fulfillment of the obligation of the credit firm-counterparty of the Central Bank of the Russian Federation under the loan. In order to perform all of the above functions, the Agency does not need additional permissions in the form of licenses.

What is an unfortunate event

The depositor can apply for compensation from the moment of occurrence of the insured event:

• if the license of the Central Bank of the Russian Federation for conducting activities has been revoked from the bank, provided that the plan for the participation of the DIA to settle the bank's obligations has not been implemented in accordance with the law approved on October 26, 2002 (in case of bankruptcy);
• if a moratorium of the Central Bank of the Russian Federation is introduced on the fulfillment of the requirements of the creditor of the bank.

Reimbursement procedure

To receive a refund, the depositor must write an application to the Deposit Insurance Agency. An identity card (passport) is also provided.

You can apply for funds from the moment the insured event occurs and until the bank is completely liquidated (this is about two years). The likelihood that you will be reimbursed for late submission of the documentation package is small.

This is only possible in the following cases:

1. If you have evidence that you were ill and could not go to the department on your own.
2. You were on a long business trip abroad.
3. You were in the military.

Funds are paid by the Agency (through an intermediary in the form of another bank) according to the register of banks' obligations to depositors, which is formed by a banking institution when an insured event occurs.

The amount will be reimbursed within 3 days from the date of application (2 weeks after the occurrence of the insured event).

The DIA needs such time to conduct checks, receive data from banks on deposits, and also in order to organize the settlement.

If an authorized person applies for the amount of compensation on behalf of an individual, then it is worth presenting a notarized power of attorney.

Procedure:

• the investor submits an application;
• The agency will issue an extract from the bank registers, which will indicate the amount of the deposit;
• information about the time and place of receipt of compensation will be published in the Bulletin of the Central Bank of the Russian Federation at the location of the banking institution;
• within a month from the receipt of the registers of obligations, the message will be sent to the bank's depositor;
• then the money is returned to the applicant. Reimbursement can be made in cash or non-cash payments, transferring to bank accounts, which the depositor will name.

If desired, the contributor can also receive funds using a postal order at his place of residence.

In the event that the agency did not return the funds in full, an individual has the right to demand from the bank the payment of the balance in accordance with the regulations of the Russian Federation, appealing the decision of the Deposit Insurance Agency in the courts.

Amount of compensation

The amount of compensation for deposits in banks, in respect of which one of the insured events has occurred, must be paid in the amount of 100% of the deposit made. But there is a limit - no more 1.4 million rubles in respect of those insured events that occurred after December 29, 2014.

If depositors have several deposits in one banking institution, then funds are transferred for each deposit, but the total amount cannot exceed 1.4 million rubles.

If there is an agreement on escrow accounts (with respect to individual entrepreneurs) that were opened for settlement when buying / selling real estate, the amount of compensation will be 100% of the funds in the account. The limit is 10 million rubles. Under such agreements, funds can be reimbursed separately from the rest.

When placing funds in foreign currency, the amount of compensation will be calculated in rubles in accordance with the exchange rate that is valid at the time of the insured event.

In cases where banks act as creditors to depositors, the amount to be returned will be calculated as follows: the amount of the banking institution's counterclaim to the depositor that arose before the revocation of the license or bankruptcy should be deducted from the amount of the bank's obligations.

Basic Questions and Answers

What deposits are considered insured?

Individuals' money placed in a deposit and in a bank account can be insured. It does not depend on which country the depositor is a citizen of.

These include:

• time deposit, currency deposit, demand deposit;
• current account, also the one that is used for making payments with a plastic card, earning money, pension payments;
• money in IP accounts;
• money in the account of the guardian, whose beneficiary is the ward.

From what date are deposits considered insured?

Deposit insurance is carried out from the moment when the bank is included in the register of banks participating in the insurance system. This is the responsibility of the DIA Corporation. The depositor should not take any action.

What about interest - is it insured?

Interest on deposits is insured in those cases when they were transferred to the total amount in accordance with the rules described in the agreement or in the regulatory acts of the Russian Federation.

According to the legislation, when revoking licenses, the deadline for fulfilling obligations to the investor is considered to have come. This means that all interest will be added to the total amount, and included in the calculations for insurance compensation.

What amount will be given to a depositor who has deposits in several branches of one banking institution?

Such contributions will be identified as one. When calculating the amount of compensation, DIA representatives will be guided by general rules: 100% of the amount will be issued, but not more than the established limit.

This does not apply to spouses' deposits if they are in the same bank. Both husband and wife will receive 100% of the deposit amount, but no more 1.4 million rubles established by law.

How is the calculation of funds on deposits, if they are placed in the same branch of the bank?

In such cases, the balances of all deposits for which the person is considered the beneficiary are summed up. If the amount exceeds the refund limit, the funds will be paid out for each deposit in accordance with its size. For example, a depositor had 2 deposits in a banking institution ( 1.9 million rubles and 900 thousand rubles.)

The deduction amount will be:

The bank offered to transfer funds to another bank without opening accounts. Is it possible to agree?

In this case, the contract will be terminated. And (according to the law) only those funds that are placed in the bank and backed by a bank deposit agreement are insured.

Therefore, the client of the bank will lose the right to compensation in the event of an insured event. In addition, in case of early termination of the contract on your initiative, you will not be able to receive interest on the deposit.

The bank does not return the deposit and asks the client to terminate the contract. What are the consequences for the investor?

If a banking institution does not return funds, then there is a possibility that its license has been revoked. In this case, you will be able to receive the amount of compensation from the Deposit Insurance Agency. But, if you file an application for termination of the contract ahead of schedule, you lose this right.

Do not follow the lead of the bank representative, because then you will lose not only the opportunity to receive the amount of compensation, but also the interest on the deposit.

What liability does the Agency expect in case of non-payment of reimbursement amounts on the deposit on time?

If the DIA did not transfer a certain amount to the depositor in a timely manner, the depositor has the right to file claims against the deposit insurance agency. The corporation will have to transfer interest on the amount of non-payments at the refinancing rate set by the Central Bank.

Bank liquidation

According to the law approved on February 25, 1999, the law (dated December 2, 1990), law No. 127-FZ (dated October 26, 2002), the Deposit Insurance Agency performs the function of a liquidator and receiver of a credit institution.

Forced liquidation is carried out when an application is submitted by the Central Bank of the Russian Federation, and the basis for this is the decision of the arbitration court.

This is possible if the price of the property of the credit company whose license has been revoked is sufficient to fulfill the obligation to the borrower and obligations to transfer the mandatory payment.

If there are not enough property objects to satisfy the requirements of depositors, then, in accordance with the decision of the arbitration court, the bankruptcy proceedings are carried out.

The DIA is appointed by the bankruptcy trustee in accordance with the decision of the arbitration court in such cases:

• the credit institution had a license from the Central Bank of Russia to raise money as a deposit of an individual;
• in case of failure to submit to the court for approval the candidacy of the bankruptcy trustee - an individual, if the company becomes bankrupt, and there is no license from the Central Bank to attract money from the population to the deposit;
• if the release or removal by the court of the bankruptcy trustee - an individual is received;

The Agency must submit reports and other information on the course of liquidation to the Central Bank, the Arbitration Court. The meeting of borrowers of credit companies is also informed.

The bankruptcy estate for settlements with depositors includes:

• analysis of the state of property objects of banks that are being liquidated;
• conducting an inventory of the asset;
• determination of the price of assets by evaluation by independent structures;
• collection of funds from the debtor on loans;
• behavior of trading in property objects of a credit institution that is being liquidated.

During liquidation, the Agency identifies and disputes transactions that were concluded to the detriment of the property interest of the bank and its borrowers. A search is being made for property objects that are illegally held by third parties.

Moreover:

1. Has the right to refuse to execute the contract and other transactions if losses may be incurred.
2. The DIA can bring to justice those citizens who are guilty of the bank's bankruptcy.

DIA is a corporation that allows depositors to deposit money with confidence in banks, because they will be insured. After all, individuals will receive the deposited amount from the Deposit Insurance Agency in the event that an insured event occurs.

Video: Profitable place: deposit insurance system

Your feedback

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
• All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.

Therefore, FREE expert consultants are working for you around the clock!

Not so long ago I checked on my own skin how the Deposit Insurance Agency works. I want to note that I did not find any shortcomings. Efficiency is at the highest level, employees meet all deadlines.

I invested money (200 thousand) in T.'s bank, which has now become famous because of its problems. I assumed that it was not advisable to entrust my funds to such a bank, but I hoped to receive the promised 12%, and opened a deposit.
At first, the interest was dropping safely, but then the license was revoked from the unfortunate institution.

I contacted the DIA after reading all the information on their website beforehand. The money was paid through Sberbank. In fact, we had to stand in line. I only took my passport with me.
Compensation was made even for the interest that was accrued for an incomplete month. Agree, it's nice to receive in addition to the contribution
an additional 1.7 thousand rubles.
At my request, the funds were transferred to my Sberbank account.

Since I actually checked the work of the Agency and was quite satisfied, I can recommend that others also insure their deposits. If the bank closes, then there will be no need to worry about the lost "hard money".

I never thought I'd get into something like this. Before making a deposit, I was interested in banks, checked their reliability in all possible ways, found out how resistant they were to market fluctuations.
We contacted the bank whose accounts were transit (transferred funds for a mortgage loan). At that time, when problems began in the institution, the overdue amount was far from 20 thousand rubles. We took them to the bank, left a request for transfer. But payments did not come, and the reasons were not announced. It took a long time to sort out and find out where our funds had gone.
Then they turned to the Deposit Insurance Agency. The amount was returned.
Pros - nice staff who will not say a rude word, advises on all issues, helps to solve the problem. The money was refunded fairly quickly. Moreover, the amount can be transferred both in cash and non-cash payment.
In addition, on the official service you can subscribe to the newsletter, and you will receive all the information about the situation with the bank (its bankruptcy), which I did.
The work of the organization can be evaluated on all "5", but it's better if you don't have to deal with it!

In order for depositors to live in peace and not worry about their savings and savings, the state created the DIA corporation. About 830 banks are already included in this system, which in case of force majeure guarantees the payment of all investments. Let us consider in more detail what is the essence of the Insurance Agency and what is its role.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What it is

The financial foundation of the CER is the compulsory insurance fund. Due to this organization, payments on deposits take place, and the costs of coordinating payments are compensated. The main source of formation of the fund are the payments of depositors.

Any assets of individuals can be insured, except for:

• Deposit accounts of lawyers and notaries;
• Bearer deposits;
• Accounts opened in branches of a particular bank abroad;
• Funds that were transferred to the bank for trust management;
• Electronic accounts.

Pension Savings Guarantee System

This is a special development of the state, which is implemented in accordance with Federal Law No. 422.

The main goal of the system is to guarantee pension savings for individuals who form a funded pension in the Pension Fund of the Russian Federation or in any NPF that carry out activities for compulsory pension insurance.

The accumulative part of the pension provision consists of:

• Employer payments for persons born in 1967 and younger;
• Payments under the co-financing program;
• Shares of funds aimed at compiling a funded pension, which were taken from maternity capital;
• Dividends received from the contribution.

Savings are guaranteed by the corporation through the payment of mandatory compensations.

This happens when one of the cases is set:

• Revocation of a work permit from NPFs;
• Recognition of NPF as a debtor;
• Opening bankruptcy proceedings against NPFs;
• Insufficient amount of funds on the day the pension payments are established to the person;
• Reducing the amount of the PFR reserve below the minimum level set by the Government of the Russian Federation.

The State Corporation Deposit Insurance Agency gives guarantees for the payment of all funds reflected in the accounts of the funded pension of an individual, except for investment income. At the same time, the amount of payments cannot be reduced and is guaranteed in full.

The main source of formation of the financial basis of the pension savings guarantee fund is the guarantee contributions of the NPF, registered in the pension savings guarantee system, and the Pension Fund of the Russian Federation.

Starting from 2015, the DIA maintains a register of NPFs.

Bank liquidation

According to Federal Law No. 40, Federal Law No. 395-1, Federal Law No. 127, the corporation manages bankruptcy procedures for financial organizations.

The Court appoints the Agency as a liquidator:

• Upon liquidation of a financial institution that had a license from the Central Bank of the Russian Federation to raise funds for deposits;
• In case of bankruptcy of debtor banks;
• When another liquidator is removed;

The purpose of the agency as a liquidator is to ensure effective work in case of bankruptcy, strictly observing the rights and interests of creditors, banks, citizens and the state.

By opening deposit accounts in banks, citizens protect their finances from inflation. How safe it is, and what role the Deposit Insurance Agency plays in this, you will learn from this article. Assess its role in the implementation of government programs (*).

The Deposit Insurance Agency (DIA) has been operating since 2004 on the basis of Federal Law No. 177 of December 23, 2003 “On insurance of deposits of individuals in banks of the Russian Federation”. The main goal of the Agency is to insure deposits of citizens. In case of deprivation of the bank's license, the DIA finds an agent bank through which it makes payments in the amount not exceeding 1,400 thousand rubles, without waiting for the liquidation procedure to be completed.

Therefore, DIA solves several issues at once:

• ensures the stable operation of the bank;
• creates a higher level of depositors' confidence in the system;
• prevents panic among depositors;
• creates conditions for long-term deposits of the population.

The Agency not only protects the deposits of the population, but also creates equal conditions for all banks, thereby reducing the level of competition between them in terms of attracting finance.

If earlier Sberbank had a great advantage in attracting deposits, now any commercial bank can compete with it in this area.

For deposit insurance, you do not need to fill out an application and other documents. The procedure is carried out on the basis of legislation that requires all existing financial institutions involved in attracting deposits from the public to participate in the program.

When paying compensation on foreign currency accounts, recalculation of finances is made on the date of deprivation of the bank's license.

All functions of the DIA are listed in Article 21 of Law No. 177-FZ of December 23, 2003, namely the Agency:

1. renders a verdict on the inclusion of a financial organization in the register of banks, or its exclusion in accordance with the law;
2. resolves the issue of financial compensation to depositors;
3. makes a proposal to the Bank of Russia to hold a financial organization liable in accordance with Article 74 of Law No. 86-FZ of 07/10/2002;
4. makes proposals on the amount of insurance compensation and general improvement of the insurance system;
5. notifies the board of directors of a deficit formed in the deposit insurance fund;
6. in case of revealing a profit, the DIA notifies the board of directors about this and expresses wishes for its use;
7. evaluates the annual accounts of the fund and submits them to the management for approval;
8. reviews the staffing table, makes adjustments to the terms of employment of DIA employees, determines the amount of remuneration, bonus payments and penalties for employees;
9. exercise other powers approved by the Federal legislation.

Today, almost all banks are members of the DIA. This is informed by a special sign, which is placed in prominent places, on stands, in leaflets, on contracts. It is also allowed to be used in advertising.

The DIA reports directly to the board of directors. It consists of: members of the Government of the Russian Federation, representatives of the Bank of the Russian Federation and a director.

DIA is located at the address: Moscow, st. Vysotsky, d.4. In addition, on the site, you will find a phone number by which you can contact specialists.

The maximum compensation that a depositor can count on in one bank is 1,400 thousand rubles. Therefore, if you plan to open a deposit for a large amount, do it in several banks - the risk of losing finances will be reduced significantly.

Depositors who have on their accounts an amount exceeding the insurance indemnity can apply directly to the bank with an application for the payment of finances. The procedure takes place in a competitive manner, where the DIA takes direct part, acting as a manager.

If, in addition to a deposit, a person has a loan in this bank, insurance payments will first of all go to cover debts to a financial institution.

In the event of an insured event, information about the revocation of a banking license is posted on the website of the Central Bank of the Russian Federation. Usually, already on the next day, the DIA draws up information about the occurrence of an insured event.

Within the next three days, an agent bank is selected through which payments will be made. Then, within seven days, the DIA publishes information on the exact place, time and procedure for paying insurance compensation. Registers of contributors are formed, which subsequently receive information in writing.

Further, in order to receive a refund, the depositor needs to contact the agent bank. A person can exercise his right to receive finance for two years. Later, a citizen can apply to the DIA with an application for the restoration of the term. The legislation establishes specific cases in which such a statement is possible.

The application form can be obtained directly from the bank, or printed on the DIA website.

You can receive financial compensation both in cash and in the form of a transfer to open accounts in other financial institutions.

1. Opening deposit accounts with several banks is the best way to keep your deposit.
2. You can find out information about the occurrence of an insured event on the DIA website.
3. Before opening a deposit, carefully read the agreement.