Selecting the deposit term. Features of early termination of a deposit agreement

Open on long term deposits in Russian banks are quite profitable for the client, because they provide a higher interest rate than for a short deposit period. Depending on the terms of a separate agreement, it is possible to replenish the deposit or withdraw part of the invested funds. Interest can be paid at the end of the term, annually or quarterly; bankers often offer capitalization of accrued interest. But what if the investor decides to terminate such an agreement and demands to return his money ahead of schedule? In this review, we will look at a similar situation using the example of the country's largest bank and tell you how to close a deposit in Sberbank, noting the methods, conditions and features of the procedure.

Is it possible to close a deposit in Sberbank ahead of schedule?

At the same time, the client may be refused if the application to the bank was received on a non-working day or if he arrived at the branch, for example, 10 minutes before it closed. A situation may also arise when the investor requested his money ahead of schedule, but the organization does not have this amount at the moment. Some institutions stipulate a condition in the contract, according to which the client must notify the company in advance of early termination of the agreement (for example, 2-3 days in advance).

And yet, the provisions of the Civil Code take precedence over the conditions of creditors. Therefore, money must be given to the investor upon request.

If you are faced with a refusal to issue money on a deposit by closing it, immediately go to the central office banking structure. You can also call the number hotline and ask to indicate at which address closest to you you can pick up the money if it is not in the vault at the place of application. If you have other arguments or suspicious behavior of the bank, go to lawyers, take the organization to court, prove your case by any means.

The last one and a half to two years have become a real test for investors. On the one hand, the bank is the most reliable place to save and at least slightly increase money, on the other hand, it is difficult to accurately plan the timing of the deposit and resist panic sentiments such as “buy, otherwise the price will rise.” Saving interest in case of early termination of the deposit is the Achilles heel of any deposit. About how not to lose interest if you withdraw your deposit ahead of schedule- our material for today.

The bank is obliged to return the client’s funds upon request

According to Article 837 Civil Code, the bank is obliged to return the money to the client upon his first request. According to the same article, the bank is obliged to return to the client at least the same amount that he placed on deposit. Any penalties for early return of the deposit are illegal.

There are no official statistics, but according to personal estimates of bank employees, from 15 to 30% of deposits are closed ahead of schedule. Moreover, the higher the contribution, the greater the chance that he will “live” to the end of the allotted period. In addition, according to unofficial statistics, deposits opened through online banking services (so-called online deposits) are more often closed early. The reason is simple: such deposits are easy not only to open, but also to close, without visiting a bank branch.

A prerequisite for profit (interest) on any deposit was previously considered to be the placement period. That is, interest on a deposit for a period of 1 year was paid on the last day of the deposit’s validity, a year later. I closed the deposit even a day earlier - interest is not paid or accrued at a minimum amount (so-called “demand” deposits with a yield of 0.01 to 0.5% per annum depending on the bank). However, competition between banks is unstable economic situation radically changed one of the oldest banking services. Offers appeared in which interest on the deposit was paid even in case of early termination.

Today, many banks provide depositors with the opportunity to close their deposits early while saving interest. However, there are two “buts”:

• interest is paid later certain period"life" of the deposit
• interest is not paid in full.

Let's look at these conditions in more detail. It is impossible to receive interest on a deposit that was opened yesterday and closed today. In most cases, the depositor receives the right to interest after the deposit has been in the bank for at least a third, and ideally half of the allotted period. In case of annual deposit it's either 3-4 months or six months. In this case, interest will be paid the same as for annual contribution closed after 6 months, and for an annual deposit closed a week before expiration. It's a little disappointing, but better than nothing.

If you close your deposit early, the vast majority of banks will not pay you interest in full. At best you can expect half of that due interest or even by a third. In other words, if you opened a deposit for a year at 9%, then six months later, if you close the deposit early, you will receive 4.5% per annum.

Increased competition for investors' money has led to an even more interesting phenomenon - non-burnable interest. In 2013, it was offered on a permanent basis (not a promotion) by Interkommerts Bank, which became a pioneer in this type of service. The essence of the deposit: deposit for a period of 1 year and 11% per annum with the possibility of replenishment. In this case, interest on early termination was paid proportionally after 31 days of deposit validity. In other words, if you withdraw the deposit a month later, you will receive 1/12 of the interest on the deposit; if you withdraw it after 3 months, you will receive 3/12 of the interest on the deposit. The scheme was very convenient and profitable for clients who could fix their profits virtually every month. But in February, the Central Bank revoked Interkommerts’ license to operate banking activities. Accordingly, now depositors do not have the opportunity to fully save interest if the deposit is closed early.

Early closure of a deposit is a risk for the bank

For a depositor, the opportunity to withdraw a deposit without losing interest is a huge plus. This is also a plus for the bank, since the more attractive options for the client, the lower the interest on the deposit. However, the presence large quantity deposits with the possibility of early withdrawal with full or partial retention of interest - a time bomb for the bank. At the slightest spread of rumors about a loss of liquidity or other problems at the bank, the number of closed deposits will grow exponentially. Given the level of development of communications and the speed at which panic spreads, this can create real problems for almost any bank. However, this is unlikely to worry investors.

How else can you avoid losing interest if you close your deposit early?

A holy place is never empty, but the brave souls who are ready to offer investors such favorable conditions are still in Russian financial market No.

However, today there are quite a lot of offers on the financial market that take into account the interests of both banks and depositors. It's about, of course, about deposits with the possibility of partially saving interest upon early withdrawal. Most often we are talking about saving 1/3 - 2/3 of interest rate upon early closure of a deposit opened for a period of 1 year or more. There is also a clear connection: the longer the deposit remains, the higher the interest rate for its early termination.

An approximate table for receiving interest upon early closure of a deposit (for some types of deposits)

Reminder when opening a deposit

1. Choose a deposit for exactly the period during which you will not need this amount of money.
2. Choose a deposit with the possibility of remote opening (online banking).
3. Give preference to deposits for a period of six months to a year with the possibility of replenishing and withdrawing interest (the longer the deposit remains, the higher the risk that you will withdraw it ahead of schedule). It is better to open a deposit on short term, make a profit and roll over the deposit).
4. Be sure to check whether interest is retained if the deposit is closed early.
5. Check whether the contract specifies any penalties for early withdrawal of the deposit. If there is such a clause, then it is illegal.

Termination of a bank deposit agreement can occur at the initiative of any of its participants, when the depositor needs to return the funds deposited for storage, or by force of law. Next, we will understand under what circumstances the parties have the right to terminate the deposit relationship early and what features are recommended to be taken into account.

Early termination of a bank deposit agreement

In some cases, the parties to the transaction in question have the right to terminate it early.

IMPORTANT! Only the investor has the right to terminate the contractual relationship without cause. Moreover, by agreement with the legal entity-investor this right unilateral termination can be canceled, and such a right cannot be limited by an agreement with an individual depositor, with the exception of a deposit certified savings certificate, which does not provide for the right to receive a deposit early (clauses 2, 3, Article 837 of the Civil Code of the Russian Federation).

The bank must return the deposit, as well as accrued interest, regardless of the expiration date of the contract. The exception is the deposit, the conditions for the return of which may be established by the parties.

According to Art. 856 of the Civil Code of the Russian Federation (Chapter 45 of the Civil Code of the Russian Federation applies to the relationship between the bank and the client on the account) in case of failure to fulfill the obligation to return funds under a terminated transaction credit organisation will be required to pay interest in accordance with Art. 395 of the Civil Code of the Russian Federation. If a citizen is forced to go to court for the funds due to him, the bank will have to pay an additional fine and compensate for moral damages (Clause 6, Article 13, Article 15 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-I, hereinafter referred to as Law No. 2300-I). An example is the appeal ruling of the Saratov Regional Court dated November 22, 2016 in case No. 33-7708.

Termination of a contract at the initiative of a credit institution

A transaction with a private person can be terminated by the bank if there is a significant change in circumstances that do not give the latter the opportunity to fulfill assumed obligations, on the basis of Art. 451 of the Civil Code of the Russian Federation. Thus, the Constitutional Court of the Russian Federation, in its ruling dated October 14, 2004 No. 391-O, indicated that an organization acting as a party to a public contract, in the absence of the actual possibility of fulfilling its obligations due to a significant change in circumstances, should not be deprived, taking into account Art. 17 of the Constitution of the Russian Federation, the right to protect one’s interests by filing a demand for termination of the transaction.

Also, the credit institution, on the basis of clause 5.2, clause 11 of Art. 7 of the Law “On Combating Money Laundering...” dated 08/07/2001 No. 115-FZ has the right to terminate the contract early if within 1 year a decision was made twice or more to reject the client’s orders due to:

• lack of necessary documentation;
• the presence of data suggesting that the order is made for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.

The law allows the bank to stipulate in the contract the conditions for its possible termination:

• at partial withdrawal citizen Money(resolution of the Federal Antimonopoly Service of the Volga District dated April 21, 2014 in case No. A65-13976/2013);
• undisputed debiting of funds from the deposit (resolution Arbitration Court North Caucasus District dated August 11, 2016 in case No. A25-963/2015).

Termination of the contract at the initiative of the client

A citizen has the right to terminate a transaction if he learns that the deposit was accepted by an unauthorized person or in violation of the order. In this case, the bank will be obliged to:

• return the funds, client-owned(Clause 2 of Article 835 of the Civil Code of the Russian Federation);
• pay interest in accordance with Art. 395 of the Civil Code of the Russian Federation for the amount of the deposit;

Interest for using the deposit is not compensated.

If the deposit was accepted by an unauthorized person commercial organization, contract with credit institution declared invalid (Article 168 of the Civil Code of the Russian Federation).

Also, the investor has the right to early termination of the relationship if the counterparty, in violation of the law, has not fulfilled or lost the security of the transferred funds (clause 4 of Article 840 of the Civil Code of the Russian Federation). In this case, the bank is obliged to immediately:

• return the deposit;
• pay interest in accordance with Art. 809 Civil Code of the Russian Federation;
• compensate for losses (Article 15 of the Civil Code of the Russian Federation).

Because relations are often formalized by the parties signing a contract form approved by the credit institution, in accordance with Art. 428 of the Civil Code of the Russian Federation, the client has the right to demand its termination if:

• by virtue of the transaction he was deprived of the rights usually granted in such cases;
• the contract contains conditions that are clearly onerous for him, which he would change if he had the opportunity;
• the contract excludes or limits the bank's liability.

For example, Leninsky district court The city of Kostroma, in an appeal ruling dated December 27, 2013 in case No. 11-98/2013, indicated the legality of the client’s termination of the agreement with the bank due to the latter changing the terms of the transaction unilaterally.

Features of termination of deposit relationships

When terminating a deposit agreement, the following features should be taken into account:

1. The provisions of Law No. 2300-I, which determine the responsibility of the contractor for late provision of services, do not apply to relations for the return of the deposit, since there is a special rule - Art. 856 of the Civil Code of the Russian Federation. Example - Definition Supreme Court Russian Federation dated September 27, 2016 No. 88-KG16-7.
2. If the bank begins to experience difficulties, depositors, withdrawing their deposits prematurely while the license is not taken away, lose money, because in such a situation, interest on the deposit amount is recalculated at the demand deposit rate.
   IMPORTANT! Deposits of private individuals are insured by the state (Article 11 of the Law “On Deposit Insurance...” dated December 23, 2003 No. 177-FZ), and if the license is revoked, depositors will receive compensation.
3. If the deposit is made by a legal representative in the name of a minor child, the consent of the guardianship and trusteeship authorities is required for early termination of the transaction and receipt of funds (Article 37 of the Civil Code of the Russian Federation).

An example is the appeal ruling of the Sverdlovsk Regional Court dated May 20, 2016 in case No. 33-8239/2016.

A bank deposit agreement may be prematurely terminated by the parties in cases specified by law and discussed in this article. Only the individual. The bank is obliged to return the deposit and accrued interest. If the contract was a fixed-term contract, the bank will recalculate interest at the demand deposit rate (it is less than that of a fixed-term deposit). Opportunity early termination deposit relationship depends on the terms of the concluded transaction.

Russians felt the importance of having a preferential condition for early termination in a deposit agreement especially acutely in December last year. Then banks began to sharply increase the rates on their deposits to 18-25%, compared to the existing ones that were 2-3 times cheaper up to that point, so depositors rushed to transfer money from old accounts to new ones with increased profitability.

Currently, according to the law, all private deposits are revocable, i.e. they can be withdrawn at any time upon request, even though the contract was concluded for a certain period. True, most deposits will sharply reduce the rate of return to the “on demand” level, i.e. up to 0.1-0.001% per annum. And in order not to lose at least part of the initially agreed upon interest, you should find a deposit that provides early termination benefits. Exactly like this banking offers described in our current review.

Today's largest Russian bank– Sberbank (which stores almost half of Russians’ funds in accounts) offers its depositors a maximum rate of 9.3-10.3% per annum. Almost all Sberbank deposits are terminated early on the condition that part of the rate is retained in the amount of 2/3 of the originally agreed upon.

Inflation in March 2015 was recorded at 16.9% (annualized). The Ministry of Economic Development's forecast for price growth this year is about 11% (average value for the year), although other experts speak of a higher figure.

It is interesting to compare the rates of similar deposits today and a year ago. Then the maximum deposit interest reached 10.6-11.2% per annum.

Last averaged maximum bet deposit, which was recorded in banks from the TOP-10 based on the results of the second ten days of April 2015 - 12.97% per annum (compare with 15.63% in the third ten days of December 2014 and 8.62% in the second ten days of April 2014).

Arksbank, deposit Profitable+

The agreement is drawn up with a minimum investment amount of 100,000 rubles. The deposit rate depends on the exact period: 16.75% after 360 days, 18.25% after 367 days. Quarterly accrued interest can be capitalized, thereby increasing profitability, or taken in the form of rent. Replenishment is possible with an amount of 10,000 rubles.

In case of early withdrawal of savings, the income that was previously accrued based on the results of previous quarters will be fully preserved.

The bank, which began its activities in Voronezh 23 years ago, recently moved its head office to Moscow. In addition to 9 branches in the capital, there are offices in six other regions of central and southern Russia.

Crossinvestbank, Seize the moment deposit +

The offer has one term - 367 days and the average size profitability for any amounts from 100,000 rubles. – 17.3% per annum. It is this final profit that is calculated based on a ladder of four different rates from 15 to 20% per annum, changing every three months throughout the entire term. Minimum for additional contributions– 30,000 rub.

Interest is fully preserved in case of early payment only after the 271st day of keeping the deposit in the bank.

Until now, the bank's business has been well diversified from systemic risks, despite the small amount of capital. There are 5 branches in the capital. Clients of financial institutions use ATMs of other banks in the ODS network.

Euromet, contribution Maximum income

Amounts from 200,000 rubles are accepted for deposit. for a period of 365 days. A flat rate of 16.69% applies to any investment. Interest is capitalized and subsequently paid at the end of the contract term. Additional contributions are accepted only during the first half of the year, but without restrictions on the amount.

In case of early termination of the contract, in order to take advantage of the benefits to maintain a return of 5% or 10% per annum, the deposit must be withdrawn on the days strictly defined by the contract.

The Moscow financial organization has one office each in the capital and in St. Petersburg. The sole shareholder of the bank is a well-known businessman in the field of development projects in the Moscow region.

Tempbank, deposit Kopilka

Down payment from minimum limit 10,000 rub. complemented by other loyal conditions. For example, replenishment – ​​from 1,000 rubles. during the first 10 months of the contract. The deposit validity period is 367 days. Interest accrued monthly can be either capitalized or paid into a separate account.

Termination of the contract before the expiration date, starting from the second half of the deposit, will lead to a change in the rate to 9% per annum. Earlier withdrawal dates will result in a demand rate.

A small Moscow credit institution, in addition to 5 offices in the capital, has branches in a dozen other cities in Russia. The bank is owned by almost 2.5 thousand shareholders, most of whom are private individuals.

Military Industrial Bank, Comfort deposit

The exact deposit rate depends on its size and term. On deposits lasting 367 days you can earn 16.3-16.5% per annum. The minimum allowable amount of the first payment is 5,000 rubles, the same as the amount of additional contributions allowed during the term of the agreement. Income is paid at the end of the term. The deposit can be partially spent.

Preferential early termination begins from the third month of storage. Here the range of rates is 8.8-15% per annum depending on actual term and amounts.

The branch network of the Moscow bank covers more than a dozen Russian cities. There are 10 branches in Moscow. VPB attracts funds not only from the population, the Central Bank also trusts it with its borrowed funds.

National Bank "Trust", deposit Generous interest

Having invested 30,000-1,000,000 rubles, the investor will receive 14.75% per annum at the end of the term. Savings over a million cost 15%. Such conditions are valid for periods of 181 and 367 days. Automatic renewal and the possibility of opening a deposit via the Internet are provided. There are no additional payment or partial expense functions.

A deposit that has been in the bank for less than the full period, but more than three months, will, if withdrawn early, reduce the yield to 7% per annum.

Trust is a fairly large credit organization with a wide branch network in the Russian Federation, and is now in the stage of financial recovery under the supervision of another bank, FC Otkritie, with the prospect of completely joining it in five years.

Moscow Regional Bank, Pension deposit

To open a deposit, the depositor must present a pension certificate. 14% per annum is accrued and paid monthly for 366 days, without capitalization. The minimum down payment is 10,000 rubles. You can top up with any amount without any time limit.

The deposit rate changes if funds are withdrawn early. Its size depends on the actual duration of the deposit in the bank: 5-6-7% per annum.

In 2014, MOSOBLBANK, by decision of the Central Bank, forcibly changed its shareholder, which became another large Russian SMP-Bank. In addition to branches in other cities and in the Moscow region, there are 10 branches in the capital.

MDM Bank, MDM deposit - Profitable

The investor can independently fix the term accurate to the day. From this and also from original amount and the method of opening (office or Internet) depends on the size of the profitability range of 12.8-14.7% per annum (if you open a deposit for about 12 months). The replenishment amount can be any, but for incoming transactions there is a limitation period - no later than 3 months before the end.

The preferential early termination rate of 3.3-8.3% begins to apply after the third month of actual storage.

Eight years ago, two fairly large banks merged to create a modern MDM, now competing with state giants. Among the shareholders there are well-known foreign financiers.

Bank of Moscow, deposit Maximum income (pension)

The deposit rate can be fixed at a maximum of 12.7% per annum if the contract term does not exceed 365 days, and the opening will take place in the Internet bank. Minimum amount contribution – 1,000 rubles. Replenishment is not provided.

To ensure that the yield does not change by 0.01% per annum upon early termination, it is advisable to do this no earlier than six months later. Then the rate will decrease by only 40%.

In 2011, the shares of the financial organization were almost completely transferred to the VTB group, so the Bank of Moscow can be considered state-owned through its shareholder. In Russia, the bank is represented by almost three hundred branches, half of which are located in the Moscow region.

Binbank, deposit Monthly income

The final interest rate strongly depends on the chosen period and amount of investment, which is why the yield spread here is within the range of 9.7-12.5% ​​per annum for deposits of 12 months. Minimum size The deposit for each bet varies from 10,000 to 1,500,000 rubles. Additional contributions without restrictions. Monthly capitalization or annuity of choice.

If you close the deposit ahead of schedule, the rate of income will be halved (from that fixed in the contract) for an actual period of more than six months.

Based on the bank's 33 branches in Moscow and another one and a half hundred offices in the Russian Federation, one can judge the fairly wide scope of its business. The main shareholders are two largest Russian entrepreneurs.

How to close a deposit without losing interest

Bank deposit is convenient financial instrument to accumulate savings. However, it is not always possible for bank clients to keep money in their account until the end of the deposit period. Unforeseen family circumstances or the desire to transfer funds to another bank at a higher price high percent entail certain consequences for investors. According to the law, all private deposits in Russia are revocable, that is, they can be withdrawn at any time upon request, even though the agreement was concluded for a certain period. True, most banks will reduce the rate of return to the “on demand” level, i.e. to 0.1–0.001% per annum. And in order not to lose at least part of the initially agreed upon interest, we recommend finding a deposit with the most favorable conditions early termination.

We understand the intricacies of deposits with the possibility of early closure while maintaining the interest rate.

We save part of the interest from the base rate

This early termination option is the most common and is offered by most major banks. The funds in the account must remain for a certain time, and after that the client can withdraw his money, receiving income in the form of a portion of interest from the main rate. Typically this is ½, 1/3 or 2/3 of the deposit interest rate. Naturally, this applies to deposits opened for a period of at least one year.

Eg, basic deposits Sberbank - “Save”, “Replenish” and “Manage” - can be closed early after 6 months at a rate of 2/3 of the main deposit rate at the time of opening (now it ranges from 7.20% to 10.29%). The basic line of deposits at VTB24 has similar conditions: for example, for the “Profitable” deposit, you can terminate the agreement after 181 days, then interest is paid in the amount of 0.60 of the interest rate established when opening the deposit (now it ranges from 11.80% to 12.20%).

Sometimes banks allow customers to withdraw their deposit after a certain period and without losing interest at all. For example, Credit Moscow Bank allows you to withdraw money from your account before the end of the term without losing interest after 31 days on the deposit “It Can’t Be Better” (rate on this moment is 16%).

The longer the term, the higher the interest

For bank deposits There is an unspoken rule - the longer the money is on deposit, the higher the percentage of income will be. It also works in case of early termination of the deposit agreement. Many banks offer clients preferential conditions for early withdrawal funds from the account, which will depend on the actual period of time the money is on deposit. Such conditions are offered by Eurokommerz Bank for the Nice deposit. Preferential rates begin to apply after 91 days from the date of opening the deposit. If the client withdrew funds from 91 to 181 days, he will receive 6.5% per annum, from 181 to 270 days - 8.5%, and so on.

Sometimes banks immediately set the longest possible period during which the funds must be on deposit, and after that the depositor will receive preferential rate. For example, in Aimanibank for the deposit “ Maximum percentage» the rate is 16.4%. If an account is closed early after 181 days, interest is paid at a rate of 14.9%.

We close the deposit without losing interest

This option of terminating an agreement with a bank is one of the rarest on the deposit market, but at the same time the most profitable for depositors. The client can close the deposit almost any day after opening the account at the initial rate. This type of deposit is offered by Absolut Bank. Although the Rastivklad deposit has relatively little high stakes from 9% to 10.5% depending on the deposit amount, but differs quite flexible terms, including regarding closing the deposit before the end of the term. Early dissolution is carried out at the contract rate corresponding to the actual minimum cash balance for a given period, and previously paid interest is not recalculated.

Ugra Bank has a long-term deposit for 1100 days “Freedom of choice +”, the rates on which vary from 12 to 14% depending on the amount, and if the account is closed before the end of the term, interest will not be lost and will be accrued for the period of actual stay funds in the account.

Sometimes banks offer preferential conditions for early termination of the contract not from the first day of the deposit, but after a certain period of time. For example, at Baltika Bank you can open a deposit at a rate of 14% for 365 days and withdraw it after 7 days without losing interest.

We save the interest accumulated over a certain period

Separately, it is worth mentioning deposits that allow you to save part of the interest paid. We are talking, in particular, about deposits for which interest is paid quarterly (every 90 days) and which can be terminated early by special conditions. If the client wishes to close the deposit before the end of the quarter, he will be able to retain the interest already paid for previous quarters at the basic deposit rate, and for an incomplete quarter he will receive interest at the “on demand” rate. Such a deposit is offered, in particular, by Probusinessbank. For the “Optimal” deposit, the client will receive 11% per annum for each full quarter, and if the deposit is withdrawn early, the bank will recalculate interest at the “on demand” rate only for the last partial period.

Arksbank has a similar deposit. Payment of interest on the “Profitable +” deposit is carried out every 90 days to the current account or by capitalization. If the deposit is closed early before the end of the quarterly period, the accrued interest is retained by the client, and unpaid interest is recalculated at the “on demand” rate.

It is clear that it is better, if possible, to close such deposits the next day after the end of the quarterly period.

Some banks offer clients to withdraw funds ahead of schedule preferential terms at monthly payments. YAR Bank allows you to do this on the “Super 3D” deposit - in case of early termination of the contract, the interest paid for a full month is retained, and for an incomplete month interest period are paid at a rate of 0.1% per annum.

Staircase inserts

The specificity allows the client to withdraw his money from the bank ahead of schedule at a rate corresponding to the interest period.