ORDER AND THE AMOUNT OF RECEIVING COMPENSATION ON DEPOSITS
ACCORDING TO THE FEDERAL LAW
"ABOUT DEPOSIT INSURANCE IN BANKS OF THE RUSSIAN FEDERATION"
1. The deposits which are subject to insurance
According to the Federal law "About deposit insurance in banks of the Russian Federation" (further - the Federal law) the money in rubles and foreign currency placed by natural persons in bank on the basis of the contract of a bank deposit or the contract of the bank account including the ranked percent for the contribution sum is insured.
Aren't insured money:
placed on bank accounts of the natural persons who are engaged in business activity without formation of legal entity if these accounts are open in connection with the specified activity (for the insured events which came till 01.01.2014);
placed on accounts of lawyers and notaries if these accounts are open in connection with professional activity;
placed by natural persons in the bank deposits to bearer including certified by the savings certificate and (or) the savings book to bearer;
delivered by natural persons to banks in trust management;
placed in deposits in the branches of banks of the Russian Federation which are outside the territory of the Russian Federation.
2. Insured event
The right of the investor for receiving compensation on deposits arises from the date of a loss occurrence.
Insured event is one of the following circumstances:
1) response (cancellation) at bank of the license of Bank of Russia for banking operations;
2) introduction by Bank of Russia of the moratorium on satisfaction of requirements of creditors of bank.
3. The amount of compensation on deposits
Compensation on deposits in bank concerning which there came insured event, is paid to the investor of 100 percent of the sum of deposits in bank, but no more than 1 400 thousand rubles.
If the investor has some deposits in one bank and the total size of obligations of bank before it exceeds the sum of insurance payments, compensation is paid on each of deposits is proportional to their sizes.
In case the contribution is placed in foreign currency, compensation sum on deposits pays off in rubles at the course established by Bank of Russia on the date of a loss occurrence.
Payment of compensation for deposits is made in rubles.
If the bank acted in relation to the investor also as the creditor (I issued to the investor the credit, the loan, etc.), the amount of compensation is determined by deposits proceeding from a difference between the sum of obligations of bank to the investor and the sum of counterclaims of this bank to the investor.
4. Order of the request of the investor for compensation on deposits
For receiving compensation on deposits the investor (his representative) has the right to address to the agent bank involved in payments of compensation for deposits or to the state corporation & laquo; Insurance Agency вкладов» (in the cases established by the decision of Agency). Such right can be exercised by the investor about day of completion of procedure of bankruptcy of bank, and at introduction by Bank of Russia of the moratorium on satisfaction of requirements of creditors - about day of the end of action of the moratorium.
In case of the admission of the specified term according to the statement of the investor it can be restored by the decision of board of Agency in the presence of the circumstances specified in the Federal law.
At the appeal to agent bank (Agency) with the requirement about payment of compensation for deposits the investor represents:
1) the statement in the form determined by Agency;
2) the document proving his identity. Requisites of the document on the basis of which the investor signed contracts of a bank deposit and (or) contracts of the bank account with bank, or document requisites information about which is available in bank (in case of replacement with the investor of the document proving his identity and informing bank on this fact are specified in the register).
The investor's representative along with the above documents submits also notarially certified power of attorney confirming the right of this representative to address with the requirement about payment of compensation for deposits.
5. Order of payment of compensation for deposits
Payment of compensation for deposits is made by Agency according to the register of obligations of bank to investors within 3 working days from the date of representation by the investor in Agency of necessary documents, but not earlier than 14 days from the date of a loss occurrence.
At representation by the investor in Agency of documents to it the extract from the register of obligations of bank to investors with the indication of the amount of compensation on its deposits is given.
The message on a place, time, form and order of reception of applications of investors publishes Agency in "the Bulletin of Bank of Russia", and also a publication on a site of bank.
Within a month from the date of receiving from bank of the register of obligations of bank to investors the corresponding message goes to investors of bank information about which contains in the register, in an individual order.
Payment of compensation for deposits can be carried out according to the statement of the investor as in cash, and by transfer of money to the bank account specified by the investor. Payment of compensation for bank accounts (deposits) of SP open for implementation of business activity is carried out by transfer of money to the bank account open for implementation of business activity specified by SP.
Reception from investors of statements for payment of compensation for deposits and other necessary documents, and also payment of compensation for deposits can be carried out by Agency through the agent banks operating from his name and at his expense.
6. The right of the investor to demand from bank of payment of the remained sum exceeding compensation received from Agency on deposits
The investor who received from Agency compensation on deposits keeps the right to demand from bank of payment of the rest of a contribution according to the current legislation.