When depositing money in a bank, clients cannot always predict when they will need funds. Unforeseen circumstances or mistakes made during planning family budget may force investors to terminate the contract before the due date. There are many rumors associated with the process of early withdrawal of deposits from the bank: depositors are intimidated by “fines” and “non-return” of money. How is the procedure for terminating a contract at the initiative of a depositor actually carried out, and can the bank apply penalties? Let's look at these issues in more detail.

Features of early termination of the deposit

IN banking sector There is an unspoken rule: the stricter the conditions for the deposit, the more profitable it is for the depositor. Credit institutions offer the maximum rates when placing funds for a period of 2 years or more, while it is not possible to replenish or withdraw funds from the account, and interest is paid at the end of the term or capitalized annually (quarterly). The least profitable option is to open a deposit with the ability to replenish and partially withdraw funds (within the minimum balance).

Depending on the conditions for placing funds in the deposit account, the bank establishes a procedure for early withdrawal of the entire deposit amount or part thereof:

• if the agreement provides for the possibility of partial withdrawal of funds, then the depositor can withdraw them without the bank applying penalties. In most cases, the contract specifies the minimum balance amount that must remain on the account. Also, under such agreements, a gradation of interest can be established (the rate depends on the amount in the account). If the depositor wants to withdraw the entire amount, including the minimum balance, the bank has the right to apply penalties. Both in case of full early termination and in case of partial withdrawal of funds, the depositor must notify the bank in advance of his intentions (usually 3-7 business days before the date of withdrawal of the deposit);
• If the agreement does not provide for the possibility of partial withdrawal, then in order to withdraw the entire amount or part of the funds from the account, the depositor will need to terminate the deposit ahead of schedule. The bank has the right to apply penalties and recalculate interest, regardless of whether they have already been paid to the depositor or not.

When withdrawing a deposit, you will need an identification document (passport), as well as the agreement itself or a passbook, in which a bank employee must put notes on termination. At the branch, the depositor writes an application to close the account, after which he receives funds at the bank’s cash desk (upon application individual they can be transferred to a current or card account).

If the depositor does not want to withdraw the entire amount, but only a part, but partial withdrawal of funds is not provided for in the agreement, then he can deposit the remaining funds again by signing a new agreement (accordingly, the deposit amount will decrease).

In case of early termination, it is important to know what penalties banks can apply to depositors. More details about this.

The legality of applying penalties for early termination of deposits

According to Art. 837 of the Civil Code, the bank is obliged to return funds to the depositor upon his first request. Financial institutions have the right to ask the client to notify them in advance of his intention, but this is done only in order to prepare cash for issuance (there may not be any the required amount cash).

In case of early termination, the depositor must receive an amount no less than that which he initially deposited into the bank. Penalties applied in case of early termination of a deposit may apply only to accrued interest. Let us note that previously banks could set fines in the amount of 1-15% of the deposit amount, that is, having invested a certain amount in the bank, upon early termination, clients received back 1-15% less (they were also not accrued interest on the deposit amount).

Now, with early termination of a deposit, banks can:

• recalculate interest from the first day of the agreement until its termination at the rate for demand deposits (as a rule, it is tenths of a percent per annum). If part of the interest has already been paid to the client, upon termination of the contract they will be deducted from the total amount of the deposit;
• recalculate interest at a special rate equal to, for example, 1/2 or 1/3 of the base rate;
• use a combined method. For example, for six months, calculate the amount of interest based on the base rate, and for the remaining time before the termination date - at the rate for demand deposits;
• establish “full periods” (most often quarters) for which the client receives interest at the current rate. For example, if the period is 3 months, the contract was concluded for a year, and the money was in the account for 8 months, then for 6 months (2 quarters) the bank will charge interest based on the base rate, and for 2 months (incomplete quarter) - at the rate for demand deposits.

In order to get the maximum benefit from cooperation with the bank, even in the event of early termination of the deposit, you need to remember some rules. Recommendations for investors - below.

Upon signing deposit agreement it is necessary to carefully study all its points, and in particular, pay attention to:

• terms of placement of funds;
• availability of a minimum balance on the deposit;
• possibility of partial withdrawal of funds;
• the procedure for calculating interest upon early termination of the contract;
• conditions for interest capitalization;
• terms of deposit extension;
• terms of termination (how many days before termination of the contract you need to notify the bank of your intention and the form of notification).

If you are not sure that your funds will remain in the account for the entire term, choose a deposit program with the possibility of partial withdrawal of funds or a shorter contract period. This way you will protect yourself from the risk of losing all interest income and will be able to get a small, but still guaranteed increase in your invested funds.

What to do if the bank does not return the deposit; how to achieve early return contribution; what is paid after a bank is declared insolvent; how can you receive compensation for a deposit after the liquidation of a bank; and what do the documents that need to be drawn up at all of these stages look like?

Before the bank is declared insolvent

If you feel that the bank where your deposit is located is having problems, then you can try to return the deposit ahead of schedule. To do this, you need to contact the bank with an application for early return of the deposit. Be prepared that funds will be returned to you subject to current restrictions - up to 15,000 hryvnia per day for a deposit in national currency and up to the equivalent of 3,000 hryvnia per day for a deposit in US dollars. In addition, all penalties due for early termination will be deducted from the amount of funds.

Please note: the recommendations given above are general. Each specific case may require individual legal advice. In some situations, a free consultation on an Internet portal will be enough, in others, you will have to contact a paid lawyer.

The second possible option for the depositor is to withdraw his money after the end of the deposit period. During a crisis, this is not as easy to do as it might seem. You need to make sure that you can receive the deposit in advance.

If you are firmly convinced that the bank has no problems with paying funds to depositors, then it is enough to call the branch three to five days before the end of the deposit period and warn that you will not renew the deposit.

If the bank has difficulties with issuing cash, then you need to come to the branch in person, also a week or less before the end of the deposit term, and write an application to withdraw the deposit at the end of the term. Keep a copy of the application with the incoming number stamped by the bank employee for yourself. In the future, if problems arise, this document will become important to you.

If on the day of withdrawal of the deposit everything goes well, then restrictions await you here: after the end of the term, the deposit in national currency is issued in an amount of up to 150,000 hryvnia per day, and a deposit in US dollars is the equivalent of no more than 15,000 hryvnia per day. You can convert a foreign currency deposit into hryvnia (usually at the bank’s commercial rate) and receive it at the hryvnia limit.

If the bank, after everything described above, does not return your deposit, then you have the opportunity to try to involve the regulator - the NBU - in the problem. First of all, you can verbally warn bank employees that you will complain to the regulator that the bank is violating its obligations. If this does not help, then experts advise this effective method like writing a letter of complaint to the NBU.

Having written such a letter, you need to come to the bank, put an “incoming” number on it, leave one copy with the bank, and send the other to the NBU. According to lawyers, at this stage, many banks paid the depositor the deposit in full the very next day.

If this does not help, then the last method left in the investor’s arsenal is to try to get his deposit back through the court. To do this, you need to draw up a statement of claim in which you demand the bank to return your deposit and interest on it.

The court may oblige the bank to pay not only the deposit amount with interest, but also certain penalties, as well as reimburse inflationary costs.

This concludes the list of ways to return your deposit from a bank that does not have insolvent status.

After the bank is declared insolvent

If the bank is declared insolvent, then the return of deposits occurs as follows. First, a temporary administration is introduced into the bank - almost simultaneously with its recognition as insolvent. From this day on, the bank stops paying deposits according to the previous scheme.

An insolvent bank returns deposits only for contracts that have expired and for current accounts. Deposits in foreign currency are converted into hryvnia at the rate set by the NBU on the day the temporary administration began work, that is, on the day the procedure for the Fund to withdraw the bank from the market began.

The same rule applies to interest on deposits whose terms have not expired at the time the bank was declared insolvent. The fund compensates the deposit body with interest accrued on it as of the day the bank began withdrawing from the market.

If the bank does not have enough funds to return the above funds, then the Individual Deposit Guarantee Fund can give it a targeted loan.

Issuance of funds to depositors within the framework of such targeted loan must occur no later than the first month after the date of introduction of the temporary administration, and in large banks, important for the system - no later than two months. A clear framework is defined by Article 36 of the Law “On the Deposit Guarantee System for Individuals”.

Data on the start of payments and their procedure are published on the websites of the Deposit Guaranty Fund and the insolvent bank, as well as in the branches of this institution.

All deposits will be returned within the guaranteed amount, which as of March 7, 2015 is 200,000 hryvnia, or $8,735 at the exchange rate on the same date. If one depositor has several deposits in an insolvent bank for a total amount of over 200,000 hryvnia, then he will still receive a payment of no more than the guaranteed amount. The rest, by law, is paid only if there are any funds left after the main payments to all the bank’s creditors. In all the years of the Foundation’s work, there has not been a single such case.

To receive funds from a current account or from a deposit whose term has expired, no applications need to be written during the temporary administration until the announcement of liquidation of the bank.

During the operation of the temporary administration in the bank, its future fate is decided - the method in which it will be withdrawn from the market. Most often, the bank is liquidated. A message about this will be published on the website of the Federal Guaranty Fund, the most insolvent bank, in the newspapers “Uryadoviykuryer” and “Voice of Ukraine”.

Once the decision to withdraw has been made banking license and liquidation, all depositors of the institution can receive their deposits - within the limits of the guaranteed amount (minus the amounts previously received as part of payments during the period of the provisional administration).

Within three days from the date of announcement of liquidation, a full list investors indicating the amount that the Fund will return to them. Payments are made by commercial banks selected by the DGF.

Compensation of depositors' funds begins no later than seven days from the day when National Bank makes a decision to liquidate the bank. The payment itself lasts thirty days.

To receive your deposit within the guaranteed amount during the thirty-day payment after the announcement of the liquidation of the institution, you do not need to write any statements.

If you are late for your thirty-day deposit refund, you will need to apply for a refund in order to receive your funds. individual payment to the Deposit Guarantee Fund with the following documents:

application for payment of compensation for the deposit;

a copy of the passport (first, second pages, as well as information about the place of registration);

a copy of the identification code;

additional documents as needed (for example, notarized copies of a child’s birth certificate - for a deposit registered in the name of a minor; certificate of inheritance - for a deposit received under a will; power of attorney - if the deposit is received by your authorized representative).

By law, the Fund considers such applications no longer than three calendar months.

Please note: the regulator ends payments on deposits on the day when the Unified State Register legal entities make an entry on the liquidation of the bank as a legal entity.

Who is not happy about the fact that there is a bank deposit account, to which, maybe in small amounts, additional money grows. And even though banks now offer rates that barely cover inflationary processes, for many of us even a small deposit account is already a reason to consider ourselves an investor, albeit a beginner. True, most of these accounts are urgent, that is, with a specific validity period. Our realities are such that the deferred money may be needed before this period expires.

What does the law say?

Even such relationships between banks and ordinary citizens are regulated by the Civil Code. Its second part (chapter 44) describes all possible options and difficulties that may arise in the relationship between the depositor and the bank. Having initially determined that in such a situation the depositor is the least protected party, the law obliges the bank to return the funds borrowed from the depositor immediately as he requested. In this case, the type of deposit will not matter - whether it was opened or opened “on demand”. True, the consequences of such a withdrawal remain entirely on the conscience of the bank, which it will certainly take advantage of. There will be three options for these consequences - they may give you your money in the same amount in which you deposited it in the bank, you may be charged much less interest than you were originally entitled to under the agreement, or they may even impose a fine.

Deadlines

The good news is that, having stipulated the obligation for banks to return funds to depositors on demand, the law did not leave the timing of fulfillment of these obligations at the discretion of the banks - they would certainly take advantage of such a legislative loophole. However, in Chapter 45 of the Civil Code, banks prescribe very specific repayment deadlines deposit funds to their depositor – they do not exceed seven days. At the same time, you have the right to terminate the deposit agreement at any time, and the money must be returned to you within the deadline, the countdown of which will begin with your submission of the corresponding application to the bank. At the same time, you can receive the money that will be returned to you either in cash at a bank office or at non-cash by transferring them to an account in another bank.

If you have an immediate need for funds you have set aside, you will need to notify your bank. To do this, you will have to visit the branch where you opened the deposit account and contact the bank employees. However, they usually do not react in any way to verbal requests, and they may also begin to persuade you not to terminate the contract (in the hope that you will change your mind). If your decision is firm and final, then write a statement that you want to terminate the bank deposit agreement early. The form of this agreement can be free, however, due to the fact that each bank has its own procedures, it is worth asking if yours has financial organization some internally established patterns. We write the application in two copies, leaving one for the bank employees, and the second (with registration marks) for ourselves. By the way, in such cases you can often encounter a persistent reluctance of bank employees to register or sign anything. Then we send them our application by mail - be sure to request notification of its receipt. By the way, if this does not help, you can always turn to the Central Bank or directly to the court for help.

When concluding a bank deposit agreement, neither party can foresee force majeure situations, the occurrence of which may necessitate early termination of the agreement. This article will tell you what the early termination of a bank deposit agreement entails and what its consequences are.

Validity periods of bank deposit agreements

In accordance with the provisions of the Civil Code of the Russian Federation, all bank deposit agreements, in terms of terms, can be divided into urgent And unlimited (or on demand).

The deposit on demand can be terminated at the first request of the client. Time deposit, i.e. which stipulates the period of validity of the agreement, involves the return of the invested amount at the end of a certain period specified in the agreement. Since the profitability of time deposits is the most attractive, they are in high demand among the population.

Interest rate: what happens to it

Interest rates under agreements vary. However, usually, if there is a specific term, the rate is higher than on demand deposits.

Banks may offer special interest rates that will apply if it is necessary to terminate a deposit early.

The contracts provide specific instructions for reducing the deposit rate to minimum size(usually the interest rate on demand deposits is taken into account) upon early termination. In this case, interest is recalculated in accordance with the interest rate on demand (from 0.1 to 0.001% per annum), regardless of how many days are left until the end of the term deposit. You can avoid losing at least part of the interest in the original contract upon early termination if you read the contract correctly and choose the bank correctly.

Accordingly, give preference to those deposits and banks in which, after a certain period of time upon early termination of the agreement, the client receives half of interest rate contribution, either 1/3 or 2/3. Typically these are long-term deposits for a period of 12 months or more. In other words, the interest rate does not fall to the limits of the rate on demand deposits, but on average is half as much as what can be obtained by observing the term of the contract.

Speaking about the interest rate, one cannot fail to mention the unspoken rule of credit institutions: the longer the term, the higher the interest. It also applies to early termination of the contract. Many banks provide benefits and accommodate the client who wants to close the deposit ahead of time, which directly depend on the period that the funds actually stayed in the bank and on the amount. As a rule, concessions are provided from the 91st day of the contract.

For example, if you entered into an agreement for a period of one year at 12% per annum, then upon early termination you can count on the following interest:

1. from 91 to 181 days you will receive 6.5% per annum;
2. from 181 to 270 Days - 8.5%;
3. from 270 to 361 - 9.5% and so on.

Early termination procedure

In order to consider the procedure for early termination of a deposit, it is necessary to refer both to the agreement itself and to the norms of the current legislation.

So, in accordance with the provisions of Art. 837 Civil Code of the Russian Federation, the bank is obliged to issue the deposit or part thereof upon the first request of the depositor. This rule applies to all types of deposits of an individual. Accordingly, any term of the contract that cancels this rule or limits this right is automatically considered invalid.

On the one hand, the depositor has the right to close the deposit at any time, on the other hand, the bank has the right to “punish” the depositor by reducing the interest rate. And this is also legal (clause 3 of Article 837).

Very often, when withdrawing a deposit early, banks introduce hidden fees.

If you decide to close your deposit ahead of schedule, then you need to inform the bank about this through the manager by phone or by visiting credit institution personally. This must be done in advance. Especially if the deposit amount is significant. The best option will be the provision of a written application to close the deposit 2-3 business days before the expected date of termination of the contract. You provide one copy of the application to the bank; the second copy, which remains with the client, is stamped with receipt. A signed and dated statement will become the main weapon in legal proceedings if the bank does not want to give up the deposit or deceives you with interest.

The bank is obliged to return the funds within seven days after receiving an application about the desire to terminate the deposit agreement.

What to do if the bank does not close the deposit

If the bank that received your application does not close the deposit and does not give the money to the client, then you need to contact two authorities:

• to the Central Bank,
• to court.

IN central bank RF, which is the regulatory body, it is necessary to file a complaint with a copy of the application for early termination of the contract (with the signature of the person who accepted the application).

It is worth noting that the bank’s refusal to close the deposit and return the funds is a violation of rights and legitimate interests. Accordingly, the client can file a claim with district court at the place of residence or at the location of the bank. Along with a refund the client will be able to demand payment of interest and moral compensation for damages.

The best option is to contact both authorities at once.

In this case, filing a claim is possible only when the bank gave an official refusal about forced closure of the deposit or ignored the client’s request (but received a corresponding statement from him).

Based on the provisions of clause 1. Art. 395 of the Civil Code of the Russian Federation, if the bank refuses to pay the deposit, then in its amount interest begins to accrue for the use of other people's in cash , which the client can obtain by going to court. Moreover, in accordance with clause 4 of Art. 840 Civil Code of the Russian Federation, paragraph 4, the depositor has the right to demand the deposit amount, interest, as well as compensation for losses incurred.

Consequences of early termination

Negative consequences:

• the main negative consequence of early termination is loss of interest.
• Another risk when closing a deposit early is client reputation risk, that is, this bank will not treat you loyally as before. The bank always compensates for its risks through interest not paid to the client.

Should you look for a solution yourself or entrust the work to a lawyer?

It is better to entrust the work of concluding contracts and supporting transactions to a lawyer or attorney. Believe me, he knows the subtleties and nuances that will help you not only save time, but avoid critical mistakes. And you can find experienced lawyers from any city in Russia on YurProvodnik.

All consequences of early termination are usually specified in the contract, as well as in the Civil Code of the Russian Federation.

Conclusion

1. Early termination of a deposit is a common and simple procedure. Typically, customers do not have problems with refunds. The depositor may lose a significant part of the interest, but can also agree with the managers of the credit institution on concessions and benefits. The principal amount of the deposit must be given to him without any problems.
2. If you do not want to lose interest, then you need to carefully study the offered banking products, thoroughly study the terms of contracts and do not hesitate to question bank managers. Always remember that force majeure circumstances are possible in life, so give preference not high interest, but a deposit with the possibility of early termination on the terms of maintaining the interest rate.
3. When working with unscrupulous credit institution You can safely contact the Central Bank of the Russian Federation and the court with a demand to return the deposit and compensate for losses.

If you find yourself in a situation where the bank does not return your deposit, take some time to study your bank deposit agreement, get to know the Civil Code, and send a written complaint to the bank indicating the deadline for responding to it. If the bank has not responded, feel free to complain to the Bank of Russia and/or go to court. The truth is on your side. Well, if you have a person who is no stranger to civil law and who is ready to provide support on the path to justice, there will be significantly fewer thorns on your path.

Legal basis for early withdrawal of a deposit from a bank

The relationship that arises between a citizen-depositor and a credit institution (bank) when concluding a bank deposit agreement, regardless of its type, is regulated primarily by part two of the Civil Code of the Russian Federation, or more precisely, by Chapter 44, which is called “Bank Deposit” .

In order to protect the interests of depositors, as the least protected party in contractual relations, the legislator established that the bank must return the deposit to the citizen upon his first request, regardless of whether such a deposit is a demand deposit or a time deposit (clause 2 of Art. 837 of the Civil Code of the Russian Federation). The only thing that the owner of a time deposit loses in the event of its early “withdrawal” from the bank is interest, which in this case is paid by the bank at the rate it applies to demand deposits, and it is known to be significantly lower than for time deposits. deposits.

Deadlines for returning a deposit closed early

However, having obligated the bank to return the deposit amount upon the depositor’s first request, the legislator did not directly specify the time period within which the depositor’s money should be returned. After all, the wording “on demand” does not mean immediately. In such cases, the Civil Code contains precise instructions on the immediate fulfillment of obligations, and there are a number of examples of this.

To determine the deadline for the bank to fulfill its obligation to return the deposit amount at the request of the depositor, you should refer to Chapter 45 of the Civil Code, which is dedicated to the bank account agreement and applies to the relationship between the bank and the depositor on the account to which the deposit was made (clause 3 of Article 834 of the Civil Code of the Russian Federation).

Having transferred the described procedure for interaction between the bank and the client when terminating a bank account agreement to our case, we find that the bank is obliged to return the funds to the depositor in the manner specified by it within seven days after submitting to the bank a written application for early termination of the term deposit agreement and closure of the account to which it entered.

Procedure for early withdrawal of a bank deposit

If we abstract from the letter of the law and pay attention to reality, then the following situation will open to us.

A depositor who wishes to terminate the bank deposit agreement early usually comes to the bank branch where he made the deposit and expresses his demand orally. If in response to such a demand the bank employees did not respond as expected, and the depositor is not ready to create a public scandal or handcuff himself to a radiator until his demand is satisfied, it would be reasonable to write a written statement to terminate the fixed-term bank deposit agreement.

The form of such an application can be free, however, due to the need to indicate some data in such an application, it is recommended to use the form attached to this article. Such a statement should be handed over to the employees of your bank branch against signature on its copy indicating the date of receipt, and if the employees categorically refuse to sign anything, send it by registered mail with return receipt requested.

Forcing the bank to return money through the Central Bank

If the bank has not responded to the written statement, there is no point in continuing further disputes directly with the bank.

The current situation should be reported to the Central Bank of the Russian Federation (Bank of Russia), which carries out the functions of banking regulation and banking supervision in our country. The application for non-return of the deposit by the bank must be accompanied by:

• a copy of the request that you sent to the bank;
• a copy of the receipt receipt (it will arrive at your email address within a few weeks from the date you sent the letter);
• a copy of the bank's official response to the request for a refund (if there was one).

The Bank of Russia will look into the current situation and inform the applicant about the results of consideration of the application. In this case, the Central Bank of the Russian Federation may impose a very significant fine on the bank.

Forcing the bank to return money through court

At the same time, the bank’s failure to pay the funds entrusted to it when the depositor presents a written demand in a written manner is a violation of the bank’s obligation to the depositor. Protection of violated civil rights in accordance with Art. 11 of the Civil Code of the Russian Federation and taking into account the provisions of the civil procedural legislation in our case, it is carried out by a court of general jurisdiction.

Thus, to protect the rights of a citizen who has suffered from the bank’s failure to fulfill its obligations, one can apply to the district court at the location (legal address) of the bank, with a statement of claim to recover from the bank the unpaid amount of the deposit and accrued interest (at the “on demand” rate) . This can be done simultaneously with contacting the Bank of Russia.

In addition, the depositor has the right to present the following demands to the bank.

Firstly, full compensation for losses caused by the bank’s failure to fulfill its obligations (Article 15 and Article 393 of the Civil Code of the Russian Federation), if any.

Secondly, payment of interest for the use of other people's funds from the moment when the depositor submitted an application for early repayment by the bank full amount deposit, until the date the court makes a decision on the case in favor of the citizen - depositor. When calculating such interest, the interest existing on the day of filing the lawsuit is usually used. statement of claim refinancing rate set by the Bank of Russia. Today it is 12% per annum (Instruction of the Central Bank of the Russian Federation dated November 11, 2008 No. 2123-U “On the amount of the refinancing rate of the Bank of Russia”).

You should go to court only after the bank has officially refused your written request for early return of the deposit or if it has ignored it, as well as if you have documents confirming the fact of your application to the bank.