There are loans, and there is an overdraft, it is easier for other situations. An overdraft is a loan that a bank gives to customers without papers and guarantors. An overdraft helps out if you urgently need to pay for goods or rent, but there is no money in the account. But they also need to be able to use, so as not to go into deep debt.

Overdraft for business is issued by many banks. We will use Modulbank as an example, because we know it best.

What is an overdraft

An overdraft is money from a bank that can be quickly borrowed at interest. The bank does not give this money in hand and it is not on the account, but the client can go into the red on the account, and then repay the debt. This is the overdraft.

Usually, a bank connects an overdraft only to trusted clients: those who have been using the account for a long time and pay taxes. The bank sees the turnover on the account and decides how much the client can go into the red.

For a bank, an overdraft is the same risk as a loan, so not everyone gets it. For the client, it is also a risk, because the overdraft must be paid on time and the interest must be monitored. But if everything is done correctly, an overdraft helps out during a cash gap and does not allow you to owe suppliers or contractors.

Mistake 1. Take an overdraft to lend

An overdraft can be used for almost everything a business needs: buy goods, pay salaries, pay taxes. The bank does not like other overdraft expenses. Here’s what you can’t spend an overdraft in Modulbank on:

lend;

repay loans, credits or interest on them;

buy securities;

invest in the authorized capital of your own or someone else's company;

pay for bank services;

transfer to other accounts in the bank or in other banks. You can not transfer to a savings account in this bank or to a personal account in another bank. You can only use your corporate card, so that later you can pay from it.

These are risky ways to use an overdraft facility. The bank is afraid that the client will lend, and the borrower will not return the money, change his appearance and passport and fly to Panama. If you try to spend the overdraft on something from the prohibited list, the bank will not let you do it. He will determine where the overdraft money goes and block the transfer.

The bank is afraid that the client will lend, and the borrower will not return the money, change his appearance and passport and fly to Panama.

To prevent the bank from closing the overdraft, use it for this:

buy goods;

pay rent;

issue salary or travel allowances;

pay taxes;

buy equipment;

pay for stationery, water for the office, courier and gasoline for the company car.

It happens that the tenth is the day of the salary in the company, and the money will be only the eleventh. In order not to delay the salary, you can take an overdraft and return it in two days.

Mistake 2. Not fulfilling the conditions

The bank calculates the overdraft amount for each client. This is called a limit - how much you can go into the negative on the account.

It happens that the bank first sets a limit of 500,000 rubles, and then reduces it, leaving only two hundred or three hundred. This happens if the client does something that is risky for the bank:

the client's turnover has decreased;

he does not pay taxes on time or pays them less than 0.9% of the turnover;

does not make payments: for stationery, water, courier, equipment - everything that is needed for business;

the bank noticed the client cashing out money and thinks that the client is participating in intermediary schemes;

the client works with one-day firms;

overdue payments on loans in other banks.

If you are looking to use an overdraft and the bank suddenly cuts the limit, it will be an unpleasant surprise.

The company has an overdraft facility with a limit of 500,000 rubles. The director plans to buy equipment and pay out the salary in an overdraft, and then payment from the client will come and pay off the overdraft debt. I need 400,000 rubles for a salary, and the bank has reduced the limit to 300,000. There is not enough for a salary.

The transfer of turnovers to the bank helps to increase the amount of the overdraft. If you have a store, connect acquiring and receive money from sales to your account or combine the account with the cashier. So the bank will see all the turnover of the company and will assign a larger limit.

Mistake 3. Not paying the minimum payment

The client himself decides when to repay the overdraft: at least for a day, at least for six months. But it is important for the bank to know that everything is in order with the client, and he intends to pay off the debt. To confirm the seriousness of intentions, the bank asks to repay at least a small part - the minimum payment.

The minimum payment in Modulbank is 10% of the debt plus interest for using the money. The bank calculates it on the first day of the month. If you took an overdraft on August 16, then on September 1, the bank will calculate the minimum payment:

Spent overdraft: 100,000 rubles, at 19% per annum.

The minimum payment is a tenth of the debt: 100,000 × 10% = 10,000 rubles.

Daily interest: 19% ÷ 365 × 100,000 = 52.05 rubles.

Interest for 15 days: 52.05 × 15 = 780.75 rubles percent.

You need to pay: 10,000 + 780.75 = 10,780.75 rubles.

There is a month to pay the minimum payment: they accrued on September 1, which means you need to pay before September 29 - on the last working day in September. From September 30, the bank will count the delay, begin to accrue penalties and increase the interest on the remaining debt by 10%. If the client had an overdraft at 19%, then after the delay it will become at 29%. But as soon as the client repays the debt, the previous percentage will return.

There is another problem with the minimum payment debt. If the client does not pay it on time, the bank considers it a delay and transfers the client's credit history data to the Credit Bureau. The longer the delay hangs, the worse the credit history.

Overdraft is convenient those that are repaid automatically and you can spend up to the limit. For example, a bank has connected an overdraft for 100,000 rubles to a client. The client used 20,000, there was a limit of 80,000 rubles. They can be spent. Then the client receives 50,000 rubles to the account. Then twenty of them automatically go to repay the overdraft, and thirty remain on the account.

If this is inconvenient and you do not want to automatically pay off the overdraft, open an additional account. Then from one account you will use an overdraft, and on the other you will receive income.

Mistake 4. Paying at the last moment

With a minimum payment, it is better not to pull to the last. The bank charges it on the first day of the month, and then there is another whole month to pay. The bank accrued on September 1, which means the last day of payment is September 29. September 30 will be overdue.

It happens that the company is waiting for payment from the client, which plans to pay off the overdraft. The money should arrive on September 29 - this is the last day for repayment without delay. But the client delays payment or it does not have time to arrive due to an interbank transfer, then the overdraft debt is overdue. The bank counts the delay and charges increased interest and penalties.

Mistake 5. Not answering bank calls

The bank calls customers only as a last resort. It is unprofitable for him to call and waste the time of employees on this. But this has to be done if the client is very late in payment. If the client does not respond, the bank suspects that the client took the money and fled.

If there is a delay, notify the bank in advance and tell when you expect the money in the account. Then there will be no calls. If you forgot to pay or did not warn, do not take the call too sharply. Just pick up the phone and explain the situation. The bank won't bother you for a while.

If you forgot to pay or did not warn, do not take the call too sharply. Just pick up the phone and explain the situation

If there was a debt, but the client warned the bank or answered the calls, the bank will restore the limit after paying the debt. But if the client does not answer calls, the bank may close the limit altogether.

Mistake 6. Not paying for account maintenance

If an overdraft is linked to an account, the account maintenance fee is deducted first, and then the overdraft debt. It happens that after the service fee there is not enough money to pay off the overdraft or the minimum payment.

Nikolai opened a bank account at the Optimal tariff. He pays 490 rubles a month. It's time to pay for the service, but there is no money in the account yet.

He spent 50,000 rubles on an overdraft. The bank accrued interest for 5 days - 130 rubles. The total debt is 50,130 rubles.

50,500 rubles come to the account.

First, 490 rubles are deducted at the tariff, 50,010 rubles remain.

Then interest and the principal amount of the debt of 50,130 rubles are written off. But money is not enough. There is an overdraft debt of 120 rubles.

Sometimes clients forget about it, they expect to pay off the debt in full with interest, but there is not enough money. At the bank, the service is debited on the last day of the month for the next month. For example, for September, the payment will be automatically debited on August 31st. The minimum overdraft payment must be paid on the last working day of the month.

Set a reminder on your phone 3-4 days before the end of the month to check the account balance so that it is enough for the minimum overdraft payment and account maintenance.

Mistake 7. Not keeping track of overdraft limits

The overdraft can be spent until the entire limit runs out. If you have 500,000 rubles, you can first spend 100,000 rubles, then another 200,000. You have 200,000 left and paid off 150,000 - you have a total of 350,000 rubles.

The confusion arises if the bank reduces the limit for the next month.

In August, Nikolai had an overdraft limit of 500,000 rubles. He spent 450,000 rubles out of it.

In September, the limit became 300,000 rubles.

100,000 rubles came to the account. They go to pay for the overdraft, the debt becomes 350,000 rubles.

Nikolay thinks that up to 500,000 rubles he still has 150,000 rubles, and he can spend them. But it's not.

The bank reduced the limit, Nikolai now has only 300,000. If he repays 100,000 rubles, the debt will become 250,000 rubles. Up to 300,000 rubles of the limit, 50,000 rubles will remain, and he can spend them.

As long as the debt is greater than the new limit, all receipts to the account will go to pay for the overdraft. That is, the money came to the account, but you cannot pay the supplier out of them or buy paper for the office. Therefore, open another account and give the details of your client. Money from it will not automatically go to pay for the overdraft. You decide how much to spend and how much to send to the overdraft.

An overdraft helps a business keep its suppliers and employees out of debt while there is not enough money in the account. It is easy to use, the main thing is not to make the mistakes that we have described. Keep three more simple rules.

Get two accounts. One for receipts, the other for overdraft.

Don't put off paying your overdraft until the last day of the month. The client may not send money on time or the payment will fall on the weekend, and you will have a delay and the bank will charge increased interest.

Set a reminder on your phone two or three days before the end of the month. Check that the balance on the account is enough to pay for the service and overdraft.

In the event that the company's expenses do not coincide with income, in order to overcome the so-called cash gap, legal entities can use such a banking product as an overdraft.

As a loan, you can get exactly the amount that is not enough, for example, to pay for an important expense document before the close of the business day.

There is no need to spend time on processing each loan. Having concluded an agreement with the bank once, throughout the entire period of its validity, you can use the loan without any paperwork.

The following advantages can be distinguished:

• efficiency of obtaining a loan amount;
• there is no need to conclude a loan agreement for each loan;
• automatic and convenient repayment of borrowed funds;
• provision without collateral;
• if the limit is not used, no commission is charged;
• this is practical and simple, as the client's current account is credited, allowing him to manage a larger amount than is on the account.

Are there any pitfalls

Despite the mass of positive factors described above in favor of the use of an overdraft by legal entities, there are also disadvantages.

We can highlight the following negative points:

• the interest rate is slightly higher compared to conventional lending. But many banks provide a grace period for using the loan, when no interest is required to be paid, or it is possible to pay interest only for the actual use of funds, and not for the entire period;
• a limited loan amount calculated on the basis of the income received by the enterprise;
• limited time for paying the loan amount and interest. In case of violation of the terms of payments, the bank may impose penalties in the form of a reduction in the overdraft limit, in other cases in the form of a complete termination of the loan agreement;
• hidden charges are possible. For example, a commission for cash services, any transactions, for cash withdrawals, etc.

Overdraft conditions

Such a loan product is issued to a client for a period of up to 12 months, under the guarantee of an individual. persons who are the main owners of the company or other legal entities. persons connected in any way with the potential borrower.

Insurance in this case is optional, but it is extremely important to remember that the loan must be repaid within the agreed timeframe, late payment threatens to charge penalties in the form of 0.1 percent of the amount of overdue debt.

The amount that the bank provides to its customers on average in the market is 100 thousand rubles, the maximum limit is 17 million rubles.
The overdraft fee consists of the amount transferred for opening a credit limit and the interest rate, which are determined individually depending on the conditions for granting a credit line to legal entities.

You can get acquainted in more detail with the conditions for using borrowed funds, with the necessary package of documents, the interest rate in the bank branches that service individual entrepreneurs and legal entities.

How to get an overdraft for a small business: the main steps

In order to become an overdraft user, a legal entity must have a current account in the relevant bank, have an unambiguously positive credit history and work in the Russian Federation for at least a year. The guarantor for such a credit line will be one of the founders of the enterprise.

And also it is necessary to prepare a certain package of documents:

• loan application;
• information about the financial activities of the company for the last year of its activity;
• information about the debts of the company.

In accordance with the information provided, bank employees will determine the overdraft limit that the client will be able to use during the period of validity of the concluded agreement.

Is it possible to turn off the overdraft?

This product is provided to customers automatically or upon request and is an indicator of trust and reliability. But, if there is no need to use a loan, it can be turned off. To do this, you need to apply to the bank with an application.

Overdraft types for legal entities

The main types of this credit line are:

• permitted,
• and unauthorized overdraft.

In the first situation, the potential borrower and the bank representative jointly agree and approve the amount of the future loan. It is these means that the client will use when he needs it.

The second type occurs when the client for some reason exceeds the previously agreed and approved amount. Here, the borrower expects unpleasant consequences in the form of a fine and payment of penalties.

Other types of overdraft

1. Salary. This is one of the most common types acting for physical. persons. It is provided on the client's card, on which he receives his salary. The loan amount is calculated depending on the amount of funds received on the card. This is convenient for both the potential borrower and the lender. The borrower can get as much as he needs at any time, and the lender can change the amount of the overdraft limit on the client's account at any time. The loan that the client borrows will be repaid automatically when funds appear on the account.
2. Standard. This type is also called classic and is calculated for each client individually based on the minimum amount of the client's turnover on the current account per month. Half of the specified amount is taken into account, which is the settlement limit. Such credit is used for settlements on payment requirements by legal entities.
3. Collection. This type is less popular and is necessary for such potential borrowers, most of whose proceeds must be collectable and independently deposited by the borrower into a bank account. If a potential borrower has a stable income, then the term of such a loan may be more than one year. In this case, it is necessary to have a solvent guarantor - the owner of the business.

Credit line for individual entrepreneurs

Since individual entrepreneurs are a special type of borrowers, because they can act both as business owners and as individuals. persons, then when working with them there are special moments.

The main thing for the bank is stable payments on loans, therefore, first of all, the use of an overdraft is provided to entrepreneurs who have a current account with this bank.

If the bank sees that the company is working stably, has constant income to the current account, then the loan limit is calculated based on the average monthly turnover, and the client is provided with an appropriate credit line. In the event that the company's turnover decreases, the bank can reduce the depth of the overdraft. If the turnover increases, the individual entrepreneur can apply for an increase in the limit.

If an individual entrepreneur has a bank account, a loan can be provided without collateral, otherwise collateral with property will be required. And also the guarantee of solvent persons is required.

Mandatory condition: the age of the entrepreneur must not exceed seventy years.

Features of an overdraft facility for legal entities

An overdraft is convenient because the loan amount is repaid automatically when the funds are credited to the current account.

But with such a credit line for legal entities, there are some features:

• the debt must be paid in full at least once a month;
• the credit balance of the current account is automatically repaid daily;
• interest on debt is charged only on the amount that is actually debt. And in the event that money is credited to the current account regularly, there is a significant savings in interest costs.

Information about what an overdraft is can be useful in case of an urgent need to receive funds. At some points, on the contrary, this function creates some interference. If there is no need for additional foreign exchange resources, the salary card holder needs to constantly maintain a certain limit on it. When agreeing to such a program, you need to study the contract in detail so as not to overpay extra interest.

What is an overdraft in a bank?

The bank's overdraft service, often offered to individuals and legal entities, is a lending program with special individual conditions. Its features are as follows:

• transfer of funds to the client's current account;
• the write-off of the amount of debt occurs regardless of the balance of funds;
• the overdraft interest rate is regulated by the bank - it may be absent, charged only in case of late payment or vary depending on the balance;
• overdraft, as a rule, provides small amounts for a minimum period - for a period of temporary financial difficulties.

What is an overdraft card?

Overdraft cards are widely used. In most cases, they are assigned to the client's current account, to which he receives a salary or to a deposit account. How an overdraft works - the bank transfers to the client's account the amount specified in the contract, which will be at his disposal for a certain period.

At the end of this period, the client is obliged to pay the spent funds and interest, depending on the terms of the contract. If the client does not require additional funds, he may not spend them, maintaining the overdraft limit, or refuse such a service. At the same time, you need to remember how much you need to leave on the card - this is one of the disadvantages of such a banking product.

What is a Permitted Overdraft?

As a rule, the available overdraft is calculated depending on the income received on the client's current account. Sometimes such a service can be automatically included in the client's payroll project. Employment certificate can serve as proof of income. To apply for an overdraft, additional information may be required:

• permanent registration;
• proof of work experience;
• no debt on other loans.

Overdraft limit - what is it?

In all cases, the provision of an overdraft is accompanied by a limitation on the limit of the funds used. Limit - the amount that can be used by the client for personal purposes and must be returned within a certain period. In most cases, it is calculated as a certain percentage of the amount of money in the current account and their turnover. An additional condition for using the available overdraft may be a decrease in the limit when withdrawing money and increasing it when replenishing an account.

How is an overdraft different from a loan?

Regardless of one function - the issuance of funds for the use of customers and their subsequent return with and without interest, the difference between an overdraft and a loan still exists. The following distinguishing features can be distinguished:

1. As a rule, a loan provides funds at a fixed interest rate specified in the agreement, and an overdraft - without it in case of timely repayment of money. If the overdraft payment is overdue, then the interest on it can be much more than the overpayment on the credit line.
2. An overdraft, as a rule, does not require confirmation of income, but also provides a much smaller amount for use than a loan.
3. The amount of the loan depends on the solvency of the client, and the amount of the overdraft depends on the wages coming to a particular account or the amount of money turnover on it.

Why is overdraft dangerous for individuals?

Having access to a certain amount of money, a person can forget about repaying a debt to a bank. This is called a technical overdraft - debt when paying cash. In most cases, it appears when the available limit under the overdraft agreement is overdrawn. In this situation, in addition to the main overpayment under the contract, interest may be charged for late payment, which is several times greater than the amount spent.

There are cases when a client accidentally withdraws from the account a larger than usual amount, which includes funds provided by the bank. As a result of such actions, it is possible to get into a mess and pay an extra amount. Sometimes, when a new card is issued, an overdraft service is automatically connected to it, and if the client does not know about it, he can overpay a considerable amount of interest. Therefore, it is important to check all the services assigned to a bank card. Taking an overdraft and forgetting about the requirement to maintain a limit on the account is a big danger for the client.

How to connect an overdraft?

Having understood the essence of an overdraft, the client decides whether he needs such a program or not. In case of a positive answer, you should contact the bank branch to conclude an agreement. The procedure for connecting an overdraft may vary for each bank. In some cases, it connects automatically. The available limit is calculated in a similar way - depending on the monthly income and the turnover of funds in the account.

In most cases, only an identity document is enough, but the client may need some papers:

• job references;
• confirmation of income;
• account statements.

How to disable overdraft?

If there is no need, the overdraft service can be disabled. To do this, you should contact the bank to terminate the contract. One of the conditions for such an action will be the absence of debt under this program. Different financial institutions have different conditions for providing such a financial product. They must be spelled out in the contract. If there is a condition that it is impossible to disable the overdraft, then when signing the agreement, you can specify a zero limit for the provision of funds.

It does not matter what the client chooses - a loan or an overdraft program, it must be taken into account that both banking products are associated with a financial burden. Interest on the use of bank funds and the conditions for their accrual may vary, therefore, no matter how tempting the offer may be, it is important to remember what an overdraft is and what financial risks it may be associated with.

A few days ago, information appeared on the network that the status of debit cards of Sberbank customers had changed to overdraft. The official position of Sberbank is that all debit cards, in fact, remain so, and Sberbank representatives associate delays and negative balances with such a concept as a technical overdraft. As they point out, this is a technical point that all banks have, regardless of their name or location.
The situation around Sberbank showed one of the most controversial problems when working with payment cards - the formation of the so-called unauthorized overdraft, or, as it is also called, a technical overdraft.

What is an overdraft.
To put it simply, an overdraft is an overdraft. An overdraft is a type of loan. For example, you make a purchase in a store. There are 20 thousand rubles on your account, and the cost of the purchase is 25 thousand. You make a purchase, but 5000 is an overdraft, this is the money that the Bank provided you with, i.e. With the help of this service, you were able to purchase the item you liked in the presence of insufficient funds on your account. Those. the bank automatically provided you with the missing money, but your account will have a negative balance. To put it simply, it is a revolving credit line for citizens. You can receive money repeatedly, in different amounts, but you cannot exceed the established limit.
Overdraft types.
There are two types of overdraft:
- Allowed overdraft. This is the same loan that you received from the bank, i.e. submitted an application, and the bank approved the limit you requested.
- Technical overdraft. This is the very cost overrun that occurs without your application due to the peculiarities of the functioning of payment systems.

Permitted overdraft.
In a simplified sense for an ordinary consumer, an overdraft is a special type of lending, in which we get the opportunity to spend more on the card than we have on our account at the time of payment for the purchase.
The legal regulation is based on the provisions of paragraph 1 of Article 9 of the Federal Law "On the National Payment System", which provides for the use of electronic means of payment on the basis of an agreement on the use of an electronic means of payment, as well as the provisions of Article 850 of the Civil Code of the Russian Federation, the norms of which establish general rules for crediting an account. The most basic imperative rule is the existence of a contract. And then it is already necessary to analyze the regulations of the Central Bank of the Russian Federation and the internal rules of a particular bank.
In accordance with paragraph 2.7 of the Regulations of the Central Bank of the Russian Federation "On the issue of bank cards and on operations performed using payment cards" dated December 24, 2004 N 266-P in the event of a lack or insufficiency of funds in a bank account when a client makes transactions using a banking card, the client, within the limit stipulated in the bank account agreement, may be granted an overdraft for the implementation of this settlement transaction if there is a corresponding condition in the bank account agreement.
Thus, in order to use the overdraft, you must:
1) Availability of a bank account;
2) The presence of an agreement concluded between the parties, which establishes a lending limit and interest, as well as other conditions: a grace period, penalties, etc.
As a rule, the conclusion of the contract occurs through the mechanism of accession to the relevant rules. Such a mechanism is established by the norms of Article 428 of the Civil Code of the Russian Federation. Confirmation of the conclusion of such an agreement, as a rule, is the Questionnaire-Application and Receipts in obtaining a card.
From the foregoing, it follows that without your consent, without the existence of a concluded agreement, there can be no talk of any overdraft, and even more so of some amounts of penalties and fines that cardholders write about on numerous forums dedicated to this topic.

Technical overdraft.

This is a term that is not named in the regulations. This is a situation in which you have an overdraft on a bank card in the absence of an overdraft agreement with the bank. The very name of the term suggests that overspending occurs as a result of transactions and other operations on the account. There can be many reasons, but consider the most common:
1) Write-off of payments for servicing the card and account
2) exchange rate difference, i.e. this is a situation when, for example, you make a purchase abroad with a ruble card on the eve of the holidays. At the time of purchase, there is enough money, but on the day the incoming file is processed, the exchange rate has changed and as a result you have gone into negative territory.
3) Multiple processing. As you know, almost all transactions with bank cards are carried out in the mode of two messages. The first is informational, the so-called request of the servicing bank and the response of the bank that issued the card linked to a specific account of an individual. This request is generated in the terminal of the bank where your card is currently located. Your bank checks this request and responds. Then the transaction is completed, you pick up your goods and leave. But the money has not yet been received to the account of the store where you made the transaction, so the store only at the end of the working day forms and sends an electronic file to the acquirer (service bank) - a register of payments. Further, this bank processes all files and sends them to the settlement network of the international payment system, and from there a message is sent to your bank in the form of an incoming file, which serves as the basis for reflecting the operation on your account. According to the rules of the international payment system, these files are sent 2-3 days after the transaction using the card.
However, sometimes, for some technical reasons, not one, but two files go to the settlement payment system. And your bank deducts the same amount from your account twice, which can cause a technical overdraft. This situation is called "multiple processing" and the rules of the international payment system even provide for a special protest code for it, since such cases are quite common.
For example, you made a purchase for 5000 rubles. There were 9000 rubles on your account. The purchase information was erroneously sent to the settlement network twice. 10,000 were debited from your card, which led to an overdraft in the amount of 1,000 rubles.

What are the implications of a technical overdraft for a bank?

Firstly, in the Letter of the Bank of Russia dated 06/30/2009 "Answers and clarifications on certain issues related to the application of the Regulation of the Bank of Russia dated March 26, 2007 N 302-P" On the rules for maintaining accounting records in credit institutions located on the territory of the Russian Federation "clarified that in the event that the bank account agreement does not contain a condition under which the client has the right to receive a loan, in the event of insufficient funds on his account, the credit institution is obliged to ensure that the operation is carried out (including with the help of technical means of protection) only in within the limits of the balance of funds on the client's bank account.In the event of an unauthorized debit transaction from a bank account using payment cards (technical overdraft), the amount of debt must be repaid in accordance with the norms and terms established by Article 314 of the Civil Code of the Russian Federation.If this issue remains unresolved , then the amount of the debt is debited from the account and referred by the credit institution to its expenses, and the credit institution does not form a reserve for possible losses on loan and equivalent debt. It should be noted that the Regulation on the Rules for Maintaining Accounting in Credit Institutions Located on the Territory of the Russian Federation (approved by the Bank of Russia on March 26, 2007 N 302-P), to which there is a link in the letter, has actually become invalid since January 1, 2013 due to with the publication of the Regulation on the Rules of Accounting in Credit Institutions Located on the Territory of the Russian Federation (approved by the Bank of Russia on July 16, 2012 N 385-P), which approved the new Rules), but this letter does not conflict with the new rules.
Secondly, in assessing the technical overdraft and evaluating its consequences for the bank, the Supreme Court of the Russian Federation in its Ruling of November 25, 2014 N 5-KG14-12 indicated that the relationship arising between an individual and a bank (in this case, Sberbank OJSC Russia"), the norms of the Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights" apply, and therefore the service provided by the bank must meet the quality requirements, as well as the purposes for which it is usually used ( article 4 of the Consumer Rights Protection Law). The only basis for exempting the bank from liability is the proven fact of force majeure. But, according to the Supreme Court of the Russian Federation, a software failure is not a consequence of force majeure, that is, it does not relieve the bank from liability to the client for improper provision of the service. The withdrawal of funds from a bank card of an individual with the formation of an unauthorized overdraft was qualified by the court as an illegal action of the bank, which entailed negative consequences for the bank's client.

Are penalties for an unauthorized (technical) overdraft legal?

By virtue of paragraph 1 of Article 818 of the Civil Code of the Russian Federation, under a loan agreement, a bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.
From the meaning of the provisions of the above-mentioned Article 819 of the Civil Code of the Russian Federation, as well as Article 10 of the Consumer Rights Protection Law, it follows that if the bank agrees to provide a loan to a citizen, then information about the amount of the loan, the interest rate, the full amount payable by the borrower and the repayment schedule for that amount. These conditions are essential and are subject to mandatory agreement with the client.
Unauthorized (technical) overdraft, the agreement on the possibility of providing which in case of insufficient funds on the account has not been reached by the parties to the agreement, is, in fact, an additional loan. However, such a loan cannot be issued without agreement with the borrower of the above essential conditions. In addition, due to the very possibility of a technical overdraft (including due to circumstances beyond the control of the borrower, for example, in the event of debiting the borrower's account of funds in excess of the payment limit, after several days from the date of the operation on the changed in the direction of an increase in the exchange rate), the use in this case of funds should be carried out on a fee basis within the framework of credit relations, and not entail the application of penalties, since the borrower's exceeding the payment limit and the occurrence of an unauthorized (technical) overdraft is not a default or improper performance obligations to repay a consumer loan and (or) pay interest on the loan amount.
The courts proceed from the fact that an error on the part of the Bank in conducting an unauthorized debit transaction cannot be the basis for the occurrence of a technical overdraft (Resolution of the Second Arbitration Court of Appeal dated 02.12.2016 N 02AP-9807/2016 in case N A17-5262/20160.
It follows from the above:
1) Without an agreement, there can be no overdraft.
2) If the write-off has occurred, notify the bank. No penalties for technical overdraft can be applied to you.

January 2019

Bank employees very often offer customers to connect additional banking services. One such popular service is overdraft. Many are frightened by this incomprehensible term, because not everyone understands what an overdraft is and how it works.

After reading this article, bank card holders will no longer have questions on this topic.

What does the word overdraft mean?

Overdraft translated from English (overdraft) means overspending or in excess of planned. In simple words, an overdraft allows you to receive credit funds from the bank to the client's account with a shortage of your own money. For example, if a person pays with a plastic card in a grocery store, and there is not enough money on the card to make a purchase, then the bank will lend the missing amount of money to the client. After such an operation, the balance of the borrower's bank card will change in a negative value.

Many will say that an overdraft is not much different from a regular consumer loan. However, there are many differences between the two types of loans. A comparison of these services will be made below.

Why is the bank so willing to lend money and what is its benefit? An overdraft is a loan of a small amount of money for a short period of time, and the bank does not provide the opportunity to use this service to all of its customers. A credit institution that provides overdraft lending must be sure that the borrowed money will be returned to the borrower's account in the near future.

The bank will allow the owners of salary cards to use such services without any problems, since the client's salary is regularly transferred to such a card. Upon receipt of money to the account, the borrowed amount will be immediately debited from the bank card without fail. For legal entities, the service is also available - a financial institution willingly gives money to legal entities. a person to whose bank account funds are regularly received.

Overdraft types

Overdraft is divided into two main types:

1. Allowed
2. Unauthorized

A loan that operates under a loan agreement is considered permitted, that is, all limits and amounts of money are approved by the bank and are specified in the current agreement.

An unauthorized overdraft occurs when the limits approved by the bank are exceeded. In simple terms, an unauthorized overdraft may occur when the borrower spends more loan funds than specified in the agreement. In the event of an unauthorized overdraft, the borrower must immediately repay the debt, otherwise the creditor may impose sanctions on the debtor.

Exceeding the allowed limits can occur for several reasons:

• if payment is made in foreign currency;
• in case of failures in the work of the bank;
• due to the peculiarities of some payment systems (when the amount can be debited several times, or the payment freezes, and the client makes the next purchase, seeing that there are funds left on the card).

How is an overdraft different from a consumer loan?

If you compare an overdraft and a consumer loan, you can find a lot of significant differences between these banking products. These services also have similar properties - this is a loan of funds from a lender at interest. As for the differences, these are terms, loan amount, interest rate, repayment of funds, speed of loan disbursement.

Let's take a closer look at each point:

1. Timing. The time for which a loan is issued is perhaps one of the most important differences between these types of loans. A consumer loan can be provided by a bank for a long period. An overdraft is issued to the borrower for a short period of time. In most cases, an overdraft loan must be repaid in 1-2 months.
2. Loan amount. There is a direct relationship between the terms of lending and the amount of the loan. If the loan is issued for a long period, then the loan amount can be relatively large. The amount of a consumer loan can be many times more than the borrower's salary. The repayment period of such a loan is extended for a long period. An overdraft is issued to a borrower with a loan amount not exceeding two of his monthly wages.
3. Interest rate. The consumer loan rate also differs significantly from the overdraft loan rate. A consumer loan is issued with lower interest rates than an overdraft. Overdraft rates are higher, but the overpayment is ultimately less than on a long-term loan. If the loan term is shorter, then the overpayment on the loan will be small, despite the fact that the rate is much higher than that of a long-term loan.
4. Refund. The overdraft is repaid as soon as the money is credited to the borrower's account. If the funds are not enough to fully repay the loan, then the remaining part of the debt will be written off from the next receipt of money on the card. To pay a consumer loan, it is required to pay a fixed amount (monthly payment) on a certain day of each month.
5. Issuance of credit. A regular consumer loan is issued to the borrower only after the application has been submitted and approved by the bank. This procedure may take several weeks. An overdraft is issued immediately when the cardholder needs the money.

The table provides structured information on the differences between a consumer loan and an overdraft.

Overdraft for legal entities

The bank enables legal entities to use an overdraft, thus legal entities. persons have the opportunity to use funds in a larger amount than is available on the current account. The bank gives the necessary part of the money at interest up to the current limits. The creditor issues limits, as a rule, not higher than 50% of the average amount of money incoming to the client's current account. It should be noted here that an overdraft can be connected at the bank where the current account is opened.

For a large company, using an overdraft on its current account can be a good way out of a situation where there are no own funds. This method of lending will allow not to stop production due to the long receipt of money in the bank account of the organization. Banks in most cases give money without collateral, as they are sure that funds will soon arrive in the account of a legal entity.

Overdraft types for legal entities

A loan in the form of an overdraft for legal entities is divided into several types:

• classic (standard) overdraft is provided to the client 6 months after opening a current account;
• advance overdraft is used only by reliable clients for settlement and cash services;
• overdraft for collection for borrowers whose account turnover is at least 75% of the collected proceeds;
• technical overdraft is given to the borrower with guaranteed regular receipts of funds to the account.

Conditions for obtaining an overdraft

Each bank presents its customers with its own lending conditions. For legal entities and individuals, these conditions will be different. Consider the proposals of VTB 24 for this type of lending.

Conditions for legal entities:

• loan amount - from 850,000 rubles;
• the maximum amount under the limit is up to 50% of the working capital on the client's accounts;
• the total loan term under the program is up to 2 years (in this case, each debt must be repaid within 60 days).

Benefits of this program at VTB 24:

• overdraft is issued without collateral;
• no commissions;
• repayment period - 60 days.

Conditions and benefits for individuals:

• interest rate - 12% per annum;
• the debt is repaid upon receipt of wages on the client's card;
• commissions for non-cash purchases are not charged;
• registration for payroll clients takes place without a visit to the bank.

All information on this service for this bank is general, full documentation can be found on the official website of the financial institution.

Registration procedure

To apply for the Overdraft service, you need to visit the office of the bank that was selected to connect this option. It is advisable to choose the bank in which the client receives wages or has a current account.

For the overdraft to work, you need to sign an agreement on the provision of this service. The Bank will provide such an option only to those customers who have confirmed their solvency with a certificate of income or a negotiable component on their plastic card.

Which banks provide overdraft?

Today, almost every bank can provide an overdraft for its customers. Some of the most reliable banksproviding such a service:

1. Sberbank
2. Alfa Bank
3. Rosselkhozbank
4. VTB 24 (VTB)

In any case, the borrower should be guided by the conditions of each bank and choose the best offer. First of all, you need to pay attention to the financial institution in which the client receives his salary.

Conclusions from the article

Using an overdraft is a very convenient lending tool. In certain situations, such a simple method of obtaining borrowed funds can help out a lot at the right time. The main advantages of such a service are the convenience of receiving the missing amount to your account and subsequent repayment of the debt. If you often need cash before payday, you should think about connecting this tool to your card.

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