Conclusion of a loan agreement. Judicial practice of dispute resolution (Bychkov A.)

Date of article posting: 03/14/2015

In their credit policy, banks try to minimize possible risks of non-payments from customers. Before issuing a loan to a borrower, it is carefully checked, solvency is analyzed, the prospects of the business and the ability to generate sufficient cash flow are assessed. As for citizen borrowers, banks check their financial situation and whether they have a stable income that will allow them to service the loan.
In order to ensure the repayment of the loan funds provided, banks use various instruments, in particular collateral, surety, property insurance, life and health of the borrower, and agree with the borrowers on the choice of a specific one. However, when formalizing relations with borrowers, banks must take into account the positions of the courts, developed in practice, which will allow them to minimize risks.

Issuance of credit

Banks can issue a loan either by a separate agreement signed by both parties, or by the borrower signing an application to join the general lending conditions. Such a statement records all the terms of the loan (amount, term, interest rate, etc.), and from the moment the bank credits funds to the borrower’s account (performing implied actions based on his application), he gets the opportunity to use them with the obligation to repay the loan upon expiration of the term with interest accrued on it.
Activation by the borrower of the issued credit card and his signing of the application form indicate the intention to use the corresponding loan product and the emergence between the borrower and the bank of relations arising from the loan agreement (Appeal ruling of the Chelyabinsk Regional Court dated 07/03/2014 N 11-5907/2014).
According to the provisions of Art. 30 of the Federal Law of December 2, 1990 N 395-1 “On Banks and Banking Activities” (hereinafter referred to as the Law on Banks), relations between credit institutions and their clients are carried out on the basis of contracts, unless otherwise provided by the Federal Law. The agreement must indicate interest rates on loans and deposits, the cost of banking services and the timing of their implementation, including the processing time of payment documents, the property liability of the parties for violation of the agreement, including liability for violation of obligations regarding the timing of payments, as well as procedure for termination and other essential terms of the contract.
The requirements for concluding an agreement in writing are established in Art. 160 of the Civil Code of the Russian Federation, according to which bilateral agreements can be concluded in the ways established by paragraphs 2 and 3 of Art. 434 Civil Code of the Russian Federation.
In accordance with paragraph 2 of Art. 434, an agreement in writing can be concluded either by drawing up one document signed by the parties, or by exchanging documents through postal, telegraphic, teletype, telephone, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement. At the same time, according to clause 3 of Art. 434 of the Civil Code of the Russian Federation, the written form of the agreement is considered to be complied with if the written proposal to conclude an agreement is accepted in the manner provided for in paragraph 3 of Art. 438 of the Civil Code of the Russian Federation, i.e. performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in the offer.
Consequently, the borrower’s acceptance of the bank’s offer to provide a loan by activating a credit card indicates the conclusion between the parties in the proper form of an agreement on the issue and servicing of a credit card. Determining individual terms of the agreement with reference to the general conditions for issuing and servicing credit cards and the tariffs for them as integral parts of the card agreement does not contradict the law.
In the general terms of lending, banks may also include the conditions of collateral and guarantees from third parties for the borrower’s loan obligation, for the acceptance of which an application with specific conditions signed by the guarantors and pledgors is submitted to the bank, which indicates the conclusion of a single mixed agreement that does not contradict the law (Appeal ruling of the Samara Regional Court dated September 16, 2014 N 33-9218).
Registration of credit relations by the borrower signing an application to adhere to the general lending conditions and accepted tariffs allows the bank to manage such tariffs by posting information about this on its website. Considering the presence in the borrower’s application of a note that he has agreed to the lending conditions and tariffs, this procedure for servicing does not contradict the Law.
The Bank will have the right to unilaterally change its tariffs for services provided to clients and operations carried out, including by posting information on the Internet or exchanging messages through various communication channels, including through the Bank-Client system, if such a procedure is agreed upon with clients in bank account agreements (Resolution of the Federal Antimonopoly Service of the Moscow District dated April 24, 2014 N A40-70482/2013).
The bank independently develops the terms of the loan agreement, which it then invites clients to accept by concluding an accession agreement. However, in its relationship with a consumer borrower, the bank must take into account that the terms of the loan agreement that infringe on the rights of the borrower as a consumer will be void by virtue of Art. 168 of the Civil Code of the Russian Federation and Art. 16 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights”. Thus, in particular, the loan agreement cannot contain such a basis for early repayment of the loan as the occurrence of circumstances that may complicate or make it impossible for the borrower to fulfill its obligations in a timely manner (Appeal ruling of the Saratov Regional Court dated July 22, 2014 N 33-4163).
According to paragraph 2 of Art. 811 of the Civil Code of the Russian Federation, if the loan agreement provides for its return in parts (in installments), then if the borrower violates the deadline established for the return of the next part of the loan, the lender has the right to demand early repayment of the entire remaining loan amount along with the interest due. The law does not contain any other grounds for early repayment of the loan.
The bank also does not have the right to use such a method as collateral for the return of a loan issued to a consumer as a pledge of rights under a bank deposit agreement, since the depositor in such a situation pays interest on the loan and does not receive any economic effect from the funds placed in the deposit, which serve the purpose of protecting rights bank, and the depositor himself is deprived of the opportunity to use them (Appeal ruling of the Krasnoyarsk Regional Court dated September 10, 2014 N 33-8760/2014).
Receiving a loan while simultaneously contributing part of it to a deposit at a low interest rate on a demand deposit is economically unprofitable and impractical for the consumer and infringes on his rights, therefore such a mixed agreement for the provision of a loan with the contribution of part of the funds to the deposit in relation to this obligation is invalid.

If the borrower is a merchant

As for business borrowers (organizations and individual entrepreneurs), the bank can agree with them on establishing various grounds for early termination of a loan agreement and claiming the loan amount based on the principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation). In loan agreements with merchants, banks have the opportunity to use even floating interest rates, which are determined taking into account indicative rates on the interbank market, which does not contradict the law (Resolution of the Federal Antimonopoly Service of the Ural District dated November 19, 2009 N F09-9261/09-C5).
In particular, in the loan agreement, the bank may provide for the accrual of interest at a fixed interest rate and at a floating rate, which is determined, for example, on the basis of the MosPrime indicative rate published on the website www.nva.ru on the dates of the loan or interest accrual. Calculation of interest based on the indicative rate is the fulfillment by the parties of the agreed terms of the loan agreement on the payment for the loan, and not its unilateral change. If the bank, under the terms of the loan agreement, must notify the borrower of changes in the indicative rate, then failure to fulfill this obligation does not relieve the latter from the obligation to pay interest (Resolution of the Federal Antimonopoly Service of the Ural District dated November 19, 2009 N F09-9261/09-C5).
In a loan agreement with a merchant borrower, a bank may provide for its right to unilaterally change the interest rate for using a loan depending on changes in the economic situation in the country, for example, due to the onset of a crisis. This circumstance can be established on the basis of reliable publications in the media, official documents (for example, the message of the President of the Russian Federation to the Federal Assembly of the Russian Federation), which is a sufficient basis for increasing the interest rate (Resolution of the Federal Antimonopoly Service of the Moscow District dated March 13, 2012 N A40-125174/10-47- 1096).
The bank’s right to unilaterally change the interest rate on a loan must be expressly provided for in the loan agreement, indicating the grounds upon which it can be made (Part 2 of Article 29 of the Banking Law). At the same time, the bank is obliged to provide evidence that such grounds actually occurred (Information letter of the Supreme Arbitration Court of the Russian Federation dated January 26, 1994 N OSCH-7/OP-48 “Review of the practice of resolving disputes related to the execution, amendment and termination of loan agreements”) .
For business borrowers, banks can also divide loan payments into interest for using the loan and a fee for servicing it, which will make the loan more economically attractive for the borrower due to the low interest rate. However, in this case, banks must include the condition on the commission for servicing the loan in the section on the loan fee so that the borrower cannot challenge it as a transaction made under the influence of a misconception (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 15, 2013 N 6560/13 in case N A40- 52911/12-42-214).
These borrowers may also be offered a credit product such as opening a revolving or non-revolving credit line, which allows the borrower to request tranches within the agreed limit, and the bank is obliged to provide them. At the same time, the specificity of this loan product is that the bank has the right to charge the borrower a fee for servicing the credit line even if the borrower did not actually submit an application for receiving tranches.
If the loan agreement provides for the issuance of a loan within the established debt limit (renewable or non-renewable limit of the credit line) and the borrower has the right to receive a loan within the stipulated period not in full amount and at his first request, then even in the absence of his requests for a loan from the bank in any case, has the right to receive a commission for using the credit line (Resolution of the Federal Antimonopoly Service of the Moscow District dated April 1, 2014 N F05-2311/2014). Under such a loan agreement, the bank does not have the right to refuse to provide funds to the borrower, but, on the contrary, is obliged to provide funds upon the borrower’s first request. If the bank does not provide funds within the period stipulated by the loan agreement, it is liable in accordance with the current legislation of the Russian Federation or the agreement. In this situation, the bank has an obligation to issue a loan tranche, but the borrower has no obligation to request tranches, i.e. the bank actually guarantees the availability of amounts within the credit limit at the request of the borrower and does not have the right to refuse to provide them.
Accordingly, the opportunity to choose between receiving funds and not receiving them is a benefit for the borrower, i.e. in this case, a commission may be paid for this benefit, which the borrower does not have when concluding a regular loan (one-time) agreement. The commission established by the agreement compensates for the bank’s additional costs arising when reserving the free balance of funds in the amount of the credit line limit. In this regard, the bank has the right to charge the borrower a commission for servicing the credit line, due to which it has the right to request tranches, since in this case the bank’s independent service is to reserve funds for the borrower within the agreed limit, within which he can receive the necessary amounts to him within a certain period (Resolution of the Federal Antimonopoly Service of the Volga Region dated April 15, 2014 N A72-4357/2013).
If the borrower does not use the limit or does not submit any application at all, the financial costs of the bank consist in the fact that it does not have the opportunity to use funds (place them by issuing other loans) due to the need to reserve them for the borrower.
The bank also has the right to withhold a commission for early repayment of the loan, which is intended to compensate for its losses associated with non-receipt of interest income (Resolution of the Federal Antimonopoly Service of the Moscow District dated July 22, 2014 N F05-7202/2014), provided that its amount and payment procedure are agreed upon parties to the loan agreement. The borrower also benefits in this situation because he saves on interest.
Currently, in judicial practice, the question of whether the bank has the right to charge the borrower a commission for prolonging the loan agreement or not is controversial.
One of the opinions is that, within the framework of a lending relationship, the bank’s collection of any other fee from the borrower, in addition to the fee for using the loan, is conditioned by the bank’s provision of a certain service that creates for the borrower some additional benefit or other useful effect. The fee for prolonging a loan agreement is illegal, since it is charged by the bank for performing a standard action (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated January 23, 2014 N A82-4452/2013).
This position is shared in the Resolution of the Arbitration Court of the Ural District dated October 31, 2014 N F09-7194/14, which rejected the bank’s argument that the fee for prolonging a loan agreement has a beneficial effect for the borrower in the form of extending the loan repayment period and releasing him from obligation pay a penalty for late repayment of the loan, since these actions of the bank do not directly create for the borrower any separate property benefit not related to the concluded agreement.
However, a different position on this issue is contained in the Resolution of the Arbitration Court of the Moscow District dated October 14, 2014 N A40-14787/2013, which states that the commission for the extension of the loan agreement is legal, since in this case the borrower receives a deferment in repaying the loan funds and the opportunity to use. If a fine is provided for violating the deadline for repayment of loan funds established in the loan agreement, then the positive economic effect for the borrower also lies in the exemption from its payment.
Therefore, if a bank sets a fee for prolonging a loan agreement, then it is advisable to provide for the possibility of charging it in advance in the initial loan agreement, and in the case of prolongation, also obtain a separate application from the borrower with a request to extend the term of the agreement and agreement to pay the commission. When proving a positive economic effect for the borrower in the form of no need to pay a fine, the bank must be ready to justify that the amount of the fine due is greater than or equal to the fee for prolonging the loan agreement.
When concluding a loan agreement, special attention should be paid to visually checking the borrower’s passport, in particular, use a resource with data on the validity of passports of citizens of the Russian Federation: http://services.fms.gov.ru/info-service.htm?sid=2000, since the bank can become a victim of scammers who stole or found someone else’s passport, altered the photograph and wanted to get a loan using it (Appeal ruling of the Moscow City Court dated 08/04/2014 N 33-20538). At the same time, the bank will not be able to get anything from a citizen of the Russian Federation who is the actual owner of the passport, since he personally did not apply for a loan and did not sign any relevant documents, if he immediately contacted the police after losing his passport. The bank will only be able to achieve the initiation of a criminal case against an unidentified person and receive the status of a victim with the abstract possibility of satisfying its claims if the criminal can be found.

Bank account instead of loan

In a loan agreement, the bank does not have the right to establish the borrower’s obligation to pay fees for opening and maintaining a loan account, since it is intended only to reflect the size of the borrower’s loan debt. He will not be able to carry out independent settlement operations on it, therefore opening and maintaining such an account is not an independent banking service, and the bank has no right to set commissions in this case. It should be taken into account that by stipulating illegal commissions in a loan agreement with a client, the bank will actually be financing someone else’s business. The Arbitration Court of the Volga District, in Resolution No. A12-32796/2013 dated August 26, 2014, considered the situation when banks were charged illegally withheld commissions from clients not by the clients themselves, but by merchants who bought claims from them. By purchasing claims for a fraction of their real value (the amount of the illegally written off commission), such merchants received income from the amount ultimately collected from the bank, turning it into a successful business.
In the case considered by the court, the bank established a fee for servicing and maintaining the loan. Since such services are not independent and do not create a useful economic effect for borrowers, charging a commission for their provision is illegal. Therefore, the commission fee is refundable as unjust enrichment. Having purchased the right to claim the return of the commission from the client, the merchant subsequently filed a claim against the bank and successfully recovered the entire amount of the commission from it.
However, the bank has the right to establish and charge fees for opening and maintaining a bank account, which is used to service the issued loan, since such an account, unlike a loan account intended to reflect loan debt, can be used by the borrower to carry out payment transactions (Appeal ruling of the Chelyabinsk Regional Court dated 09.09 .2014 N 11-9077/2014).
If the borrower, when concluding a loan agreement and a bank account agreement, acted voluntarily and chose certain banking services at his own discretion, then there is no reason to believe that they were imposed on him (Appeal ruling of the Altai Regional Court dated February 11, 2014 N 33-1164/14) .
The bank can enter into a bank account agreement with a client with a loan agreement (overdraft), setting the appropriate parameters, which will actually be a loan agreement. At the same time, it is not even necessary to indicate the overdraft limit in it, since the absence of an agreed upon condition on the overdraft limit in the bank account agreement is not a basis for releasing the borrower from the obligation to return to the bank the amount of the issued loan with accrued interest for its use and a penalty for violating the deadline for repaying the loan funds (Appeal ruling of the Omsk Regional Court dated April 23, 2014 N 33-2507/2014).
The condition on the limit of the overdraft provided to the borrower is not an essential condition of the bank account agreement, therefore the absence of an agreement between the parties in this regard does not relieve the borrower from fulfilling his obligations to the bank if the loan was provided to him.
If credit funds are provided by crediting to the borrower’s bank account, then the bank must notify him of the crediting of money to the account, since due to the absence of such notification and the borrower’s failure to use the amount credited to his account, the bank will not have the right to demand the collection of interest for using the loan and penalties for violation of the deadline for making payments (Appeal ruling of the Moscow City Court dated March 26, 2014 N 33-9411/14).
In addition, the bank will be deprived of the opportunity to use the money credited to the borrower’s account, being mistaken that he has provided a loan.
However, the bank does not have the right to impose the service of opening a bank account on the client, since the latter can initiate the recognition of such a transaction as invalid, citing the fact that he was not interested in its implementation. In the event of a dispute, the court takes into account such circumstances as the client’s need to open a bank account, carrying out operations on it other than withdrawing loan funds and subsequent payment of the loan (Appeal ruling of the Nizhny Novgorod Regional Court dated 09/03/2013 N 33-7421/2013), the presence of a condition on the borrower’s obligation to pay for maintaining the account in the very text of the loan agreement (Appeal ruling of the Bryansk Regional Court dated July 11, 2013 N 33-2166 (2013)), etc.
The court may listen to the borrower's arguments that the opening of an account for him by the bank did not create any additional convenience for him, but was carried out solely for the purpose of servicing the loan and the bank receiving additional property benefits in the form of a withheld commission (Appeal ruling of the Yaroslavl Regional Court dated September 20 .2012 N 33-5029/2012). In such a situation, the court may refuse to consider opening an account an independent banking service for which a commission may be charged, and declare the corresponding condition of the loan agreement invalid on the basis of Art. 168 of the Civil Code of the Russian Federation and Art. 16 of Law No. 2300-1 (Appeal ruling of the Vladimir Regional Court dated August 28, 2013 No. 33-2843/2013).
This design of a mixed loan agreement with a condition for paid account servicing is fraught with serious risks for the bank, since the contractual legal relationship between the lender and the borrower includes interrelated obligations: the loan is issued subject to the borrower opening a bank account, and it is opened in order for money to be transferred to it. amount of credit. Thus, the qualification of a consumer loan agreement as a mixed one not only does not refute, but, on the contrary, confirms the violation by the lender of the rights of the borrower-consumer (Cassation ruling of the Tambov Regional Court dated February 14, 2011 N 33-481). In this regard, if the bank wants to receive a fee for maintaining an account, it should formalize its relationship with the client either according to the overdraft model, or with the conclusion of two independent agreements: a credit and a bank account. At the same time, the service of opening an account should not be imposed on the borrower.

Credit card service

In almost all cases, the bank provides credit funds to the borrower by issuing a credit card in his name, to the account of which the funds are credited.
Withdrawing cash from an account at ATMs using a bank card is an optional banking operation that is carried out by the bank solely at the will of the client, i.e. is an independent service, for the provision of which, in accordance with the terms of the agreement concluded with the borrower, a fee agreed with him is provided.
The main purpose of the card is the ability to conduct non-cash transactions, so withdrawing cash using the card is an independent service of the bank to provide a loan in a simplified manner without contacting the bank and presenting any documents. This service is provided solely at the request of the citizen, and therefore cannot be considered imposed.
The bank issues a credit card, provides technical support, carries out non-cash transactions on behalf of the client to pay for goods and services, provides information support to clients, and provides clients with the opportunity to use credit funds around the clock. Issuing a credit card and servicing it is a complex financial service for which the bank, under the terms of the agreement, has the right to charge a commission from the client.
If the cardholder does not intend to bear the costs of paying for the specified service, he can use the bank card in another way. For example, when paying non-cash for goods, works and services, no commission is charged to the client.
The client has the right to choose various banking services within the framework of one banking product - a card agreement. He independently determines the procedure for using a bank card, which indicates that the bank has not violated the norm of clause 2 of Art. 16 of Law No. 2300-1 “On the Protection of Consumer Rights”. If the client wishes to receive credit funds exclusively in cash, he can use another bank product corresponding in content, the terms of which provide for the issuance of a loan through a cash desk. In this regard, the bank has the right to charge a commission from the client for servicing a credit card, since such an operation is an independent banking service for which a commission is allowed (Appeal ruling of the Kaliningrad Regional Court dated April 16, 2014 N 33-1538/2014).
Since the right to choose credit products (with or without credit cards) belongs to the client, when submitting an application for a credit card to the bank, he is obliged to pay a commission, and the bank has the right to charge it (Appeal ruling of the Sverdlovsk Regional Court dated June 11, 2014 N 33- 7292/2014). This commission is paid regardless of the interest for using the loan.
However, it should be borne in mind that in order to collect from the client a fee for maintaining an account, the bank must prove the provision of account management services in accordance with the rules of Art. 851 of the Civil Code of the Russian Federation, since otherwise is not established either by law or by the terms of the contract (Resolution of the Federal Antimonopoly Service of the Far Eastern District dated September 12, 2013 N F03-4098/2013).
The bank’s obligation to maintain a current account is not an independent service, the provision of which creates for the client some additional benefit or other useful effect, for which the bank has the right to demand payment from the client. The law imposes an obligation on clients to pay the bank for services when performing settlement transactions with funds in bank accounts. Accordingly, the mere presence of a current account (for the opening of which a separate tariff is provided) is not a service for which a fee can be charged from the client.
If the balance on the client’s account is 0 rubles, and evidence of any actions by the bank on the account is not presented, as well as evidence of the bank’s incurring any costs associated with the provision of account maintenance services, with the attachment of their calculation, then the bank’s services for servicing of the account is considered not provided, which excludes the collection of a commission from the client (Resolution of the Federal Antimonopoly Service of the Far Eastern District dated 08/04/2014 N F03-2926/2014).
This is due to the fact that the presence of a current account opened for a client at a bank is not in itself a service for which payment is provided, regardless of whether transactions were made on the account and whether other account maintenance services were provided, since the specified banking transaction involves the bank performing certain actions, including opening an account, accounting for cash flows on it, making payments, accepting claims submitted to the account, maintaining an account file, preparing account statements, processing decisions of tax authorities, orders of bailiffs in communication with client requirements, responses to invoice inquiries.

Loan in foreign currency

The bank has the right to issue a loan to the borrower in foreign currency and receive it back in it, since the current legislation of the Russian Federation does not contain any prohibitions in this regard (Appeal ruling of the Moscow City Court dated May 12, 2014 N 33-8553).
In accordance with paragraph 2 of Art. 807 of the Civil Code of the Russian Federation, foreign currency may be the subject of a loan agreement on the territory of the Russian Federation in compliance with the rules provided for in Art. Art. 140, 141 and 317 of the Civil Code of the Russian Federation, according to which the use of foreign currency on the territory of the Russian Federation is permitted in cases, in the manner and under the conditions determined by law.
Based on paragraphs. 1 clause 3 art. 9 of the Federal Law of December 10, 2003 N 173-FZ "On Currency Regulation and Currency Control" foreign exchange transactions between residents and authorized banks related to the receipt and repayment of loans and borrowings, payment of interest and penalties under relevant agreements are carried out without restrictions.
Since the legislation does not exclude the possibility of citizens owning foreign currency, and the owner has the rights to own, use and dispose of his property (Articles 141, 209, 213 of the Civil Code of the Russian Federation), settlements between the parties to a transaction directly in foreign currency do not indicate invalidity of the transaction.
The same rules apply to a loan agreement containing an indication of foreign currency as to a loan agreement concluded in rubles, i.e. The legal relations of the parties are governed by the provisions of Art. Art. 809 - 819 Civil Code of the Russian Federation.
In addition, when repaying a loan denominated in foreign currency, the bank has the right to receive a commission from the borrower in rubles, since in this case the bank provides an independent service - converting currency, which is actually purchased by the borrower from the bank, despite the fact that the latter is not deprived of the opportunity to repay the loan in foreign currency.
The borrower will not be able to cancel the loan agreement due to a deterioration in his financial situation due to a significant change in circumstances in accordance with Art. 451 of the Civil Code of the Russian Federation, from which the parties proceeded when concluding the contract, since this change in circumstances is not significant (Appeal ruling of the Moscow City Court dated August 22, 2014 N 33-27557). At the same time, a change in the financial situation of the borrower cannot be considered a significant change in circumstances, since it is not one of those whose occurrence could not be foreseen. By concluding these agreements, the plaintiff had to foresee, among other things, the possibility of a decrease in his monthly income and assume that the circumstances would not entail the possibility of failure to fulfill his obligations.
If the borrower fails to fulfill the obligation to repay the loan and accrued interest, the bank has the right to go to court, as well as implement other interim measures (submit a claim to the borrower’s guarantors, foreclose on the collateral, etc.).
When filing a lawsuit against a borrower, the bank must keep in mind that it has the right to demand the collection of only the actually incurred loan debt and interest on it, but cannot demand the collection of interest on the loan from the borrower for the future until the actual repayment of the debt (Appeal Determination Novosibirsk Regional Court dated May 20, 2014 N 33-4314/2014).
The court, in principle, cannot make a decision to collect from the borrower in favor of the bank interest for using a loan for a future time before the actual repayment of the debt, since such a court decision will be unenforceable, since it will not be possible to establish from it the exact amount of interest to be collected. However, if a delay occurs in the future on the part of the borrower, the bank is not deprived of the opportunity to file a claim to recover interest for the past period, indicating the specific amount of debt and attaching the corresponding calculation.

Borrower's life and health insurance

If the issuance of a loan is accompanied by the borrower joining a life and health insurance program, then in the application form for issuing a loan a note must be made that, by signing this document, the borrower voluntarily agrees with all the terms of the loan, they are understandable and clear to him, and enters into a loan agreement it in the absence of a difficult set of circumstances (Appeal ruling of the Samara Regional Court dated July 16, 2014 N 33-6892/2014).
The borrower’s agreement with the terms of both the loan agreement and joining the insurance program is evidenced by the very fact of signing the agreement consciously, without coercion, as well as its execution. In other words, the borrower voluntarily assumed obligations to fulfill the contract. At the same time, the issuance of a loan should not be made dependent on the conclusion of an insurance contract, i.e. the purchase of a loan product should not be subject to mandatory payment for services to connect to the insurance program. The loan agreement should not contain conditions that the borrower will be denied a loan without joining the insurance program.
In this situation, the borrower’s assertion that insurance was imposed on him by the bank will be unfounded, since the fact that there are obstacles to carefully reading the contract and the refusal to provide more detailed information will be impossible to prove.
Banks have the right to offer their borrowers a choice of lending conditions: with a more favorable interest rate, subject to the conclusion of an insurance agreement, which gives the bank additional guarantees of the borrower’s solvency, and a less favorable one without its conclusion. In this case, insurance is a measure to reduce the risk of loan non-repayment, which does not violate the rights of the consumer borrower, since he has the opportunity to refuse insurance (Appeal ruling of the Stavropol Regional Court dated 03/04/2014 N 33-1036/2014).
If the borrower voluntarily entered into an insurance contract for his life and health, had the opportunity to refuse it, and the bank did not make the possibility of issuing a loan dependent on the conclusion of the insurance contract, then there is no reason to believe that this service was imposed on the borrower (Appeal Determination of the Krasnoyarsk Regional Court dated February 12, 2014 N 33-1089/2014, A-33).
Judicial practice indicates that when issuing a loan, the life and health insurance service is not considered imposed on the borrower if he had the opportunity to refuse it when concluding the loan agreement, which, in particular, can be evidenced by the text of the application form, in which the column about insurance was filled out voluntarily by him (Appeal ruling of the Omsk Regional Court dated August 13, 2014 N 33-5052/2014).
If the borrower claims that the insurance service was imposed on him by the bank, he must provide evidence that he did not have the opportunity to refuse it and his free choice of services was limited (Appeal rulings of the Supreme Court of the Republic of Mari El dated 06.06.2013 N 33-948/ 2013, Yaroslavl Regional Court dated April 25, 2013 N 33-2540).
Therefore, if from the application form, the terms of which the borrower was familiar with, it follows that at the time of filling it out he had the right to choose whether to participate or not to participate in the insurance program, and if he refused to participate in it, it was necessary to make a mark in the appropriate box, then the service is not considered imposed. The borrower is obliged to fulfill the terms of the concluded agreements.
In addition, the bank has the right to charge the borrower a fee for joining the insurance program, since such an operation can be considered as an independent banking service. It includes the collection, processing and technical transfer of information about the client in connection with the conclusion of an insurance contract with him, and it is for this that the client pays the bank a commission (Determination of the Primorsky Regional Court dated October 27, 2014 N 33-9555), although in judicial practice it occurs and another opinion about the lack of consumer value of such a service for the borrower (Appeal ruling of the Supreme Court of the Republic of Chuvashia dated August 27, 2014 N 33-2986/2014), and the bank must also take into account such a possible risk.
Therefore, if the borrower repays the loan early, he does not have the right to insist that the bank return the fee paid for joining the insurance program. Please note that this commission and the insurance premium under the insurance contract are not identical in nature.
In paragraph 3 of Art. 958 of the Civil Code of the Russian Federation provides for the possibility of returning part of the insurance premium upon early termination of the insurance contract in the event that the probability of the occurrence of an insured event has ceased to exist and the insurance risk has ceased due to circumstances other than the insured event. Within the meaning of this article, the right to demand the return of part of the insurance premium belongs to the policyholder (bank) as a party to the insurance contract.

Individuals and credit institutions enter into agreements for the provision of certain services. They can be divided into two types:

• Bank account maintenance agreement.
• Bank deposit agreement.

Bank deposit agreement

An agreement concluded between a credit institution and a citizen expressing a desire to open is called a deposit agreement. It involves transferring funds for storage in order to generate income. In this case, the bank undertakes to return the deposit amount to the client and pay interest for the use of funds. The role of a depositor can be either an individual or a legal entity.
The agreement must be recorded by issuing a savings book or other document confirming the transaction. The deposit must be issued upon the client's first request. The amount of interest is established by the agreement; if the interest rate changes, it begins to apply from the next month after the change.

Remote banking agreement

Such an agreement is concluded by a bank client who wishes to use an electronic service system, or Internet banking. Payment for the DBS agreement is made according to bank tariffs, the amount is deducted from the client’s accounts. Actions take place from the moment of signing until the official statement of termination. The application must be submitted on paper. System services may include:

• Informing the client about receipts and expenditure transactions in the form of a text message.
• Payment for services and goods through online payments.
  

Termination of a banking agreement

There are several ways to terminate an agreement with a bank, but it is not always so easy to do.

1. The agreement can be canceled by agreement of the parties if the financial institution does not object.
2. According to the court decision, in this case it is necessary to pay a state fee in the amount of 200 rubles and draw up a statement of claim.
3. The contract can be terminated unilaterally, but this clause must be specified in the contract.

Universal banking service agreement

Regulates the general rules and conditions for the provision of services to individuals. These include:

• Servicing international accounts and issuing them.
• Opening and servicing of deposit accounts.
• Execution of operations using remote maintenance.
• Renting a safe deposit box, maintaining metal accounts.

To sign the agreement, you need to visit the bank office and sign the agreement. UDBO facilitates transactions on your accounts and deposits; all you need to do is fill out an application for the service.

The universal banking service agreement is designed to improve the quality of services provided .

Forms of banking agreements

The banking system provides for several forms of agreements:

• Loan agreement - the financial organization undertakes to provide funds in the amount and terms specified in the agreement. And the borrowed citizen will return the funds to the bank and pay additional interest for using the finances.
• Loan agreement - the lender transfers funds and property into the ownership of the borrower for the period specified in the agreement. The borrower undertakes to repay what was received in full.
• Factoring is the assignment of a monetary claim to a third party. The contract is paid and reciprocal.
• Bank account and deposit agreement. Under an account maintenance agreement, the financial institution agrees to open and deposit funds as they become available. Transfer them to organizations and citizens. The deposit agreement provides for the storage of funds by the bank, with subsequent return and payment of interest on the deposit.

A banking agreement is evidence of an agreement with the bank and must be concluded in writing. Careful reading when drawing up and signing will ensure that unpleasant moments are avoided.

Classification of types of banking agreements

The main classification of types of banking agreements includes division into two groups:

• a bank deposit agreement, where a bank or other financial organization, having accepted the depositor’s funds, undertakes to ensure the return of the full amount, taking into account its increase by an agreed interest rate;
• a bank account agreement, which implies the execution of client orders for the receipt and crediting of funds, issuing, moving them, withdrawing certain amounts, and carrying out various operations.

Types of bank accounts:

• by object: ruble or currency;
• by subject: legal entities, entrepreneurs, individuals. persons or credit institutions;
• by purpose: current accounts or special

Banking agreements include all conditions for the storage, use/movement of money within the framework of the Civil Code of the Russian Federation.

Types of banking agreements for entrepreneurs

Main types of banking agreements for entrepreneurs:

• by content of activity: production, sale, rental of real estate, provision of services;
• according to the composition of the parties: both parties are entrepreneurs or one of the parties is an entrepreneur.

Manufacturing contracts most often involve an order for a batch of goods. Sales include: purchase and sale, supply of goods, contracting, energy supply. Rentals relate to real estate and property: leasing, rental. For services/work: contract for repair/construction, state. projects. One party to the agreement is the entrepreneur: retail purchase and sale, rental, credit, transportation/expedition, agency and many others. Both parties are entrepreneurs: commercial concession, financial leasing, simple partnership.

Bank account agreement

A bank account agreement is concluded by the client and the bank for the storage of funds, crediting and disposal of cash by the client at its own discretion. Accounts include: settlement, deposit, loan, depending on the types of transactions performed. Any financial organization can act as a bank - legal entities that have a license and have received the right to raise funds on the terms of urgency, payment, and repayment. A client of a financial structure is considered to be any person using the bank’s services, including foreign citizens. Rarely does the state act as a party to a bank account agreement.

Depending on the specifics of the financial institution’s activities, the conditions specified in the agreement are individual in some details, but always guarantee compliance with current legislation.

Examples of banking agreements

Examples of banking agreements to familiarize the bank client in detail with the terms of cooperation offered by the institution are often presented on the official websites of financial institutions. At the office of any bank, upon request, a bank client, as well as a potential client, can be provided with an example of a banking agreement for making a deposit, receiving and other services.

Most often, individuals are offered lending services, banking services, the use of plastic cards (like MasterCard), legal entities: to open a bank/corporate account, accept cash, bank deposit, payment agent, lending (including Overdraft), opening a credit line.

Loan agreement

A loan agreement involves borrowing money, equipment, and other valuables for a certain period. Loan agreements at a banking institution are concluded with a client for the wintering of a certain amount of money for a specified period (usually for individual needs). The parties are obliged to repay the loan on time and with compensation, including interest for use and/or depreciation in the case of a reimbursable type, only repayment for an interest-free preferential agreement. The borrower can be an individual or a legal entity; for legal entities, financial organizations usually offer special terms of service and privileges.

Borrowing is subject to money, less frequently replaceable things, presuming the return of accepted property or funds or something identical. An object always has generic characteristics: number, weight, measure. The agreement comes into force from the moment the object is transferred and is expressed in the appearance of a debt obligation on the one hand and a right of claim on the other.

Bill of exchange and its types

A promissory note is practically the first security/debt receipt of its kind, the circulation of which is governed by a special law called promissory note. According to the document, the debtor, on the one hand, owes the creditor, on the other, a certain amount of money. Rights to the amount indicated in the document are freely transferred without the consent of the person who issued it.

So, a debt paper that is not subject to mandatory state registration, permitted for use as a means of payment, freely transferable, existing only in paper form - a bill of exchange. And its types are as follows: simple/solo and transfer/draft. Solo is most often used when there is a lack of funds when purchasing goods, as an obligation to pay the amount of the debt. When the specified amount of money is repaid, the holder of the bill gives the document to the borrower. The difference is that a bill of exchange is intended to be paid to a third party by his order, namely the creditor of the person to whom the debt is owed in this case.

Article 7. Conclusion of a consumer credit (loan) agreement

1. A consumer credit (loan) agreement is concluded in the manner established by the legislation of the Russian Federation for a credit agreement, loan agreement, taking into account the features provided for by this Federal Law.

2. If, when providing a consumer credit (loan), the borrower is offered additional services provided by the lender and (or) third parties for a fee, including life and (or) health insurance of the borrower in favor of the lender, as well as other insurable interest of the borrower, the an application for a consumer credit (loan) in the form established by the lender, containing the borrower’s consent to provide such services, including the conclusion of other agreements that the borrower is obliged to conclude in connection with the consumer credit (loan) agreement. The lender in the application for a consumer loan (loan) is obliged to indicate the cost of the additional service offered by the lender for a fee and must provide the borrower with the opportunity to agree or refuse to provide such additional service for a fee, including through concluding other agreements that the borrower is obliged to conclude in connection with a consumer credit (loan) agreement.

3. Consideration of an application for a consumer loan (loan) and other documents of the borrower and assessment of his creditworthiness are carried out free of charge.

4. If the borrower, at the request of the lender, has completed an application for a consumer loan (loan), but the decision to conclude a consumer loan (loan) agreement cannot be made in his presence, at the request of the borrower he is provided with a document containing information about the date of acceptance to consider his application for a consumer loan (loan).

5. Based on the results of consideration of the borrower’s application for a consumer loan (loan), the lender may refuse the borrower to enter into a consumer loan (loan) agreement without giving reasons, unless federal laws provide for the obligation of the lender to motivate the refusal to enter into an agreement. Information about refusal to enter into a consumer loan (loan) agreement or to provide a consumer loan (loan) or part thereof is sent by the lender to the credit history bureau in accordance with Federal Law No. 218-FZ of December 30, 2004 “On Credit Histories”.

6. A consumer loan agreement is considered concluded if agreement is reached between the parties to the agreement on all individual terms of the agreement specified in Part 9 of Article 5 of this Federal Law. The consumer loan agreement is considered concluded from the moment the funds are transferred to the borrower.

7. The borrower has the right to inform the lender of his consent to receive a consumer loan (loan) on the terms specified in the individual terms of the consumer loan (loan) agreement within five working days from the date of providing the borrower with the individual terms of the agreement, unless a longer period is established by the lender. At the request of the borrower, within the specified period, the lender provides him with free of charge the general terms and conditions of a consumer credit (loan) agreement of the relevant type.

8. The lender does not have the right to unilaterally change the individual terms of the consumer credit (loan) agreement offered to the borrower within five working days from the date of their receipt by the borrower, unless a longer period is established by the lender.

9. If the lender receives the individual terms of the consumer loan (loan) agreement signed by the borrower after the expiration of the period established by part 8 of this article, the agreement is not considered concluded.

10. When concluding a consumer credit (loan) agreement, in order to ensure the fulfillment of obligations under the agreement, the lender has the right to require the borrower to insure, at his own expense, against the risks of loss and damage to the pledged property in an amount not exceeding the amount of the claim secured by the pledge, as well as to insure other insurable interests of the borrower . The lender is obliged to provide the borrower with a consumer loan (loan) on the same (amount, repayment period of the consumer loan (loan) and interest rate) conditions if the borrower has independently insured his life, health or other insurable interest in favor of the lender from an insurer that meets the criteria established by the creditor in accordance with the requirements of the legislation of the Russian Federation. If federal law does not provide for the obligatory conclusion of an insurance contract by the borrower, the lender is obliged to offer the borrower an alternative option for a consumer loan (loan) on comparable terms (amount and repayment period for a consumer loan (loan)) without the mandatory conclusion of an insurance contract.

11. A consumer credit (loan) agreement, which provides for the obligatory conclusion by the borrower of an insurance agreement, may provide that if the borrower fails to fulfill the insurance obligation for more than thirty calendar days, the lender has the right to decide to increase the interest rate on the issued consumer credit (loan) to the level of the interest rate in effect at the time of concluding a consumer credit (loan) agreement under consumer credit (loan) agreements on comparable (amount, repayment period of a consumer loan (loan) terms of a consumer loan (loan) without the mandatory conclusion of an insurance agreement, but not higher than the interest rate under such consumer credit (loan) agreements, in force at the time the lender made a decision to increase the interest rate due to failure to fulfill the insurance obligation.

12. If the borrower fails to fulfill the insurance obligation under the terms of the consumer credit (loan) agreement for more than thirty calendar days, the lender has the right to demand early termination of the consumer credit (loan) agreement and (or) return of the entire remaining amount of the consumer credit (loan) along with the due interest for the actual loan period, notifying the borrower in writing about this and setting a reasonable period for repayment of the consumer loan (loan), which cannot be less than thirty calendar days from the date the lender sends the specified notice, except for the case provided for in part 11 of this article.

13. If the borrower violates the obligation of the intended use of the consumer loan (loan) provided for in the consumer credit (loan) agreement, provided with the condition that the borrower uses the funds received for certain purposes, the lender also has the right to refuse further lending to the borrower under the consumer credit (loan) agreement and ( or) demand full early repayment of the consumer loan (loan).

14. The documents required for concluding a consumer credit (loan) agreement in accordance with this article, including the individual terms of the consumer credit (loan) agreement and an application for a consumer credit (loan), can be signed by the parties using an analogue of a handwritten signature in a manner confirming it belongs to the parties in accordance with the requirements of federal laws, and is sent using information and telecommunication networks, including the Internet. Each time the individual terms of a consumer credit (loan) agreement are reviewed on the Internet information and telecommunications network, the borrower must receive notification of the period during which a consumer credit (loan) agreement can be concluded with the borrower under such conditions and which is determined in accordance with this Federal Law.

15. When concluding a consumer credit (loan) agreement, the lender is obliged to provide the borrower with information about the amounts and dates of payments of the borrower under the consumer credit (loan) agreement or the procedure for determining them, indicating separately the amounts allocated to repay the principal debt on the consumer loan (loan), and amounts allocated for interest repayment - in each payment, as well as the total amount of payments by the borrower during the term of the consumer credit (loan) agreement, determined based on the terms of the consumer credit (loan) agreement in force on the date of conclusion of the consumer credit (loan) agreement (hereinafter referred to as the payment schedule under a consumer loan (loan) agreement). This requirement does not apply to the case of a consumer loan (loan) with a credit limit.

(see text in the previous edition)

1. With remote lending, is there a transfer of money before signing the agreement?

1.1. No. Fraudsters! And clearly and without options. If you are required to make an advance payment on the Internet, especially for issuing a loan or loan, despite the fact that it can easily be withheld under an agency agreement with the lender, then they will blatantly lie to you and will forget about you exactly when they have lured out all the possible money, taking into account the degree of your gullibility.

2. What options are there when signing an agreement remotely?

2.1. Hello! Everything is the same as not remotely.

3. I just signed a loan agreement remotely.
And suddenly I realized what I had gotten myself into. What can be done?
LOAN AGREEMENT No. 8-516-24-0 on providing a loan to an individual

Joint Stock Commercial Bank e-wand, hereinafter referred to as the “Bank”, represented by Deputy Branch Manager Monika Krishkova, acting on the basis of power of attorney No. 6734871 on the one hand, and ***Passport number *** “Borrower”, on the other hand, together referred to as the “Parties”, have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1 The Bank undertakes to provide the Borrower with a loan in the amount of 150,000 rubles for a period of 48 months, inclusive of payment of interest for using the loan at a rate of 13.6% for consumer needs. And the borrower undertakes to return the received Loan to the Bank on January 17, 2024
2.Terms of settlements and payments

2.1 The date of issuance of the Loan is the date of formation of the loan debt.

The date of repayment of the loan debt and payment of interest and penalties is the date of receipt of funds at the Bank's cash desk or crediting of funds to the Bank's account.

2.2 The interest period is 1 (One) calendar month, excluding the first and last.

The first interest period begins on the day following the day of the first use of loan funds and ends on the last day of the month in which the first use of loan funds occurred.

The last interest period ends on the date of repayment of the Loan or on the date of final repayment of the principal debt under the Loan, depending on which date comes earlier.

Interest is accrued on the balance of the principal debt accounted for in the loan account at the beginning of the operating day, and is paid by the Borrower in accordance with the terms of this Agreement.

2.3 When calculating interest and penalties, the actual number of calendar days in the payment period is taken into account, and the actual number of calendar days in a year is 365.
2.4 The Borrower grants the Bank the right, if there is a debt on the Loan and/or interest for using the Loan, to write off funds received to the Borrower’s current account as they are received without acceptance to pay off this debt (Appendix No. 2). Direct write-off to pay off debt on the Loan is carried out regardless of the expiration of the deadline for using the Loan established in clause 1.1. of this Agreement, and regardless of the period for payment of interest established in clause 2.4. actual agreement.

2.5 On the date of repayment of the loan debt in the manner specified in clause 3.7. of this Agreement, the Client grants the Bank the right to directly debit funds from its current account in payment of interest accrued for the use of the corresponding amount, including interest determined by clause 8.2. actual agreement.

2.6 If there are no funds in the Borrower’s current account sufficient to repay the loan debt and pay interest on the loan repayment date, the Borrower is obliged to independently repay the existing loan debt and pay accrued interest.

2.7 Amounts contributed by the Borrower (debited from the current account by the Bank) to repay the debt under this Agreement are sent, regardless of the purpose of the payment specified in the payment document, in the following order:

Repayment of the Bank's costs for obtaining execution of this Agreement;
payment of penalties;
payment of overdue interest;
payment of urgent interest;
repayment of overdue debt on the Loan;
repayment of urgent debt on the Loan.

2.8 The Borrower’s obligations are considered to be properly and fully fulfilled after the return to the Bank of the entire amount of the Loan, payment of interest for using the Loan, penalties in accordance with the terms of this Agreement, determined as of the date of repayment of the Loan, and reimbursement of expenses associated with debt collection.

3. Obligations and rights of the BANK

3.1 The Bank is obliged:

3.1.1 issue (credit, transfer) the Loan in accordance with clause 2.2. actual agreement;

3.2 The Bank has the right:
3.2.1 check the Borrower’s solvency, his financial position, monitor the Borrower’s fulfillment of its obligations under the Loan during the term of this Agreement.

4. Obligations and rights of the Borrower

4.1 The Borrower is obliged:

4.2 timely replenish funds On-Line by transfer in the Bank’s payment system, available at http://credicorp.net/

4.3 ensure the repayment of the Loan under the terms of this Agreement;

4.4 not transfer information about this Agreement and all obligations arising in connection with its execution to third parties without the consent of the Bank;

4.5 receive a Loan on the day of concluding this Agreement;

4.6 inform the Bank about a change in place of residence and/or family composition, and/or work, and/or surname and other circumstances within 10 (Ten) calendar days from the date of the event.

5. The borrower has the right:

5.1 make an early repayment of the Loan and interest on the Loan in whole or in part on the date of the next payment, notifying the Bank in writing 2 (Two) business days before the expected date of payment.

5.2 The Borrower is liable for its obligations in accordance with this Agreement with all its property to the extent of the debt under the Loan, interest, penalties and other payments under the Agreement.

5.3 The borrower has the right to cancel the loan within 7 days. To refuse a loan, you need to write an application to a bank branch. Located at: ulice Karolinska 661/4, 186 00 Prague 8

6. TERM OF THE CONTRACT

6.1 The Agreement comes into force from the moment it is signed by the Parties and is valid until the Borrower fully fulfills its obligations under this Agreement.

7. Grounds and procedure for termination of the Agreement

7.1 The Bank has the right to terminate this Agreement in court and demand the return of the entire amount of the Loan, interest on the Loan and other payments provided for by this Agreement upon the occurrence of one or more of the following conditions:

7.1.1 failure to fulfill or improper fulfillment by the Borrower of its obligations under this Agreement to repay the Loan and pay interest on the Loan;

7.1.2 deterioration of the financial situation of the Borrower;

7.1.3 using the Credit for purposes other than the intended purpose established in clause 1.1.

8. RESPONSIBILITY

8.1 For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

8.2 In case of late payment (transfer) of the Loan and/or interest on the Loan, the Borrower shall pay the Bank increased interest in the amount of double the Loan rate on the amount of the overdue payment for each calendar day of delay for the period from the date following the date when the corresponding amount was due for payment , up to and including the date of its actual payment to the Bank.

9.Loan terms

9.1 The Bank opens an account for the Borrower in the payment system available at the Internet address https://dogovor.credicorp.net

9.2 The Loan is issued at a time by crediting funds to an account in the payment system through identification.

9.3 Repayment of the Loan is carried out monthly in equal installments, starting from 01/17/2020.

9.4 The loan is rightfully not repaid if the bank made a transfer to the payment system and the borrower did not withdraw funds

9.5 Withdrawal of credited funds must be completed within 24 hours. From the moment the money is credited to the payment system.

9.6 If after 24 hours the borrower has not withdrawn the credited money, then the entire credited amount is sent back to the bank. And the borrower will be able to receive the entire amount at the bank branch. In this case, the loan itself, in fact, will not be repaid.

9.7 Other conditions

9.7.1 Amendments and additions to this Agreement are valid if they are made in writing and signed by authorized representatives of the Parties.

9.7.2 All Disputes arising during the execution of this agreement are resolved by the Parties through negotiations, and if no agreement is reached, in the manner established by the current legislation of the Russian Federation.

9.7.3 In all other respects not provided for in this Agreement, the Parties will be guided by the current legislation of the Russian Federation.

9.7.4 In case of changes in the name, addresses, payment and other details, the Parties shall notify of the changes made within 20 (Twenty) calendar days from the date of the changes.

9.7.5 The Agreement is drawn up in two copies having equal legal force, one for each of the Parties.

10. Addresses and details of the parties

BANK: e-wand

Karolinska 661/4, 186 00 Praha 8

TAX ID: 47116102, CZ699003622

BANK CODE, LEI: 6100, 31570 01000 00000 26673

GIIN CODE (FATCA): EFJ4GA.99999.SL.203

BORROWER: Borrower ID: EQn8683476

Signature of the loan specialist:

3.1. According to the agreement, you have the right to refuse the loan - 7 days from the date of signing.

4. I called with PAO Credit Growing Region, they offered to apply for a loan remotely, they asked for 2000 rubles for the transfer of funds. They assured me that if they do not fulfill their obligations, I can, upon application to the sending bank, cancel the transaction and withdraw my money. And they also said that the contract would be brought for signing after the money had been transferred.

4.1. These are scammers, don't deal with them.

4.2. Dear Elvira, in this case you may become a victim of scammers. So don't get involved. You can apply for a loan by personally contacting the bank. Good luck.

Question on topic

I called with PAO Credit Growing Region, they offered to apply for a loan remotely, they asked for 2000 rubles for the transfer of funds. They assured me that if they do not fulfill their obligations, I can, upon application to the sending bank, cancel the transaction and withdraw my money. And they also said that the contract would be brought for signing after the money had been transferred.

5. I submitted an application for a loan on the Internet. They called me from Federal-Com Bank and they introduced themselves as their hotline number 84952051138 and offered to apply for a loan remotely. They said that I had to pay five thousand rubles for the money and they would transfer the amount of money I needed to the card I specified to my card in the specified bank. After this, a courier will have to come to scan my documents and sign the contract. They said the contract will be signed after the money arrives at my account. Is it so. maybe they are scammers. Please help me check this information. My friends told me that there is such a procedure in some commercial banks as remote registration; this is the first time I have encountered this and this is the first time I have heard of such a bank. They said that it is located in Moscow next to the Kazan railway station.

5.1. Alexander, these are scammers.

6. I want to take a loan from a private person, remotely. We got to the point of signing the contract. Is it possible to find out if everything is good in him or if he is a fraud? Here is the contract itself

CASH LOAN AGREEMENT No. 899

Citizen of the Russian Federation Anna Leonidovna Beloborodova, born 09/05/1980, registered and residing at the address of the city of Kurgan, Kirova street, district 84, square 3, passport 3715 number 643079 issued by the TP Federal Migration Service of Russia for the Kurgan region in the Belozersky district dated 11/13/2015 code 450- 005, SNILS 140-113159-86, hereinafter referred to as the LENDER on the one hand and Citizen of the Russian Federation Maxim Vladimirovich Sherstobitov, born on December 6, 1991, registered and residing at the address Perm Territory, Usolye city, Svobody Street, 215 Passport 5711 number 825193 issued by TP Federal Migration Service Russia in the Perm Territory in the Usolsky district code 590-091 dated December 14, 2011 SNILS 141-040-951 05, on the other hand, hereinafter referred to as the Borrower, collectively the “Parties”, and individually the “Party”, entered into this loan agreement for as follows:
1. THE SUBJECT OF THE AGREEMENT:
1.1. The Lender transfers into ownership of the Borrower on CARD number 4276 4900 4156 3265 Recipient Maxim Vladimirovich Sherstobitov, Recipient of PJSC SBERBANK of Russia funds in the amount of 200,000 (Two hundred thousand rubles) rubles for a period of 36 months with monthly payment according to the calculation of monthly payments but no later than the last day of the month to the personal account of the Lender Recipient: QIWI Bank (JSC) INN: 3123011520 Recipient's bank: QIWI Bank (JSC) BIC: 044525416 KPP: 772601001 ACCOUNT: 47416810600000000004 Correspondent account: 3010181020000000041 6 In the purpose of payment, be sure to indicate: Replenishment of Visa QIWI Wallet No. 9658690436
1.2. This agreement comes into force from the moment the Borrower receives funds, from this moment the Borrower is responsible for returning the funds to the Lender.
1.3. The loan amount is considered repaid at the time of making the last payment of the corresponding funds to the Lender upon expiration of the term of this agreement 1.4.. Early repayment is provided without penalties 1.5. .The loan transfer is carried out when the borrower pays the offer in the amount of 650 rubles.
2. CALCULATION PROCEDURE:
2.1. For the use of the Loan Amount, the Borrower pays the Lender interest at the rate of 14 percent per annum.
2.2. Interest is accrued from the day following the day the Loan Amount is provided until the day the Loan Amount is repaid, inclusive.

3. RESPONSIBILITY OF THE PARTIES
3.1. For late repayment of the Loan Amount, the Lender has the right to demand that the Borrower pay interest in the manner prescribed by clause 1 of Art. 811, clause 1, art. 395 of the Civil Code of the Russian Federation (regardless of the payment of interest provided for in clause 2.1 of the Agreement).
3.2. For violation of the terms for payment of interest (clause 2.2 of the Agreement), the Lender has the right to demand from the Borrower payment of a penalty in the amount of 1% percent of the amount not paid on time for each day of delay.
3.3. Collection of penalties and interest does not relieve the Party that violated the Loan Agreement from fulfilling its obligations.
3.4. In all other cases of failure to fulfill obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
4. DISPUTE RESOLUTION
4.1. All disputes related to the conclusion, interpretation, execution and termination of the Agreement will be resolved by the Parties through negotiations.
4.2. If an agreement is not reached during the negotiations specified in clause 4.1 of the Agreement, the interested Party submits a claim in writing, signed by an authorized person. The claim must be sent using means of communication that ensure recording of its sending (by registered mail, telegraph, etc.) and receipt, or handed over to the other Party against receipt.
4.3. The claim must be accompanied by documents substantiating the demands made by the interested Party (if the other Party does not have them), and documents confirming the authority of the person who signed the claim. These documents are submitted in the form of duly certified copies. A claim sent without documents confirming the authority of the person who signed it is considered unsubmitted and is not subject to consideration.
4.4. The Party to which the claim is sent is obliged to consider the received claim and notify the interested Party in writing about the results within 5 (five) business days from the date of receipt of the claim.
4.5. In the event of failure to resolve disagreements in the claim procedure, as well as in the event of failure to receive a response to the claim within the period specified in clause 4.4 of the Agreement, the dispute is referred to the general jurisdiction at the location of the defendant in accordance with the current legislation of the Russian Federation.

5. CHANGE AND EARLY TERMINATION OF THE AGREEMENT
5.1. All changes and additions to the Agreement are valid if made in writing and signed by both Parties. The corresponding additional agreements of the Parties are an integral part of the Loan Agreement.
5.2. The Agreement may be terminated early by agreement of the Parties or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.

6. FINAL PROVISIONS
6.1. The agreement is drawn up in three copies, one for each of the Parties and the third for the notary

Lender: ___________ Beloborodova Anna Leonidovna

Borrower______________Maksim Vladimirovich Sherstobitov.

6.1. Good afternoon
Whether it is a loan or a credit, if any payment is required for issuing money, this is a trick and fraud (clause 1.5.).

7. I issue a cash loan from my personal funds in two ways.
1. Registration during a personal meeting in the city of Bratsk, you will need a passport with you, but before the trip you will need to provide a photo or copy of your passport (main and registration), three contact phone numbers (! I don’t call numbers), address and information about work, employment /p on average. I also do not work with convicted persons. We conclude a contract with you + agreement and receipt. Applying for a secured loan where the maximum amount is determined individually, or according to Article 380 of the Civil Code of the Russian Federation (Deposit) = the amount of the monthly payment.
2. Registration is remote (maximum amount 3,000,000 rubles), video call is required after consideration of the application,
A package of documents (Passport and a second document of your choice (TIN, SNILS, registered or registered), three contact phone numbers, information about work, average salary. Registration of a contract + agreement + receipt, registration time from one hour and more depending on the amount.
A secured loan can be issued within 7 working days.
The deposit is not an advance payment; in case of full repayment of the loan, the deposit amount is returned by transfer or made as the last payment upon repayment. I called there after the video call and signed the documents remotely. I need to make the first payment like a deposit and then they will transfer the money to me.

7.1. Good afternoon. What's the question?

8. I would like to get some advice. They offered remote lending from the Moscow Bank. Since there are no branches of this bank in my city, they offered to receive the amount on the card of any bank I use. But, you need to transfer funds to their account in the amount of the monthly payment. Only after this the money will be credited to my account. Within 40 minutes the courier will arrive with the contract. After signing, the card with money will be active.

8.1. Tatyana, these are scammers. Once the funds are transferred, your creditor will disappear.

8.2. These are scammers. Banks and microfinance organizations never require any advance payments, commissions, etc., before they issue money. And remote ones - first an agreement is concluded with the courier, and only then the money is credited to the account. Again, without any prepayments...

Question on topic

I would like to get some advice. They offered remote lending from the Moscow Bank. Since there are no branches of this bank in my city, they offered to receive the amount on the card of any bank I use. But, you need to transfer funds to their account in the amount of the monthly payment. Only after this the money will be credited to my account. Within 40 minutes the courier will arrive with the contract. After signing, the card with money will be active.

9. I applied for a consumer loan via the Internet, filling out one application, offers were sent to all banks. They called from Invest Union Bank, and that’s how they introduced themselves. They said that the bank is located in Moscow, and I live in the Republic of Tatarstan. They offered to register remotely and asked me to pay a commission for the transfer to another bank, since my card is a Sberbank debit card, and they also said that a courier would arrive with documents to sign the contract. After transferring the commission to them, they asked to pay more for insurance, but initially there was no talk about the amount of insurance. I decided to refuse the loan, asked them to return the commission to me, to which they told me that they could not return it, although initially they said that if something happened they would return the commission.

9.1. Good afternoon.
Most likely these are scammers; they will not return your money.

10. This is what the private creditor answered, I agreed to the meeting, but have not yet received an answer. The loan has been approved. To receive a loan, we need to agree on the date of issue in my office in St. Petersburg (I set the day and time and provide the address). The signing of the agreement takes place in the presence of a notary. I do not work with third parties or powers of attorney! I will bear the costs of processing the loan.

When drawing up a loan agreement, the following documents are required:

1. Passport with registration (or a document confirming temporary registration);

2. SNILS

3. Certificate of state registration of an individual entrepreneur, if the citizen is engaged in private business.

The best guarantee for both parties is a personal meeting on a predetermined day to process and issue the loan.

If for some reason the borrower cannot be present in person, then by mutual agreement of the parties, a remote registration option is possible. When signing remotely, a sufficient guarantee will be the entry of an acceptance. Acceptance is agreement with the terms of the contract in accordance with the proposal (offer) of the other party. According to Art. 432-436,438,444 of the Civil Code of the Russian Federation, when remotely executing a loan agreement between individuals, acceptance (or digital signature) is a prerequisite.

Acceptance is made by transferring funds in the amount of 990 rubles by the Borrower in accordance with the agreement and to the details specified in the agreement.

It is possible to work with electronic wallets, which are your personal means of payment.

If the conditions suit you, indicate the method of signing that is convenient for you (to draw up an agreement for remote issuance of a loan, write the number of the means of payment).

10.1. No one will make decisions for you.

11. We are submitting documents for the correspondence department, the guy is 16 years old, already officially working.
The college says that documents (original certificate and application) can be sent by mail. And to sign an agreement on paid services, you need to arrive in person... And for this we only need to spend 2.5 - 3 hours one way... Is it possible to solve this issue remotely?

11.1. Hello.
If only you agree to send documents by mail for signing.

11.2. Mstislav, then, that they must be sure that it was you who signed it.

12. They offered to apply for a loan of 100,000.00 rubles remotely. I agreed. I paid for the following services through the transit account of my personal card: 1. 6200.00 rubles. 2. Insurance RUB 13,300.00. 3. Courier services, delivery of the contract for signing 6700.00 rub. Didn't receive the loan. The money was not returned. SCAM huh? Elena Smolentseva.

12.1. Good afternoon.

12.2. Hello!
The most common scammers. That's not how banks work. Contact the police.

12.3. These are scammers, you need to contact the police with a statement to initiate a criminal case under Article 159 of the Criminal Code of the Russian Federation.

Question on topic

The Moscow Industrial Regional Bank offers remote lending; they ask you to transfer a commission to them before signing the agreement.

13. I filled out an online application for a loan, called the Moscow bank MBK AutoKom, approved the loan, offered to draw up an agreement remotely, the courier service delivers the agreement to my city for signing, I must pay for the delivery myself, and receipt at VTB of my city, please write to me legally Is the bank working or are these scammers who make money on deliveries?

14. I want to take a loan remotely from a private person. Signing and exchanging contracts certified by a notary. Is it really possible to get funds in this way or is it not worth wasting time and money?

15). ..isn't this a hoax?

15.1. Good afternoon.
How did you find this bank? There are a lot of fraud cases now!

16. Such a question. SoyuzInvestBank called me and offered me a loan remotely, everything was the same as everyone else’s. But there is a commission for transferring funds. After signing the contract. What to do and how to be.?

16.1. Good afternoon.
In order to accurately answer your question and help you, you need to know the details.
How did you find this bank? What does this bank offer you? There are a lot of fraud cases now.

Question on topic

I am offered a loan remotely, but after paying the commission, the contract is signed by NAC - OIL BANK. I LEFT A REQUEST FOR RECEIPT AND TWO DAYS LATER THEY CALLED ME BACK. DO YOU THINK THIS IS SERIOUS OR A SCAM?

17. A representative of RosEnergo Bank called me and said that I had been approved for a loan, the bank is located in Moscow. Sent an SMS link to the bank. There are two options for applying for a loan: coming to Moscow or remote processing. I have to pay the amount for the transfer of money from the loan amount, because the bank does not have its own funds to transfer to my bank, because the salary card of another bank. That then a courier will arrive within an hour and a half and take a photocopy of my identification number and sign the contract. But first I have to pay the amount for the money transfer, this amount will be reduced next month for the loan payment. What to do? There is a bank website on the Internet. This is a lie?

17.1. Good afternoon.
In order to accurately answer your question and help you, you need to know the details.
How did you find this bank? What does this bank offer you? There are a lot of fraud cases now.

17.2. Most likely these are scammers, because... It is the scammers who always demand advance payment.
If a courier actually came to you, he would take this money in cash. So it looks a lot like cheating.

18. I want to apply for a loan remotely, the lender writes that I need to apply for a debit card and send the card number, he has a person in this bank who will confirm that I really applied for this card and using the details he will transfer the loan to me after signing the agreement which he will send to me by email, I will send him a scan of the signed contract, you don’t need to pay anything, there will be a payment schedule along with the contract. Can such a lender be trusted?

18.1. Not worth it. In your case, initially there is a vague scheme: from issuing a debit card, to checking your personal data by a third party and reporting them again to a third party by a bank employee.

19. I take out a private loan. The borrower calmly agrees to the meeting and signing of the contract and the deduction of the insurance fee (49 thousand from the loan amount) is this a fraud? I can also do everything remotely by sending documents and paying for insurance and then receiving money.

19.1. Hello.
If he asks for money before issuing a loan, he is a scammer.

19.2. Insurance is not paid for loans. In addition, there is no specific agreement yet - everything is fiction.

19.3. Anastasia, hello.
Most likely these are scammers, because... It is the scammers who always demand advance payment.
If you need a loan to pay off existing loans, then consider bankruptcy (this is much more profitable than refinancing).

20. Our organization needed to hire a remote employee who would work from home. To sign an employment contract and other documents that require the personal signature of the employee, he will come to the office. The employee will conduct all other work activities and communications remotely via telephone and the Internet (messengers, email).
Question: When transmitting messages and files via the Internet from a remote employee, is it mandatory for the employer to sign all these messages with a qualified digital signature? The question arose due to the fact that there is an assumption that an email is an electronic document:

In accordance with clause 11.1 of Art. 2 of the Federal Law of July 27, 2006 N 149-FZ “On information, information technologies and information protection”, an electronic document means documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, and also for transmission over information and telecommunication networks or processing in information systems.
In paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 57 "On some issues of application of legislation regulating the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts" the following definition of this concept is given: electronic document - a document created in in electronic form without prior documentation on paper, signed with an electronic signature in the manner established by the legislation of the Russian Federation.

Article 312.1 of the Labor Code of the Russian Federation “If this chapter provides for the interaction of a remote worker or a person applying for remote work and an employer through the exchange of electronic documents, enhanced qualified electronic signatures are used...”

20.1. Hello.
No qualified electronic signature is required to sign internal documents.
Now, if we are talking about an employment contract and agreements to it, if they are signed remotely, then it is needed.
For more detailed advice or preparation of documents, I recommend contacting any website lawyer you choose by personal message or via the contact information specified in the profile of the relevant lawyer.
Beware of scammers who may write you a personal message asking for your phone number, as well as call you or write you a personal message offering services and/or an invitation to a supposedly “free” consultation!

Question on topic

The loan was approved remotely, no prepayments are required, money is transferred immediately, available after signing the contract by the delivered courier, cash withdrawal at the bank by courier, is there a risk of fraud?

21. The offer for a loan from the bank is doubtful.
They offer to make a transfer with a preliminary commission of five thousand rubles. The money will be frozen. Before signing the contract via courier. Remote loan "RossEconombank"

21.1. If the proposal is in doubt, what then did you want to ask?

21.2. Scammers have contacted you.

21.3. Good afternoon.
How did you find this bank? There are many cases of fraud now!

22. I want to apply for a loan remotely, but I don’t know if it is safe and whether after signing the agreement I will actually receive a loan and how it works.

22.1. It is not safe. There is a very high risk of becoming a victim of scammers.

23. Please tell me what is the procedure for obtaining a remote loan between individuals. The investor offers to independently pay 1% from the notary for drawing up the agreement on his own, send her the agreement for signing, after which he (the private investor) transfers the money to a Sberbank card and I sign the agreement on my part. What could be the catch? Is this legal?

23.1. Good afternoon, write in PM. details of this investor and tel. I'll tell you who it is!

24. Question: Is it possible to sign a loan agreement for a mortgage for a co-borrower remotely? The main borrower can be present at the signing in person, but the co-borrower cannot (in another country)

24.1. The co-borrower must sign the loan agreement in his personal presence.

Question on topic

Without even understanding honestly from what I heard, I grew up and that’s it, they offered a loan remotely even today they will bring the money after signing the contract and paying for the transfer of 4500, what to do.

25. I sell goods remotely as an individual to a legal entity located in another city on the basis of a sales contract. The buyer demands to send a copy of my passport. Does he have the right to do this? And I would like to get advice from you, what are the main requirements when signing an agreement remotely (i.e., the exchange of signed agreements occurs via e-mail)?

25.1. Hello! There is nothing illegal in asking for a copy of your passport. The legal entity must also be convinced of your reality. When signing an agreement electronically, make sure what the legal entity is. the person exists, look it up on the Federal Tax Service website.

25.2. Hello Tatiana!
Firstly, You write that you are selling the goods by trial as an individual to a legal entity, and in the copy of Appendix No. 1 you attached to the equipment purchase and sale agreement No. 25/2019, the seller indicates a legal entity and the buyer is the legal entity LLC "Comprehensive Diagnostics".
Secondly, if you, as an individual, are actually selling your goods to a legal entity, naturally, the buyer has the right to demand a copy of your passport from you in case the dispute is resolved in court, since any address can be indicated in the contract
and any full name, but a criminal case may be initiated for falsifying a copy of a passport.
Third, Article 421 of the Civil Code of the Russian Federation defines freedom of contract.
Article 421. Freedom of contract
1. Citizens and legal entities are free to enter into contracts.
Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation.
2. The parties may enter into an agreement, either provided for or not provided for by law or other legal acts. To an agreement not provided for by law or other legal acts, in the absence of the features specified in paragraph 3 of this article, the rules on certain types of contracts provided for by law or other legal acts do not apply, which does not exclude the possibility of applying the rules on the analogy of the law (paragraph 1 Article 6) to the individual relations of the parties to the agreement.
3. The parties may enter into an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). The relations of the parties under a mixed contract are applied in the relevant parts to the rules on contracts, the elements of which are contained in the mixed contract, unless otherwise follows from the agreement of the parties or the essence of the mixed contract.
4. The terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts (Article 422).
In cases where the condition of the contract is provided for by a norm that is applied to the extent that the agreement of the parties does not establish otherwise (dispositive norm), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm.
5. If the terms of the contract are not determined by the parties or by a dispositive rule, the relevant conditions are determined by customs applicable to the relations of the parties.
Therefore, you have the right, by mutual agreement, to add any terms to the terms of the agreement, incl. regarding the signing of the agreement by the parties.
Good luck to you.

26. We are talking about the educational portal of Russia “Infourok”. On 02/28/19 I submitted and paid for an application for distance courses of additional professional education “Organization of work with students with disabilities in accordance with the Federal State Educational Standard. To start training, it was necessary to send scanned copies documents: my signed application for enrollment in the course, passport, diploma and signed contract. Having uploaded these documents, I successfully completed 4 modules in 2 days (at the expense of personal time), but access to the final test was blocked by the administration. According to Article 434. According to the Civil Code of the Russian Federation, a written agreement can be concluded by exchanging documents via electronic communication, which I initially did, as required. Now they require original documents from me by mail without fail, and on the basis of this they do not give me the opportunity to pass the final module, thereby. infringing on my rights and violating Article 434 of the Civil Code of the Russian Federation, which stipulates alternative methods of signing an agreement. Why should I be uncomfortable with my own money? In fact, they are disrupting my course completion. Help!

26.1. Federal legislation is mandatory for all citizens and organizations in the Russian Federation. Submit a written complaint. If you are not satisfied, go to court.

27. They approved the loan remotely, made an appointment with the courier, but must pay for the courier service, that the money must be on the card, the money will be transferred, but it will be frozen, after signing the agreement and paying for the courier service, they will unfreeze the loan. Is this a scam?

27.1. Certainly. The most real one.

27.2. Good afternoon.

In order to accurately answer your question and help you, you need to know the details. How did you find this bank?

28. I want to receive a loan from a private person remotely, before signing the agreement it says that I need to purchase an electronic signature, namely: For remote registration, come to the Certification Center and say that you need to obtain an electronic digital signature for a physical person. face. (professional, must be obtained only through a CA, is formed for a fee. I will not accept those made anywhere else.) It takes about 2-3 hours. You can order through my person for 1850 rubles. (Payment upon receipt of the signature in the file by email, no prepayment) The signature will be generated and sent as a file along with the program in this case by email. You just need to unpack the file and install the program, then I will send you a contract and explain what and how to do. A digital signature is issued everywhere for a fee. I do not accept anything received via the Internet. After receiving a signature, all further processing, including receiving money, will take no more than 30 minutes. Divorce or not?

28.2. Definitely a scam and it looks like something new.

28.3. Dear Kirill, this is not exactly a scam. But if you do it through his person, then yes. Personal presence at the CA is required.
1) EDS in a CA costs 450 rubles for individuals (Moscow)
2) You will only be provided with the keys, and the signature itself is generated by the Cryptopro program; it costs 4,500 from the manufacturer. Without it, the signature does not work.
3) The signature is made at the CA within 2-3 days urgently for a fee. It’s impossible to do it faster, since root certificates need to be coordinated with the Main CA.
In simple words: the keys are like details for a seal, but not yet the seal itself in physical form, but the blank for printing is the Cryptopro program. You can affix a stamp (EDS) only if everything is included.
Be carefull!

Question on topic

Today they called and offered to apply for a loan remotely from Atlas Bank, but when signing the agreement you need to pay a commission. Does such a bank even exist or not? Sincerely, Vladimir Ukhta.

29. Alliance Bank allegedly approved a loan in the amount of 300,000 rubles, the bank branch is only in Moscow. The only option to receive money is a remote transfer. The courier will arrive at Sberbank with the agreement, and I will receive my money after signing the agreement. The money will be transferred remotely and received at the bank's cash desk. That is, I have to pay 6,000 rubles for this transfer. The girl called back to the number indicated and stated all the same information as the loan specialist. What to do in such a situation, because there are no guarantees.

29.1. Have you still not realized that you are dealing with scammers?
There is no “alliance bank” in Russia, and after transferring the money, they will either try to extract something else from you, or you will never see (or hear) them again.

29.2. Good afternoon
This is a scam 100%
don't mess around.

30. We approved a loan from Ariva Bank. Registration remotely on the card. A courier will arrive to sign the contract. But you will also need to add one monthly payment to the card account, like an insurance premium, so that if you fail to pay, this money will be on the card. I wondered if it was worth registering, maybe they were scammers. There is a bank website, but it can be made. And how to check if they have a license.

30.1. Good afternoon, in order to help you I need to know the details. How did you find this bank?

30.2. Hello, I want to warn everyone: do not trust ARIVA Bank under any circumstances. These are scammers. I was personally convinced of this, I lost money, their phones immediately became unavailable.