Currently, the list of information requested by banks is comparable only to the data required from companies and individual entrepreneurs tax office. BUKH.1S figured out what documents banks can legally request, and what consequences await clients for failure to provide them.

What documents do banks require based on 115-FZ?

Banking activities are regulated by a huge number of various laws and regulations. One of these documents is Federal law dated 07.08.2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

In pursuance of this law and referring to its own norms, banks require a lot of various documentation from clients. Clients sometimes feel that the requested data has nothing to do with the activities of banks and does not affect the interests of the state. But banks think differently. For example, banks, checking the purity of transactions, request documents under standard agreements that organizations have been entering into for many years. According to clients, such bank requirements are, at a minimum, strange, and, at a maximum, contrary to current legislation. In particular, for example, in cases where the requested information constitutes information protected by law.

Cheat sheet on the article from the editors of BUKH.1S for those who don’t have time

1. Currently, banks require a lot of various documentation from clients, checking the purity of transactions.

2. To identify not only the client himself, but also to check and record all transactions made by him, which seem suspicious to banks, is required by the Federal Law of August 7, 2001 No. 115-FZ “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism "and Regulations of the Bank of Russia dated October 15, 2015 No. 499-P "On identification of clients...".

3. Clause 14 of Article 7 of Law No. 115-FZ establishes the obligation of clients to provide information necessary for banks to comply with legal requirements.

4. An analysis of the Federal Law of 08/07/2001 No. 115 and the Bank of Russia Regulations of 10/15/15 No. 499-P allows us to come to the conclusion that the right of banks to request documentation is practically unlimited in general.

Indeed, sometimes banks require you to provide personal information employees of organizations, balance sheet, information about taxes paid, etc. Of course, such requests cause a lot of indignation among clients.

As we can see, the list of documentation is very extensive, and in some cases it may be even longer. Moreover, sometimes too little time is given to prepare and submit these documents, which leads to even greater dissatisfaction of clients and their justifiable indignation.

In this regard, a logical question arises: do banks have the legal right to demand all these documents from clients?

Are banks' demands for documentation legal?

As the banks themselves explain, they request documents in such volumes for a reason. This is not their personal whim, but the requirements of the Federal Law of August 7, 2001 No. 115-FZ “On Combating the Legalization (Laundering) of Income...” and Bank of Russia Regulations dated October 15, 2015 No. 499-P “On Customer Identification...”.

These legal regulations oblige credit institutions to identify not only the client himself, but also to check and record all transactions made by him that seem suspicious to banks. And if the client can be checked at the stage of opening to him bank account, then the bank can check the purity of the transaction only at the stage of making cash payments.

What exactly does these regulations say? For example, Art. 7 of Federal Law No. 115-FZ dated 08/07/2001 states that when identifying a client, his representative, beneficiary, as well as updating information about them, banks have the right to require the presentation of relevant documents.

Their list includes identification documents, constituent documents, state registration documents legal entity (individual entrepreneur). The bank may also request other documents necessary to comply with legal requirements.

And clause 14 of Article 7 of Law No. 115-FZ establishes the obligation of clients to provide information necessary for banks to comply with legal requirements.

Appendix 2 to Bank of Russia Regulation No. 499-P contains subparagraphs 2.7 – 2.9, which specify the powers of credit institutions to request documentation and information from clients.

Yes, pp. 2.7. establishes that the bank has the right to demand from its clients information and documents about the financial situation, including financial statements And tax returns. At the same time credit institution in its internal control rules, it independently determines the number and types of documents that it uses to determine financial situation client.

In paragraphs 2.8. it is indicated that the bank may request information about the client’s business reputation and reviews of him from other organizations that have business relations with him. In its internal control rules, a credit organization can also independently determine another type of documents that can be used to determine the client’s business reputation.

Finally, paragraph 2.9. allows you to request information about the sources of origin cash and other client property. The list of such information is again not exhaustive.

An analysis of the Federal Law of August 7, 2001 No. 115 and the Bank of Russia Regulations of October 15, 2015 No. 499-P allows us to come to the conclusion that the right of banks to request documentation is practically unlimited in general. At least, the legislation does not contain any such restrictions, nor does it contain an exact list of documents that must be provided at the request of a credit institution.

It turns out that banks have the right to request absolutely any documentation and in any volume. Is this really true? BUKH.1S asked the head of the department for legal support of professional participants to clarify the situation stock market GC "FINAM" Sergei Volodkin.

What documents can banks request to comply with the requirements of the anti-money laundering law?

Any documents that banks will include in their internal control rules. And usually this is an open list, because... It is initially impossible to determine the complete list of documents that may be needed in order to determine whether a given operation is carried out for the purpose of legalizing criminal proceeds or not. Those. any documents that may be required to analyze a specific transaction or the client’s activities in general.

Can banks require information containing personal data of third parties? For example, personal data of employees of a bank client company?

By law, banks are required to identify the client’s representative (including the sole executive body), the client’s beneficiary. And also take reasonable and accessible measures in the current circumstances to identify the beneficial owner. If these are all individuals (and the beneficial owner is only an individual), and it does not matter whether they are employees of the company or not, then banks are required to require information containing their personal data.

What deadlines for submitting the documents requested by the bank are established by law?

According to some sources, the deadlines have been set; according to others, the regulations say that banks set them themselves. The Central Bank considers the normal period to be 3-7 days; banks usually set such terms. If the bank sets long deadlines, the Central Bank believes that this was done specifically to help the client evade the procedures of Federal Law No. 115 of 08/07/2001.

What happens if you do not provide the information requested by the bank?

Failure by the client to provide information necessary for the credit institution to comply with the requirements of the law may be grounds for refusal to carry out the operation. If the bank has already refused two or more times, it is obliged to terminate the agreement and close the client’s account. The organization automatically ends up on the blacklist, which the Central Bank sends to banks, and there is a high probability that no other bank will open an account for such an organization.

The bank can also disable the system remote maintenance(Internet banking). Then the client will be able to manage the account only by submitting paper payments, which is not very convenient when the client is, for example, in Vladivostok, and the bank is in Moscow. And even if the client brings such a paper payment, the bank will always be able to exercise the right to refuse to carry out the transaction.

So, it turns out that banks not only have the right to demand documents from clients, but this is their responsibility. If this is not done, the bank may be fined a significant amount. The liability of banks is established by Article 15.27 of the Code of Administrative Offenses of the Russian Federation “Failure to comply with the requirements of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

Under this article, fines can reach 1 million rubles, and the bank’s activities can be suspended for up to 90 days. As a result, the credit institution’s license to carry out banking operations.

It is clear that banks are trying to protect themselves and are trying to thoroughly check the payments made by clients. It turns out that sending letters to clients to provide information is a common practice credit institutions related to compliance with the laws of the Russian Federation and the requirements of the Central Bank of Russia.

The fact that banks can request an almost unlimited amount of documents from their clients was confirmed by BUKH.1S in the Association of Russian Banks (ARB).

As she told us chief specialist legal department of the ARB Veronica Kinsburskaya, the law does not regulate the question of what documents and information are subject to demand from individuals and legal entities in order to verify their non-involvement in extremist activities or terrorism. Also, the law does not determine the procedure for credit institutions to conduct inspections of the activities of their clients. What exactly to request and how exactly to check clients, the bank decides independently:

The exact list of documents and information required from the client, the procedure for conducting client verification, including the procedure and timing for submitting the requested documents to the bank, as well as the procedure for recording the information received from the client are established by each credit institution independently. They are prescribed in the internal control rules.

If the bank suspects that any transactions are carried out for the purpose of money laundering or terrorist financing, the bank may request from the client detailed information about the client’s business objectives, business reputation, the purpose of a specific transaction and the sources of origin of the money.

According to paragraph 2 of Art. 6 of Federal Law No. 115-FZ, a transaction with funds is subject to mandatory control if at least one of the parties is an organization or individual in relation to which there is information about their involvement in extremist activities or terrorism. But at the same time, all other suspicious transactions are also subject to control.

An audit of the client’s activities and transactions may be carried out if bank employees have subjective suspicions that a specific operation is being carried out for the purpose of money laundering or terrorist financing. The corresponding right is granted to banks in clause 3 of Art. 7 of Federal Law No. 115-FZ.

If the client fails to provide the information necessary for verification, the bank may block the account, suspend expense transaction, refuse to enter into an agreement, or terminate the bank account (deposit) agreement with such a client.

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Those who suffer in this whole situation, of course, are bona fide clients who conduct trade or production activities and are in no way connected with terrorism and money laundering. Often the volume of information requested by the bank turns out to be so large that it is physically impossible to submit documents on time.

What should bank clients do in such situations? This is the advice he gives general manager consulting center "Profdelo" Tatiana Nikanorova:

Banks must take appropriate measures to prevent illegal transactions. We understand that for this they can request almost any documents and in any quantity. Accountants are familiar with banks that overcharge. If the documents are not submitted in full, the bank may close the current account. And here lies the catch: closing an account on this basis often implies an increased tariff for withdrawing funds from a current account to another bank. This is up to 10% of the amount. You can, of course, complain to the Central Bank of the Russian Federation, and it will determine whether the request from the bank was legal or not. My recommendation for “white” companies: if you receive an excessive request, urgently withdraw money from such a bank and open an account elsewhere.

It can be concluded that clients will have to comply with banks’ demands for the provision of documents and information. And if there is such a possibility, it is better to send the documents in full and on time. If such an opportunity is not available, and the bank demands more and more often, it is wiser not to wait for the account to be closed and switch to servicing in another credit institution.

The Bank requests clarification of the application of Article 7 of the Federal Law of August 7, 2001 N 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” (with amendments and additions coming into force on January 24, 2011 .).

Since January 24, 2011, the Bank has been required to identify the client’s representative, as well as update information about him:

1) Please clarify whether identification of persons entitled to the first or second signature of a client - a legal entity is necessary in accordance with the Card with sample signatures and seal imprints.

2) When identifying a client representative:

Is the Questionnaire of a “client representative” filled out as an individual or should data on the client representative be included in the Bank’s client questionnaire;

Is it necessary to establish the degree (level) of Risk;

In what cases should re-identification be carried out?

Consultants' opinion

1. Starting from January 24, 2011, in order to comply with the provisions of Article 7 of Law No. 115-FZ, the Bank is obliged to carry out identification :

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2. Consultants regard the identification of the client’s representative as an element of client identification, and therefore:

Information about the client’s representatives may be legally included (recorded) in the client’s Questionnaire (dossier);

When assessing the level of risk of a client performing transactions for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, one must take into account the information obtained as a result of identifying the client’s representative;

The Bank has the right not to re-identify the client’s representative on the basis of clause 2.6 of Regulation No. 262-P, if such a representative has previously been identified by the Bank in accordance with Article 7 of Law No. 115-FZ and Regulation No. 262-P, information about this representative is provided with prompt access access is permanent, and the Bank has no doubts about the reliability of the information previously received as a result of the implementation of the identification program.

Justification of the consultants' opinion

Law No. 176-FZ. In particular, the following changes are made to the provisions of Law No. 115-FZ, which come into force on January 24, 2011:

1) article 3, defining general concepts, used in Law No. 115-FZ, supplemented paragraphs with the following content (clause 2 of Article 1 of Law No. 176-FZ):

“organization of internal control - a set of measures taken by organizations carrying out transactions with funds or other property, including the development and approval of internal control rules and programs for its implementation, the appointment of special officials responsible for compliance with these rules and implementation of these programs;

implementation of internal control - implementation by organizations carrying out transactions with cash or other property of internal control rules and programs for its implementation, as well as compliance with legal requirements for identification clients, their representatives, beneficiaries, on documenting information (information) and submitting it to the authorized body, on storing documents and information, on training and education of personnel;

client - an individual or legal organization that carries out transactions with funds or other property;

beneficiary - a person for whose benefit the client acts, including on the basis agency agreement, agency agreements, commissions and trust management, when conducting transactions with cash and other property;

identification - a set of activities for establishing defined by this Federal Law customer information, their representatives, beneficiaries, by confirmation of the accuracy of this information using original documents and (or) duly certified copies;

recording of information (information) - obtaining and recording information (information) on paper and (or) other media for the purpose of implementing this Federal Law".

2) separate provisions Article 7 Law No. 115-FZ, establishing responsibilities organizations carrying out transactions with cash or other property will act in the next edition :

A) subparagraph 1 of paragraph 1:

« identify the client, client representative and (or) the beneficiary, except for the cases established by paragraphs 1.1 and 1.2 this article, and set the following information :

regarding individuals- last name, first name, as well as patronymic (unless otherwise follows from the law or national custom), citizenship, date of birth, details of an identity document, details of a migration card, document confirming entitlement foreign citizen or stateless persons for stay (residence) in Russian Federation, address of place of residence (registration) or place of stay, identification number taxpayer (if any);

in relation to legal entities - name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and location address";

b) paragraph 5 of article 7, establishing bans on credit institutions , supplemented paragraph with the following content:

conclude a bank account agreement (contribution) with the client in case non-representation client, client representative documents required for identification client, representative client in cases established by this Federal Law";

3) introduced paragraph 5.4 , according to which "At carrying out identification client, client representative, beneficiary, updating information about them organizations carrying out transactions with funds or other property, has the right to demand representation client, client representative and receive from the client, client representative documents identification documents, constituent documents, documents on state registration of a legal entity (individual entrepreneur)".

Simultaneously, changes introduced by Law No. 176-FZ, didn't touch provisions of subparagraph 3 of paragraph 1 of Article 7 of Law No. 115-FZ, which established duty "systematically update customer information, beneficiaries."

In accordance with paragraph 1.6 of Instruction No. 28-I, when opening a bank account, a deposit account, a credit institution must identify the client in the order established by law Russian Federation, and determine whether the client acts in his own interests or in the interests of the beneficiary. At the same time, when opening a bank account, a deposit account the bank must establish whether the person applying to open an account is acting on its own behalf or on behalf of and on behalf of another person who will be client. “If the person applying to open an account is a representative of the client, the bank is obliged to establish the identity of the representative client, as well as get documents, confirming that he has the appropriate authority. The bank must also establish the identity of the person(persons), vested with the right of first or second signature, and also person(s) authorized to manage funds located on the account, using an analogue of a handwritten signature, codes, passwords and other means confirming the presence of the specified authorities (hereinafter referred to as an analogue of a handwritten signature)"(clause 1.7 of Instruction No. 28-I).

“The bank is obliged to have copies of documents (or information about their details) identifying the client or the person whose identity must be established when opening a bank account or deposit account.

Information established by the bank when opening bank accounts, deposit accounts, including information about the client, his representative and beneficiary, must be documented in accordance with the requirements established by the legislation of the Russian Federation"(clause 1.8 of Instruction No. 28-I).

By virtue of paragraph 1.2 of Instruction No. 28-I the client may be refused to open banking accounts, deposit accounts, if documents not submitted, confirming the information required for client identification, or presented false information, as well as in other cases provided for by the legislation of the Russian Federation.

Within the meaning of paragraphs 1 and 2 of Article 182 of the Civil Code of the Russian Federation nrepresentative- the person making the transaction on behalf and on behalf of another person (represented, principal) by virtue of authority based on powers of attorney, indication of the law or an act of an authorized person government agency or organ local government. A person acting in someone else's interest, but on his own behalf, as well as a person authorized to negotiate possible future transactions, is not a representative.

In accordance with paragraph 1 of Article 53 of the Civil Code of the Russian Federation, a legal entity acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law, other legal acts and constituent documents. A representative of a legal entity acting on its behalf by virtue of instructions in the law and constituent documents (without power of attorney), is sole executive body(subparagraph 1 of paragraph 3 of Article 40 of Law No. 40-FZ, paragraph 2 of Article 69 of Law No. 208-FZ).

At the same time, by virtue of paragraph 1 of Article 185 of the Civil Code of the Russian Federation power of attorney recognized is a written authority issued by one person to another person for representation before other persons. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party. « Power of attorney on behalf of a legal entity issued signed his manager or other person authorized for this by its constituent documents, with the seal of this organization attached» (Clause 5 of Article 185 of the Civil Code of the Russian Federation).

Thus, Instruction No. 28-I still requires credit institutions to identify persons acting on behalf of and on behalf of clients, but to a “truncated” extent compared to the requirements of Law No. 115-FZ.

In accordance with paragraph 4.1 of Instruction No. 28-I when opening a current account a legal entity created in accordance with the legislation of the Russian Federation as a bank, among other documents provided card of sample signatures and seal impressions (hereinafter referred to as Card) And documents confirming the powers of persons indicated in the Card, to manage funds located in a bank account, and in the case where the agreement provides for certification of rights to dispose of funds in the account using an analogue of a handwritten signature, documents confirming the authority of persons authorized to use an analogue of a handwritten signature.

“The presentation of a new card to the bank must be accompanied by the simultaneous submission of documents confirming the powers of these in the card of persons for the disposal of funds located in a bank account, as well as identification documents of the person (persons) vested with the right of first or second signature. Bank does not have the right to accept a new card without submitting the specified documents , except for cases when the specified documents were submitted to the bank earlier and the bank already has them"(clause 7.14 of Instruction No. 28-I).

"In case the right of first or second signature is granted temporarily to persons, not indicated in the card, to the card temporary cards are presented, decorated in the manner established by these Instructions. At the same time, in the upper right corner on front side cards are marked "Temporary""(clause 7.16 of Instruction No. 28-I).

Thus, persons indicated in the Card are representatives of a legal entity who act on behalf of and on behalf of a legal entity in relations with the Bank under a bank account agreement. This statement is true for persons entitled to manage funds in a bank account (deposit) of an individual, legal entities created in accordance with the laws of foreign states, entrepreneurs operating without forming a legal entity, notaries and lawyers.

Therefore, starting from January 24, 2011, in order to comply with the provisions of Article 7 of Law No. 115-FZ The bank is obliged realize identification:

- the sole executive body of the client - a legal entity;

Persons entitled to manage funds in the bank account (deposit) indicated in the Card, both clients of legal entities and individuals;

Other persons recognized as representatives of the client in accordance with current legislation.

Requirements for identification by credit institutions of persons in their service (clients) and beneficiaries in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism are determined by Regulation No. 262-P.

According to clause 1.1 of Regulation No. 262-P the credit institution is obliged identify the person in its service (hereinafter referred to as client), when performing banking operations and other transactions in accordance with Law No. 395-1.

« Client information, beneficiary recorded in the client’s questionnaire (dossier) in accordance with the list given in Appendix 4 to these Regulations. At the discretion of the credit institution, other information may also be included in the client’s questionnaire (dossier).

The client’s questionnaire (dossier) can be filled out on paper or in electronic form. Client questionnaire (dossier), completed electronically, when transferred to paper media certified by the signature of an authorized employee of the credit institution.

The form of the client’s questionnaire (dossier) is determined by the credit institution.”(clause 2.3 of Regulation No. 262-P).

As noted above, for the purposes of applying Law No. 115-FZ, and, consequently, the by-laws issued in its development, a client is understood to be an individual or legal entity person being served an organization carrying out transactions with funds or other property.

The totality of the above norms allows consultants to conclude that the identification of the client’s representative should be regarded as an element of client identification. Therefore, it is lawful to include (record) information about the client’s representatives in the client’s Questionnaire (dossier).

In accordance with clause 2.11 of Regulation No. 262-P, a credit institution must update information received as a result of client identification, establishing and identifying the beneficiary, as well as reviewing the degree (level) of Risk as it changes specified information or changes in the degree (level) of Risk , But at least once a year in case the client's operation is classified as increased degree(level) of risk, and at least once every three years in other cases. A credit institution may also revise the degree (level) of Risk in other cases in the manner and within the time frame established by the credit institution.

The Presidium of the Supreme Arbitration Court of the Russian Federation in the Resolution dated April 27, 2010. No. 1307/10 came to the conclusion that the bank’s obligation to identify the client is not limited to the moment of concluding the bank account agreement and remains throughout the entire period that this client is on settlement and cash services.

Considering that the identification of the client’s representatives, in our opinion, is one of the elements of the client’s identification, we believe that when determining the timing of updating information about the client’s representatives obtained as a result of identification, one should be guided by the same principles as when updating information received in as a result of client identification. At the same time, we consider it necessary to draw the Bank’s attention to the need for identification when providing a new or temporary Card to the Bank. At the same time, in our opinion, the Bank has the right not to repeat identification client representative on the basis of clause 2.6 of Regulation No. 262-P, If such representative has previously been identified The Bank in accordance with Article 7 of Law No. 115-FZ and Regulation No. 262-P, for information about this client representative prompt access is provided on a permanent basis, and at the Bank there are no doubts about the reliability of the information previously obtained as a result of the implementation of the identification program.

In accordance with clause 2.2.2 of Letter No. 99-T, a credit institution, depending on the specifics of its clients’ activities, uses criteria for assessing the degree (level) of risk of a client’s transactions for the purpose of legalizing (laundering) proceeds from crime or financing terrorism, established in Appendix 1 to Letter No. 99-T, in addition to the criteria for assessing the degree (level) of risk established by Regulation No. 262-P.

Considering that the identification of the client’s representative is regarded by consultants as an element of the client’s identification program, we believe that when assessing the level of risk of the client performing transactions for the purpose of legalizing (laundering) proceeds from crime or financing of terrorism, the information received should be taken into account as a result of identifying the client's representative.

Documents and literature

1. Civil Code of the Russian Federation – Civil code Russian Federation (Part I) dated November 30, 1994. No. 51-FZ, (Part II) dated January 26, 1996. No. 14-FZ, (Part III) dated November 26, 2001. No. 146-FZ, (part IV) dated December 18, 2006. No. 230-FZ;

2. Law No. 115-FZ- Federal Law of the Russian Federation dated August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism”; Law No. 167-FZ- Federal Law of July 23, 2010 No. 176-FZ “On Amendments to the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” and the Code of the Russian Federation on Administrative Offenses";

3. Regulation No. 262-P – Regulations of the Bank of Russia dated August 19, 2004. No. 262-P “On identification of clients and beneficiaries by credit institutions in order to combat legalization (laundering) of proceeds from crime and the financing of terrorism”;

4. Instruction No. 28-I – Instruction of the Bank of Russia dated September 14, 2006. No. 28-I “On opening and closing bank accounts, deposit accounts”;

5. Letter No. 99-T- Letter from the Bank of Russia dated July 13, 2005. No. 99-T "O" methodological recommendations on the development of internal control rules by credit institutions in order to combat legalization (laundering) of proceeds from crime and the financing of terrorism.”

Law No. 176-FZ comes into force 180 days after the day of official publication (Article 3 of Law No. 176-FZ). Published in the “Collection of Legislation of the Russian Federation” on July 26, 2010.

“Credit organizations are prohibited from:”

“Under a bank account agreement, the bank undertakes to accept and credit funds received to the account opened for the client (account owner), carry out the client’s orders to transfer and withdraw the corresponding amounts from the account and carry out other operations on the account”(Clause 1 of Article 845 of the Civil Code of the Russian Federation).

Except for cases established by Law No. 115-FZ (clause 1.1 of Regulation No. 262-P).

01 August 2019, 18:21

Currently, the most promising segment of the microfinance market is online (on-line) lending. Its share in the total volume of microloans issued is only increasing every year. But, from March 29, 2016, the entire market of microfinance organizations (MFO) was divided by the legislator into two groups: microcredit companies (MCC) and microfinance companies (MFC). This division introduced significant changes and restrictions for online MFOs, primarily in terms of the possibility of conducting remote (online) identification of borrowers without visiting the MFO office. Let's try to figure it out Does an online MFO have the right to carry out such identification? subject to the provisions Federal Law of 07.08.2001 No. 115-FZ"On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" (hereinafter referred to as Federal Law No. 115)?

IMPORTANT! This The article is valid until September 30, 2019. As of October 1, 2019, amendments to Federal Law No. 115 come into force, which change the procedure for remote identification of MFOs of their clients (borrowers), and therefore This article will be updated.

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On March 29, 2017, changes to Federal Law of July 2, 2010 No. 151-FZ“On microfinance activities and microfinance organizations” (hereinafter referred to as Federal Law No. 151), according to which a microfinance organization (MFO) is divided into a microcredit company (MCC) and a microfinance company (MFC). In fact it's divided all MFOs into those who can issue online loans and those for whom it is prohibited.

In accordance with paragraph 1 of Art. 2 Federal Law No. 151:

Microfinance organization (MFO)- a legal entity that carries out microfinance activities and information about which is entered into the state register of microfinance organizations in the manner prescribed by Federal Law No. 115. Microfinance organizations can carry out their activities in the form of a microfinance company or a microcredit company.

Microcredit company (MCC)- type of microfinance organization carrying out microfinance activities, taking into account the established parts 1 and 3 of Art. 12 Federal Law No. 151 restrictions, which has the right to attract funds from individuals who are its founders (participants, shareholders), as well as legal entities, to carry out such activities.

Microfinance company (MFC)- type of microfinance organization carrying out microfinance activities, taking into account the established parts 1 and 2 of Art. 12 Federal Law No. 151 restrictions that meet the requirements of Federal Law No. 151 and regulations of the Bank of Russia, including own funds(capital), and has the right to attract funds from individuals, including those who are not its founders (participants, shareholders), to carry out such activities, subject to the restrictions established by clause 1, part 2 of art. 12 Federal Law No. 151, as well as legal entities.

More details What is the difference between MCC and IFC? We previously wrote in one of our articles posted on. Now let's look at the fundamental difference between MCC and MFC in terms of remote identification borrowers when providing online loans within the framework of fulfilling the requirements of Federal Law No. 115.

In accordance with clause 1.5-2 of Art. 7 Federal Law No. 115 only a microfinance company (MFC) has the right to assign based on the contract credit organization identification or simplified identification client - individual, as well as identification of the client’s representative, beneficiary and beneficial owner for the purpose of concluding an agreement with the specified client consumer loan(loan) provided to a client - an individual through the transfer of funds in accordance with the legislation on national payment system.

Requirements for microfinance companies (MFCs), which in accordance with clause 1.5-2 of Art. 7 Federal Law No. 115 may entrust credit institutions with identification or simplified identification, established By Directive of the Bank of Russia dated July 20, 2016 No. 4078-U"On the requirements for credit institutions that may be entrusted with identification or simplified identification, as well as for microfinance companies that may entrust credit institutions with identification or simplified identification" (hereinafter - Central Bank Directive No. 4078).

As follows from paragraph 3 of Central Bank Directive No. 4078, microfinance company (MFC), which in accordance with clause 1.5-2 of Art. 7 Federal Law No. 115, on the basis of an agreement, may instruct credit institutions to carry out identification or simplified identification, must meet the following requirements:

1. carrying out activities in the form of a business company;
2. carrying out microfinance activities for at least 2 (two) years from the moment information about it is entered into the state register of microfinance organizations (MFOs);
3. membership in a self-regulatory organization (SRO) in the financial market;
4. absence in one state register legal entities (Unified State Register of Legal Entities) records about the unreliability of information about such a microfinance company.

Thus, in order to entrust a credit organization with identification or simplified identification of a client - an individual for the purpose of combating the legalization (laundering) of proceeds from crime and the financing of terrorism (AML/CFT), it is necessary not only to have the status of an IFC, but also to comply with all of the above requirements.

Please note that Federal Law No. 115 does not contain separate rules in relation to microcredit companies (MCC). However, Federal Law No. 115 uses a separate term - simplified client identification. Let's look at it in more detail.

In accordance with Art. 3 Federal Law No. 115:

Identification is a set of measures to establish certain information in Federal Law No. 115 about clients, their representatives, beneficiaries, beneficial owners, authentication this information using original documents and/or appropriately certified copies. For example, for individuals, such a document will be a passport or other identity document.

Simplified client identification- an individual (hereinafter - simplified identification) - carried out in cases established by Federal Law No. 115, a set of measures to establish in relation to a client - an individual surname, name, patronymic (unless otherwise follows from the law or national custom), series and number of an identity document, and confirm the accuracy of these information in one of the following ways:

1. using original documents and (or) duly certified copies documents;
2. using information from organ information systems state power , Pension Fund RF, Federal Fund compulsory health insurance (MHIF) and (or) the state information system determined by the Government of the Russian Federation;
3. using unified identification and authentication system when using reinforced qualified electronic signature(UKEP) or simple electronic signature (SES), provided that when issuing a simple electronic signature key the identity of an individual is established when personal reception.

In accordance with clause 1.11 of Art. 7 Federal Law No. 115 simplified identification of a client - an individual can be carried out upon conclusion consumer credit (loan) agreement taking into account the features established by clause 1.12-1 of Art. 7 Federal Law No. 115, provided that all calculations are carried out exclusively V non-cash form on accounts opened in Russian credit organization.

Clause 1.12 art. 7 Federal Law No. 115 establishes that simplified identification of a client - an individual is carried out in one of the following ways:

1. through personal representation by a client - an individual, original documents and (or) duly certified copies of documents;
2. through referral by a client - an individual credit organization (CO), non-state pension fund (NPF), professional participant securities market (SSM), management company investment fund, mutual investment fund or non-state pension fund (UC UIF), including in electronic form, the following information about yourself: surname, name, patronymic (unless otherwise follows from the law or national custom), series and number of the identity document, insurance number individual personal account (SNILS) of the insured person in the personalized accounting system of the Pension Fund of the Russian Federation, and (or) taxpayer identification number (TIN), and (or) compulsory health insurance policy number (CHI) of the insured person, as well as subscriber number client - an individual using the services mobile radiotelephone communications. From clause 1.13 of Art. 7 Federal Law No. 115 it follows that if received, including using a unified system of interdepartmental electronic interaction (SMEV), from the information systems of government bodies, the Pension Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund (MHIF) and (or) state information system defined by the Government of the Russian Federation, confirming the coincidence of the information specified in paragraphs. 2 clause 1.12 art. 7 Federal Law No. 115 ( that is, the information specified in this paragraph), with information in the indicated information systems, as well as upon confirmation by the client - an individual of receipt of information to the subscriber number of the mobile radiotelephone communication specified by him, ensuring the passage of simplified identification (including the possibility of using electronic means payment), the client - an individual is considered to have passed the simplified identification procedure in order to provide the client with a consumer loan (loan), taking into account the features established by clause 1.12-1 of Art. 7 Federal Law No. 115;
3. through passage by a client - an individual authorization in unified system identification and authentication (USIA) using an enhanced qualified electronic signature or a simple electronic signature, provided that when issuing a simple electronic signature key the identity of an individual is established during a personal meeting, indicating the following information about yourself: last name, first name, patronymic (unless otherwise follows from the law or national custom), insurance number of the individual personal account (SNILS) of the insured person in the personalized accounting system of the Pension Fund of the Russian Federation. In fact, the ESIA is used for registration and authorization on the State Services portal. This means that the borrower must first, before concluding a loan agreement, registered on the State Services portal. To do this, as part of the initial registration on the State Services portal, you need personal presence of the borrower.

The first and third methods of simplified identification Not suitable for issuing online loans, as they require personal presence of the borrower, which does not allow remote (remote) identification.

Microfinance organizations (MFOs), including MCCs and MFCs, are NOT entitled to use the second method of simplified identification, since microfinance organizations (MFOs) are not included by the legislator in the list of organizations to which individual clients can send information about themselves.

But, seconda method for simplified identification of borrowers will be legal if the IFC, in accordance withclause 1.5-2 art. 7 Federal Law No. 115 will instructbased on the contractcredit organization (CO) carrying out identificationor simplified identification borrowers - individuals.

At the same time, the use of the second method of simplified identification by the ICC will in any case be illegal, since such a right is Federal Law No. 115 not provided for MKK. However, despite this, the majority of online MFOs in the form of MCCs carry out remote identification of borrowers using the second method, thereby violating the requirements of Russian legislation in the field of AML/CFT and taking on the risk of a supervisory response from the Bank of Russia.

In conclusion, we note that according to clause 1.12-1 of Art. 7 Federal Law No. 115 provisions clauses 1.11 and 1.12 art. 7 Federal Law No. 115 applies to consumer credit (loan) agreements, the amount of which does not exceed 15,000 rubles or the amount in foreign currency, equivalent to 15,000 rubles provided to an individual client through translation funds in accordance with the legislation on the national payment system in favor of the client - an individual.

Thus, in accordance with the current legislation of the Russian Federation conduct remote identification and issue online loans without the borrower visiting the MFO office Only microfinance companies (MFCs) CAN by means of an order on the basis of an agreement with a credit institution, identification or simplified identification of a client - an individual. At the same time microcredit companies (MCCs) DO NOT HAVE such a right.

In the case of a microcredit company (MCC) to provide an online loan in order to comply with the requirements of Russian legislation the borrower needs to visit the MCC office at least 1 (one) time for its initial identification. Very often, in the personal lending market, identification is carried out by MCC employees themselves, visiting the borrower’s address. This identification method allows you to comply with the requirements of Russian Federation legislation in the field of AML/CFT, significantly reduce MCC costs and not open additional offices service.

Many subjects of the Federal Law of August 7, 2001 No. 115-FZ “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” (hereinafter referred to as Federal Law No. 115-FZ) are familiar with the term “identification” and the verification procedure client in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter - AML/CFT), however, not all entities have still understood another similar term “simplified identification”. We at U-Piter Consulting are often contacted with questions about the differences between regular identification and simplified identification and which subjects of Law No. 115-FZ have the right to carry it out. For this reason, I decided to write a short article on this topic.

Your employees can also undergo training in our company on the program “Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” with the issuance of a certificate of the established form. Our company is accredited by the International Training Center for Financial Monitoring (Moscow) and conducts AML/CFT/CFT training . The training is conducted remotely (online course), so you can take part in the webinar while at your work or home computer.

On the requirements of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism” dated August 7, 2001 No. 115-FZ, imposed on banks and their clients.

Basic terms and definitions

Bank– Closed joint stock company City Invest Bank;

Client– an individual (including an individual entrepreneur and a person engaged in the procedure established by the legislation of the Russian Federation private practice) or a legal entity (including a credit institution) located or accepted for service by the Bank, as well as persons applying to the Bank for one-time transactions, including transactions without opening a bank account (deposit);

Beneficial owner- an individual who ultimately directly or indirectly (through third parties) owns (has a predominant participation of more than 25 percent in the capital) a client - a legal entity or has the ability to control the actions of the client;

Beneficiary– a person who does not participate in the operation, but for whose benefit the client acts, including on the basis of an agency agreement, agency agreement, commission and trust management, when conducting banking operations and other transactions;

Client Representative (Representative)– a person who carries out transactions and/or transactions with funds or other property on behalf of the Client, whose powers are confirmed by a power of attorney, agreement, law or act of an authorized state body or local government body, including persons who are granted the authority to open/ closure, order bank account(deposit) using remote banking technology;

Law No. 115-FZ- Federal Law of August 7, 2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”

Identification- a set of measures to establish those determined by the legislation of the Russian Federation and internal regulatory documents A bank of information about clients, their representatives, beneficiaries, beneficial owners, to confirm the accuracy of this information using original documents and (or) duly certified copies;

Blocking (freezing) of non-cash funds or uncertificated securities- prohibition to carry out transactions with funds or securities belonging to an organization or individual included in the list of persons in respect of whom there is information about their involvement in extremist activities or terrorism, or an organization or individual not included in the specified list, but in respect of whom there are sufficient grounds to suspect their involvement in terrorist activities activities (including the financing of terrorism).

1. Clients are obliged to:

Provide the Bank with the information necessary for the Bank to comply with the requirements of Law No. 115-FZ, including information necessary to identify the client, his representatives, beneficiaries and beneficial owners. In addition, in accordance with this norm, the Client is obliged, at the request of the Bank, to provide documents that are the basis for carrying out transactions.

2. Client identification

2.1. When accepting and servicing clients Bank identifies the client, client representative and (or) beneficiary.

When identifying, the Bank establishes the following information:

• in relation to individuals– last name, first name, and patronymic (if any), citizenship, date of birth, details of an identity document, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, address of residence (registration) or place of residence, taxpayer identification number (if available) and other information, in accordance with the legislation of the Russian Federation and internal regulatory documents of the Bank;
• in relation to legal entities- name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and location address and other information, in accordance with the legislation of the Russian Federation and internal regulatory documents of the Bank.

The legislator includes other information to be established in relation to legal entities:

• information on the purposes of establishing and the expected nature of the client’s business relationship with the Bank, as well as on the purposes of the client’s financial and economic activities, financial position and business reputation;
• information on beneficial owners, establishing in relation to them the information necessary to identify an individual.

If the beneficial owner is not identified, the Bank may recognize the client’s sole executive body as the beneficial owner.

In order to identify the client, the client’s representative, identify the beneficiary and beneficial owners, the client provides the Bank with a Client-Legal Entity Questionnaire, Questionnaire individual client, a client representative, an individual entrepreneur (in one file) and, if the client has a beneficiary, a Beneficiary Questionnaire (separately: legal entity, individual entrepreneur, individual entrepreneur).

2.2. Bank updates information about clients, client representatives, beneficiaries and beneficial owners at least once a year, and in case of doubts about the reliability and accuracy of previously received information - within seven working days following the day such doubts arose.

Identification client - an individual, client representative, beneficiary and beneficial owner not carried out:

1. when carried out by the Bank receiving operations from clients - individuals payments, if their amount does not exceed 15,000 rubles or an amount in foreign currency equivalent to 15,000 rubles.
2. when carried out by an individual transactions for the purchase or sale of cash foreign currency for an amount not exceeding 15,000 rubles or not exceeding an amount in foreign currency equivalent to 15,000 rubles.
3. when carried out by the Bank, including with the involvement of bank payment agents, transferring funds without opening a bank account, including electronic funds, if the transfer amount does not exceed 15,000 rubles or an amount in foreign currency equivalent to 15,000 rubles.

Despite the existence of the above-mentioned grounds for failure to carry out identification, the Bank will be obliged to carry it out in the event that Bank employees have suspicions that these operations are carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.

3. Suspension of customer transactions

The bank suspends the client's transaction, with the exception of operations for crediting funds received to the account of an individual or legal entity, for two business days from the day when the client’s order to carry it out must be executed, if at least one of the parties to the operation is an organization or individual, in respect of which measures have been taken to freeze (block) funds or other property, or a legal entity directly or indirectly owned or controlled by such an organization or individual, or an individual or legal entity acting on behalf of or at the direction of such an organization or individual.

After the expiration of the two-day period, the suspended operation can be carried out by the Bank in the usual manner only in the absence of any instructions regarding this operation from Rosfinmonitoring.

4. Refusal to conclude a bank account (deposit) agreement. Termination of a bank account (deposit) agreement.

4.1. The bank is prohibited conclude a bank account (deposit) agreement with the client in the event that the client or the client’s representative fails to provide the documents necessary to identify the client or the client’s representative.

4.2. The bank is prohibited open accounts (deposits) to individuals without the personal presence of the person opening the account (deposit) or his representative.

4.3. The bank is prohibited open and maintain accounts (deposits) to anonymous owners, that is, without the individual or legal entity opening the account (deposit) providing the documents necessary for its identification, as well as to open and maintain accounts (deposits) for owners using fictitious names (pseudonyms).

4.4. The Bank has the right refuse to enter into a bank account (deposit) agreement with an individual or legal entity if there is a suspicion that the purpose of concluding such an agreement is to carry out transactions for the purpose of legalizing (laundering) proceeds from crime or financing terrorism;

4.5. The Bank has the right terminate the bank account (deposit) agreement with the client in the event that two or more decisions are made during the calendar year to refuse to execute the client’s order to perform a transaction on the basis of paragraph 5 of this memo.

4.6. When identifying a client, client representative, beneficiary, beneficial owner, the Bank has the right to update information about them demand presentation by client, client representative and receive from the client, the client's representative, identification documents, constituent documents, documents on state registration of a legal entity (individual entrepreneur).

5. Refusal to execute the client’s order

The Bank has the right refuse to execute a client’s order to complete a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity, for which the documents necessary to record information have not been submitted in accordance with the provisions of Law No. 115-FZ, as well as in the event that Bank employees have suspicions, that the operation is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.

We draw your attention to the fact that the Bank’s actions to suspend operations, in accordance with paragraph 3 of this memo, and refusal to perform operations, in accordance with paragraph 5 of this memo, do not constitute grounds for the emergence of civil liability of the Bank.