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Because Of its simplicity and features notification to customers, banks can charge an outrageous Commission of legal entities. In our case, the Commission exceeded 350 thousand rubles. It is generally legal?
the Legal person is required to pay the counterparty approximately 5 million rubles in cash. As a customer of the savings Bank, he went to the Bank to withdraw the necessary amount. ... Came to the Commission more than 350 thousand rubles. This happened due to the fact that in may 2018, Sberbank raised the Commission for withdrawal of amounts over $ 5 million roubles from 0.6% to 6%.
In may 2018, the Bank has changed the tariffs for servicing of current accounts. Commission for cash withdrawals from the account through the cashier of the Bank was increased to 5% for amounts of up to 5 million rubles to 6% for amounts in excess of 5 million rubles. Was also increased the tariff for transfer of money resources from accounts of legal persons on account of a natural person — up to 3% for amounts from 1.5 to 5 million and to 6% for amounts in excess of 5 million rubles.
On appeal dissatisfied customers of Sberbank said that the new tariffs are published on the website. Employees of the credit institution is advised to go to the website in the section "news". Special customer frustration caused with respect to the issue of informing the users in this situation — because the phone and SMS messages with suggestions of potential services come from the Bank regularly.
In a press-service of Sberbank commented that a credit institution discloses information on the official website, and also uses additional channels for notifications: a banner or an informational message in the system "Sberbank Business Online", SMS-informing, sending letters by e-mail or Mail of Russia.
"Updating of tariffs for services of cash management services in the savings Bank is subject to the changes in legislation and current situation on the market of banking services. The Bank in a timely manner tracks changes and reacts to the market situation with observance of necessary terms for updated rates. Compliance with contractual obligations with customers and conduct notices under the terms of the contractual documentation is a mandatory event", — commented the representatives of Sberbank.
According to the current legislation, banks can change the rates unilaterally only if stipulated in the contract, and conditions of such changes. Bank customers are signed under such conditions in the contract, thereby voluntarily agreeing to the potential rate changes by the Bank. For many, this becomes a cause of financial loss.
the Bank chooses to inform customers
Federal law No. 395-1-FZ "On banks and banking activity" says that the Bank is not entitled to change the Commission, unless otherwise provided by the contract. "Credit organizations usually include a contract clause on the possibility of changing the tariff if the notification of the client. In the same contract can be transferred and the notification methods. The fact that the client has not received personal notice from the Bank employee, for example, a phone call or TEXT message does not mean that the Bank violated the terms of the contract", — says a leading expert on credit cards Banks.ru Ekaterina Martakova.
today the law does not stipulate exactly how the Bank should notify customers. He chooses the way itself.
According to the Chairman of the Association of Russian banks, head of the Duma Committee on financial markets Anatoly Aksakov, this rule may be amended in the autumn session of 2018 provided that the Department receives signals that banks change the rates unilaterally to the detriment of the customers.
Most people, by signing the Bank account agreement, do not study carefully the terms. Given the amount of text and numerous applications, this behavior is quite logical. Even fewer customers are watching news of the Bank. This can lead to financial losses due to the increase in Bank rates, the client won't know. This is especially true for entrepreneurs that perform operations for large sums of money.
the Users of banking services believe that significant changes to the terms of the contract, including fee amount for a particular operation is accepted with the consent of the client or at least after its notification. In practice it is not. If we turn to the contracts of Bank services of credit institutions, you can select a similar conditions that determine how tariff changes. Banks do must notify the client about change of tariff. But the notification methods may be different — as a rule, it is about placing information on the website.
it Turns out that customers who did not see the message about changing the rates, find out about this after the fact, after the transaction and cancellation fee. Thus, the omission of notice — the problem of the client. Moreover, the change in the tariffs of the Bank account often, and the policy of the leading banks about the same.
for Example, Sberbank in accordance with the contract has the right to inform the client of rate changes via the official website no later than 15 calendar days prior to the entry into force of the changes. The agreement with Alfa-Bank provides for the obligation of the client on a daily basis to contact the Bank (including through the website) for information about the new version, the changes or additions to the contract or rates. VTB also has the right to change the tariffs unilaterally, with prior notice to the client ten business days prior to the date the change becomes effective. Under the notice also refers to the placement of information on the Bank's website.
Quote How to deal with tariff changes
unfortunately, the special "vaccine" against the change of tariffs. First and foremost, you need to carefully read the contracts before signing. It is also worth considering the possibility of adjusting their business performance by 2-3% of the banking Commission and the potential need for an emergency mode to notify the clients about change of account details in case of transfer to another Bank. Do not forget about the "news" section on your Bank's website — better to spend time on the message than substantial funds due to their negligence.
"Everything depends on the conditions of Bank account contract. Generally, such treaties provide for the right of the Bank to unilaterally change the tariffs. Accordingly, there is nothing to challenge. The logic in this case is the same: don't like the terms of service — go to another Bank. Unfortunately, in modern conditions the market players, it occupies a significant position, can afford to dictate terms, often to the detriment of customers," — says the partner of law office "Zamoskvorechye" Dmitry Shevchenko.
If the change rate is in violation of the transfer information to the client of the Bank, the latter shall have the right to challenge the hike in prices in the complaint or court order. It should be borne in mind that the vast majority of banks are approximately the same scheme, placing information about the new tariffs on the official website, said the partner of lawyer Bureau "Business fairway" Alexander Kazus. If such a notice prescribed in the contract, and you did not exercise due diligence and not promonitorit website on the Internet, you will have to blame only on themselves.
Why banks do not like to give money to legal entities
Russian banks in the past two years EN masse to block the accounts of legal entities suspected of money laundering and receiving non-core revenues. A large proportion of negativity accumulated in small businesses, which actively removes money from their Bank accounts. Difficult and unprofitable for banks procedure strongly affects the incomes of the banks themselves.
the last time the Central Bank tightened regulation of banking entrepreneurs, banks were given the right to refuse to conduct transactions and open accounts.
cancel the overdraft
To credit institutions note that at the moment there are similar products in the form credit cards also allow you to use the Bank's funds, but provide a preferential payment of up to 50 days for repayment without interest.
"Many payroll customers have used the Bank overdraft and was unpleasantly surprised when at one point the Bank resets their overdraft, and came wages went to repay debt. Thus, some customers found themselves with no livelihood until the next pay, as he hoped to continue to use overdraft" — said a leading expert on credit cards Banks.ru Ekaterina Martakova.
Natalia STRELTSOVA, Banki.ru Sergey VARLAMOV, the partner of lawyer Bureau "Business fairway", Banki.ru
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