Lock-in the settlement, current or Deposit account as a temporary restriction on carrying out debit transactions, which is imposed by the Bank. The enrollment of funds on account is without any restrictions. Article 858 of the civil code provides 2 reasons for blocking account:
- the seizure of the deposited funds – the Bank blocks a certain amount, but the rest of the money can be used;
- suspension of operations on account – the owner cannot carry out the transfer or withdrawal of funds.
These security measures guarantee the safety of the money intended for the repayment of debt of the account holder before the budget, legal entity or citizen.
The seizure of funds imposed by the judiciary on the basis of a court decision or the decision of the bailiff. Grounds for arrest I believe:
- the decision of the court acting as a civil action in criminal proceedings;
- the court used as a measure of securing a claim in civil proceedings;
- the requirement on the debtor's property foreclosure.
Russian law stipulates several grounds for suspension of expenditure transactions in Bank accounts. In particular, article 76 of the tax code allows you to block the accounts of companies and entrepreneurs in the case of:
- failure to comply with the tax authorities about payment of taxes, fines or penalties;
- failure to submit within the established terms, the tax Declaration;
- adjudication of the results of the tax audit.
The meaning of these locks is to ensure that opportunities to recover from the taxpayer the tax arrears. Account, you can unlock either after the repayment of the full amount of the debt to the budget, or on the basis of the decision of inspection FNS on cancellation of suspension of operations.
One of the most common causes of account blocking is the implementation of the requirements of the law №115-FZ concerning the suspension of operations in case their implementation may be associated with the legalization of criminally acquired assets, or the financing of terrorism. The legislators made up a long list of transactions that are suspicious, so the banks are given the opportunity to self-suspension of expenditure transactions for up to 5 days. During this time, the account holder shall document the "purity" of transactions or clarify the origin of the received funds.
In addition, the Bank may suspend transactions for up to 30 days, having the decree of the Federal financial monitoring service, or completely stop the debit transactions on the account based on the relevant statement of Federal financial monitoring service, until its opinion.
- the seizure of the deposited funds – the Bank blocks a certain amount, but the rest of the money can be used;
- suspension of operations on account – the owner cannot carry out the transfer or withdrawal of funds.
These security measures guarantee the safety of the money intended for the repayment of debt of the account holder before the budget, legal entity or citizen.
The causes of arrest of the account
The seizure of funds imposed by the judiciary on the basis of a court decision or the decision of the bailiff. Grounds for arrest I believe:
- the decision of the court acting as a civil action in criminal proceedings;
- the court used as a measure of securing a claim in civil proceedings;
- the requirement on the debtor's property foreclosure.
The order of suspension of operations
Russian law stipulates several grounds for suspension of expenditure transactions in Bank accounts. In particular, article 76 of the tax code allows you to block the accounts of companies and entrepreneurs in the case of:
- failure to comply with the tax authorities about payment of taxes, fines or penalties;
- failure to submit within the established terms, the tax Declaration;
- adjudication of the results of the tax audit.
The meaning of these locks is to ensure that opportunities to recover from the taxpayer the tax arrears. Account, you can unlock either after the repayment of the full amount of the debt to the budget, or on the basis of the decision of inspection FNS on cancellation of suspension of operations.
One of the most common causes of account blocking is the implementation of the requirements of the law №115-FZ concerning the suspension of operations in case their implementation may be associated with the legalization of criminally acquired assets, or the financing of terrorism. The legislators made up a long list of transactions that are suspicious, so the banks are given the opportunity to self-suspension of expenditure transactions for up to 5 days. During this time, the account holder shall document the "purity" of transactions or clarify the origin of the received funds.
In addition, the Bank may suspend transactions for up to 30 days, having the decree of the Federal financial monitoring service, or completely stop the debit transactions on the account based on the relevant statement of Federal financial monitoring service, until its opinion.
