A statement about the use of an additional system protection mechanism. Sberbank application forms for legal entities Sberbank application for the use of an additional protection mechanism

In order for an authorized individual to have the right to represent the financial interests of the company in PJSC Sberbank, it is necessary to fill out a power of attorney from a legal entity giving the right to manage funds on client accounts, receive information when contacting the bank's territorial divisions, and represent the interests of the company on controversial issues.

More about the form

A completed power of attorney form is a document that, in accordance with the rules of the bank, allows the trustee to be given the following powers on behalf of the organization:

obtaining information on the movement of funds on the client's account (bank statements);

conducting payment transactions: provide payment orders and other instructions for transfers or credits of finances;

cash discipline: hand over cash proceeds in excess of the limit, receive cash, submit documents on cash transactions;

ensuring documentary circulation under a remote banking service agreement: receiving and exchanging electronic signature keys, submitting applications for issuing new keys, etc.;

opening and closing of additional settlement accounts and deposits on behalf of the company;

repayment of existing debt obligations.

Where to download the form

Sample Fill

The form of the power of attorney of Sberbank PJSC for legal entities contains all the items necessary to fill out. Drawing up is carried out according to the recommended form of the bank in writing. Notarization is not required.

What information is provided?

The power of attorney form contains the following basic information:

date of compilation and city;

SMS informing

sending SMS notifications about acceptance, execution or refusal to execute electronic payment documents

Other benefits

Mobility

to work in the system, you can use any computer connected to the Internet that provides a sufficient level of security (at work, at home, on vacation)

using SMS notifications, you can track the progress of documents execution without monitoring the status of documents in the system

the ability to work in the system 24 hours a day, 365 days a year

Security

the system implements a mechanism for user authentication and confirmation of documents with one-time passwords transmitted via SMS, which provides a sufficient level of protection at minimal cost

Flexibility

a separate role is provided for client representatives empowered to prepare documents

you can connect to the system even without opening a current account

the functionality of the system is constantly expanding

Video instruction for working with the system

We invite you to familiarize yourself with the system interface and the basic principles of its operation:

For the correct operation of the Video Instructions, you need to install a flash player (flash-player).

Reminders and instructions

If you have chosen the option of working in the Sberbank Business Online system using an electronic key and the USB Smart Card reader driver has not been installed automatically, then you can download the driver from the official Microsoft website.

For 32-bit OS (Windows 2000, Windows Server 2003, Windows XP) follow the link.

For 64-bit OS (64-bit operating system Windows XP 64-Bit Edition version 2003, Windows Server 2003), follow the link.

For the correct operation of the System, check the settings of your computer:

For the System to work, the IP address must not change during the entire session of information exchange with the Bank.

To work using one-time SMS messages, the HTTPS protocol is used, port 9443, entry point sbi.sberbank.ru (IP 194.54.14.136; 194.186.207.124; 195.8.62.176), bf.sberbank.ru (194.54.14.172)

To work using an electronic key, the TLS protocol is used, port 443, entry point ftls.sberbank.ru (IP 194.54.14.137; 194.186.207.182; 195.8.62.178), HTTPS protocol, port 9443, entry point bf.sberbank.ru (194.54 .14.172)

To view the parameters of Sberbank Business, follow the link, then the section "Reminders and instructions"

The value of the Hash function of the conflict resolution software module
64F6 1A57 7CDF 2B3F 85B6 4898 F24D 475F 075D 8310 F307 C6F3 877E CD2A 3A09 5730

Applications to Sberbank from legal entities

Sberbank is the largest Russian bank. It serves not only individuals, but also legal entities. Interaction between them can take place not only through a bank branch, but also remotely. You can often find questions about how to write applications to Sberbank from legal entities. In order to answer it as accurately as possible, special cases should be considered separately.

Application for replacement of Sberbank Business Online token

Firms and individual entrepreneurs often use the Sberbank Business Online system to work with their accounts and counterparties. After receiving a login and password to enter, the client must select one of the following options for confirming the operations performed:

through codes sent in one-time messages to the phone associated with the account;

using a special token, which is a reliable means of cryptographic protection.

The second option is used by Sberbank clients much more often, as it allows you to protect your own account as much as possible from unauthorized actions of others.

The number of tokens is determined by the number of users. Everyone must have their own. This means that if 4 people work at an enterprise with the Sberbank Business Online system, then they first need to obtain 4 cryptographic keys at a service branch of Sberbank.

The token allows you to sign documents, fully work with your account.

In the presence of a token, the client can become a user of another very convenient system - e-invoicing. It makes it possible to conduct electronic document management in the enterprise. Through this system, you can send reports to the Federal Tax Service and other authorities.

Filling out an application for obtaining or replacing a token

To become the owner of a digital certificate in USB format, you must send a corresponding application to the Sberbank branch, drawn up on a standard form, which can be found in the annexes to the contract for connecting to the Sberbank Business Online system. The document is small, it contains the following data:

Name of the organization;

Full name and passport details of the person to whom the certificate is issued due to the fact that he has the appropriate authority;

the number of issued keys (written in words, not numbers);

the date of payment for the received tokens (they are paid through the cash desk of Sberbank) or the number of the current account from which money must be debited.

At the end, signatures and transcripts of the head and chief accountant, as well as a seal, are mandatory.

On the second part of the document, an act of acceptance and transfer is drawn up, which indicates the serial numbers and the cost of the tokens.

In case of loss or damage to the keys, authorized persons also need to contact the servicing branch of Sberbank.

Application for password change in Sberbank Business Online

To work with the Sberbank Business Online platform, the client uses a personal account, which requires a login (identifier) ​​and password to enter. Working with this site provides for the possibility of changing the password if necessary. This may be required in some of the following cases:

the password became known to third parties;

the client cannot remember the password;

the client decided to change the password at will.

Available ways to change the password in the system

There are several ways in which you can change your password. You can do this in the following order:

1. Complete the authorization procedure in the Sberbank Business Online system. Go to the personal menu in the settings section. There you need to click on the access and security point. Here the system prompts the client to change the existing privacy settings, change their ID or password. In this case, you must choose to change the password, enter the old password and come up with a new one by entering it in the appropriate field.
2. Contacting the service branch of Sberbank. This method is usually used in extreme cases or when it is impossible to remember the current password for your account. In this case, there is no need to panic. Bank specialists will quickly restore access to the account. To do this, you need to fill out the appropriate application to change the password of a specific account, take your passport with you and go to the bank branch. You can contact any of the bank branches serving legal entities and entrepreneurs as well.

The application form is not large, it contains the following data:

• name and legal address of the organization;
• TIN, OGRN and company account number;
• information about the authorized representative receiving new passwords (full name and document that is the basis for issuing data to this particular person);
• information about the account for which you need to change the password (login, attached phone number, full name).

At the end, the signature, seal and date of preparation of the document are affixed. Further, the marks on the acceptance of the application are already made by a bank specialist.

Some Sberbank customers express their bewilderment about the need to contact a bank branch in such cases. It is impossible to restore access via a phone call because the service organization takes care of the safety of information and funds on the client's accounts.

Application for closing a current account of Sberbank

Sometimes, due to various reasons, legal entities and individual entrepreneurs have the need to close their current account with Sberbank. Some of them do not know in what sequence to act.

The procedure for closing a current account by legal entities

For them, this procedure is more laborious than for private entrepreneurs. When closing your own account, you need to act in the following sequence:

• Get rid of account balances. Available funds can be transferred to another current account or cashed out, although in this case, you will need a good reason for this.
• It is necessary to leave a small amount of funds on the account, which will allow you to pay a commission to Sberbank for servicing.
• Next, you should receive an extract from the bank branch on the movement of money in the account and information on the available balances.
• Fill out an application for closing a current account, having previously issued an appropriate order or minutes of the meeting within the enterprise. The document requesting the closure of the account must indicate the reason for such a decision.
• You need to contact the branch of Sberbank that serviced the organization's account.
• All debts to Sberbank are closed, including all kinds of commissions, subscription fees. A separate article is the fee for direct account closure.
• Only after that the bank will accept an application from an authorized person of the organization. It must be filled out on the letterhead of Sberbank.
• The bank must receive a notice of account closure, which is subsequently provided to the local tax service by the organization itself.

The procedure for closing an account by private entrepreneurs

For individual entrepreneurs, closing a current account is much easier and faster than for legal entities. It is enough for the client to find out information about the funds remaining on the account, fill out the appropriate application indicating the relevant details to which the surplus will be transferred (the difference between the balances and the commission).

Closing a current account is possible only if the individual entrepreneur has no debt to Sberbank. If everything is in order, then the bank specialist issues an appropriate notification, which must be taken to the tax service.

An application for closing an account can only be filled out by the entrepreneur himself or his authorized representative. Moreover, in the second case, this should be spelled out in the contract between the client and Sberbank.

Application for issuing a checkbook in Sberbank

A checkbook is a working tool for many entrepreneurs and legal entities. It allows you to make deals in real time. Many people turn to Sberbank to issue a checkbook because of the convenience and ease of use.

There is a unified form of form No. 896. It is used, including by Sberbank. The Bank reserves the right to make any adjustments to this form that do not contradict existing standards.

What must be included in an application for a checkbook?

There are in the application of any bank for the issuance of a checkbook the following mandatory details:

• the number of the settlement account from which funds will be debited for check obligations;
• the number of sheets in the book;
• the name of the organization to which the funds will be debited.

Be sure to make a note in the application addressed to the bank about who will be responsible for keeping the checkbook. The data of the responsible person may also be indicated there.

Procedure for obtaining a checkbook

Getting a checkbook at Sberbank is quite simple, for this you need to proceed as follows:

• Contact the bank branch with a written application. If necessary, employees of the organization will issue to the client an application form for receiving a checkbook of the established form.
• When filling out the application, you must specify the details of the organization, affix a certain seal and signatures of certain persons.
• Next, you need to pay the required amount for using this service at the cash desk of the bank branch. It is better to check the price of a checkbook in advance with the teller or call the branch of Sberbank. Payment is made one-time, regardless of how long the checkbook will be used. Money can be provided in cash or debited from the bank account of the organization.
• After that, the checkbook will be opened.

Before using this service, it is necessary to clarify the amount of the limit for withdrawing money from the current account by checks without prior notice to the bank.

We must not forget that a checkbook is a full-fledged payment document, transactions on which are directly related to the company's current account. Responsible persons must follow the rules for keeping records.

Pay attention to even the smallest things. If the check is filled out incorrectly, you will have to draw up a new form of strict accountability, while the old one will be invalid. You cannot make any corrections to the check. Such paper automatically becomes unsuitable for acceptance at a branch of Sberbank.

The very same procedure for issuing a checkbook is quite simple and understandable. If you have any difficulties filling out the application, you can always ask for a sample and make entries in accordance with the example.

Sberbank: power of attorney form for legal entities, sample filling in 2018

A power of attorney is a legal document that entitles an authorized person to represent the interests of an individual or an organization. In many transactions where the principal is unable to participate, the guarantor has the right to perform actions on his behalf, including participating in banking operations. A sample power of attorney to Sberbank from a legal entity can be downloaded below in the appropriate paragraph and filled out on your own or at the bank's service office with the help of a manager. The rules for filling will be discussed in the article.

For what purposes is it used

The power of attorney gives the representative of the legal entity or individual entrepreneur the following powers:

• Obtaining statements, references on the current account.
• Withdrawal and deposit of cash.
• Repayment of loans.
• Opening deposits.
• Making loans.
• Drawing up applications for work within the framework of remote banking services, signing the relevant acts.
• Receipt, exchange of electronic keys.
• Presentation of applications for certification of identifiers of electronic digital signature and encryption.

The sample power of attorney approved by Sberbank is not mandatory; it can be drawn up in free form indicating the details of both parties: the principal and the attorney. After that, it is submitted to the financial institution for approval and signing.

The procedure for issuing a written authorization

For a document to be valid, the following conditions must be met:

• type of presentation - paper;
• the presence of the date of signing and the validity period (if the document is not notarized, the period cannot exceed three years, in the absence of a specific date it is equal to one calendar year), otherwise the power of attorney is invalidated;
• a list of operations acceptable for the attorney to perform, set out in a simple, understandable form;
• details of both parties (region of compilation, passport data, full name, checkpoint, TIN, legal address of the institution, place of permanent residence / registration of the authorized person).

The completed form is signed by the head or the person acting.

In 2018, according to the updated requirements for issuing a power of attorney, affixing a seal by the organization and the chief accountant is not required. There is also no need to notarize the document. But there are times when notarization and the presence of seals are required. It is better to clarify the information in a banking institution.

A written authorization can be issued for several employees or separately for each. The document may specify the rights and competences of each representative, depending on the instructions of the account holder.

Sample filling for legal entities

In order to simplify the procedure for issuing a document, Sberbank PJSC created a power of attorney form No. 332 for legal entities. A typical document contains the details of both parties, a list of powers, the type of financial transactions that a representative can perform on behalf of the principal.

It is permissible to indicate a specific bank branch where an authorized person is vested with the right to perform certain actions.



The power of attorney must contain the date of compilation, the validity period and the signatures of the principal and the attorney. When filling out and signing the document, the personal presence of both parties is required.

If a written authorization is drawn up in any form, it is first checked for compliance with the established standards of Sberbank and Russian legislation, for the presence of the necessary details, dates, signatures. The procedure lasts no more than a day, for non-residents of the Russian Federation, the duration can be increased up to 72 hours.

The following requirements are imposed on an authorized person entered into a legal document:

• Age from 18 years old.
• Citizenship of the Russian Federation.

No other restrictions are provided by law.

Power of attorney to Sberbank from a legal entity, sample 2018 (download)

You can fill out this template yourself or seek advice from a bank employee at the service office, but already on a paid basis. If in doubt, check the relevance of the template with a copy posted on the official website.

Additional types of powers of attorney for legal entities

In addition to written authorization to manage a current account on behalf of a legal entity, the manager can draw up a document that gives the attorney the right to open additional accounts, receive plastic payment instruments as a legal representative of the company.

There are two options for presenting a power of attorney:

• A document is drawn up in any form, signed by both parties, and submitted to the bank.
• The template is issued directly at the Sberbank service office.

In a separate line, you can indicate the impossibility of transferring the powers of an attorney to another person. This increases information security for legal entities. In this case, the responsibility for the actions performed will be assigned to one person.

Conclusion

A power of attorney for legal entities to represent their interests in Sberbank can be drawn up in any form by downloading a ready-made template on our website or the official resource of the bank. Fill it out yourself or contact a service office specialist for advice.

Whatever format is chosen, it is necessary to correctly fill in the details of the parties, indicate the date of compilation, the validity period and describe the rights of the authorized person as clearly as possible. Signatures of the principal and representative are required.

Separately, it is possible to prescribe the impossibility of transferring powers to another person. This measure helps to reduce the risk of fraud on the part of the attorney, he bears the entire burden of responsibility for the actions taken.

Sberbank power of attorney form for legal entities

In order to be able to represent the financial interests of the client, it is necessary to fill out a Sberbank power of attorney for legal entities, you can download a sample of 2018 on the organization’s website in the business section. Without this document, a representative of a business serviced by a financial company will not be able to access the necessary assets and complete a transaction by contacting a bank branch.

A sample of filling out a power of attorney to Sberbank for legal entities

Sberbank-power of attorney form for legal entities contains all the necessary items that need to be filled out. There is no need to certify a power of attorney with a notary, however, when filling out the document itself, certain rules should be followed.

• Filling out the document based on the downloaded sample must be done in writing.
• Mandatory is information about the period of validity of the document and the date from which it comes into force. If there is no effective date, the document will be declared invalid, but if the validity period is not specified, then by default it is set for a period of 1 year.
• In order for the power of attorney to have full legal force and allow the authorized person to fully use the available actions, it is necessary that the document contains the signature of the head of the enterprise or other employee who has the right to sign.
• Information about the authorized person and the principal must be written in the body of the power of attorney, and also contain a list of account operations available to the principal. The document can give a trusted person different types of powers, up to the possibility of full account management.

Since there is no single form for a power of attorney, when drawing up a document with Sberbank, a sample current for 2018 should be downloaded on the website of a financial institution or asked for at the nearest branch. If there is a need to use a form of your own sample, then it must first be submitted to the bank for approval.

Powers and list of authorized persons

Filling out a power of attorney is a serious process, as any violation of the rules will lead to the fact that the document will be invalidated.

It is worth noting that sometimes the company provides for the possibility of solving financial issues by several trusted employees. Since the document does not imply delegation of authority to third parties, all involved representatives must be specified in the document, as well as the range of capabilities of each authorized person.

Financial actions available to an employee by proxy, in accordance with the rules of Sberbank.

• Obtaining a report on the movement of funds on the account of the organization.
• Carrying out payment transactions based on generated orders and invoices.
• Repayment of debt obligations. Issued in Sberbank.
• Direct registration of debt obligations (requires additional documents, including the decision of the council meeting and the resolution on the adoption of such a decision).
• Obtaining various kinds of certificates related to the process of servicing corporate accounts.
• Closing and opening additional accounts or deposits.

A trustee may be able to perform both 1-2 of the above actions, and have a full list of opportunities.

Sample power of attorney to receive a Sberbank bank card

A client who is not able to personally visit a bank branch to receive a bank card can delegate this need to an authorized person. However, in order for a financial institution to provide such an opportunity, it is necessary to provide a power of attorney.

A trust agreement drawn up between two individuals must be notarized without fail, otherwise the bank will refuse to issue a card.

The body of the document must contain the data of the principal and authorized person, as well as the powers vested in the latter. As a matter of fact, the structure of the document itself corresponds to the above-described form for legal entities, with one exception, it requires notarization.

If there is no opportunity to contact a notary, then you can come to a bank branch and fill out a form. It is worth noting that in this case, both parties to the transaction must come to the bank, having an identity document with them. If this is not possible, then contacting a notary is inevitable.

Sberbank is the largest bank in Russia. The number of individuals applying to it is growing every year. The need to consider applications to Sberbank for individuals is due to the fact that this financial institution has its own standard forms for most documents.

This practice allows avoiding differences in filling out forms, applications, questionnaires between different branches and branches of the bank. Document unification helps the institution achieve unity in document management and related client bases.

Of course, any form or document in Sberbank complies with state norms and standards, sometimes it may not differ at all from a standard document. As a rule, applications and questionnaires are supplied with the Sberbank logo. Additional details of the branch may be indicated in the application. Consider the forms, samples and forms that individuals are most often interested in today.

Sample application for restructuring a loan at Sberbank

Many clients today apply for a loan to Sberbank. Often there is a need to obtain another service - the restructuring of existing debt. It is especially relevant today due to the unstable economic situation in the country.

Almost any loan can be subject to restructuring, including mortgages and consumer loans for various purposes. The possibility of restructuring does not depend on the amount of the loan, it can be a small amount of several thousand or a large debt of several million rubles.

Free legal advice:

Applying to the bank for loan restructuring is not considered negatively by the credit institution, on the contrary, they note:

• the presence of force majeure circumstances that forced you to seek help;
• the borrower has an increased sense of responsibility, which indicates the further payment of the debt.

Contacting Sberbank, drawing up an application for restructuring

To get approval, it is very important for the client to correctly fill out an application for restructuring a loan at Sberbank. In the text of the document, you must justify your appeal for help to a financial institution. It would be ideal to indicate the various laws that give the client the right to provide such a service.

There is no unified application form for all banks, it can be filled out in free form, however, Sberbank has its own form for this document.

At the very beginning of the application (in the header), the name of the branch in which the client wants to formalize the restructuring is indicated. Directly in the document itself, the applicant asks the creditor to restructure the debt under a specific agreement (its number and date of conclusion are indicated).

In the body of the application, the client asks for restructuring under certain conditions. Sberbank provides the following options for solving the problem:

• reducing the monthly loan payment by a certain amount;
• change in payment terms (for example, switch from annual payments to monthly payments, but smaller ones);
• change or provision of collateral (specific data on guarantors or collateral are indicated).

The applicant must also indicate the reasons that prompted him to apply to the bank for restructuring. This may be due to one of the following factors:

Free legal advice:

• loss of a source of income (dismissal, reduction, etc.);
• decrease in income with a specific reason;
• other reasons (to be entered by the borrower independently).

It is important to indicate in the document when the need arose for debt restructuring and what are the possible sources for debt repayment.

If the borrower has guarantors, then he makes a note that they are warned about a possible loan restructuring.

At the end, the signatures of the borrower and his co-borrowers (if any) are affixed, the full names are deciphered and the date of the document is indicated.

It is worth taking care of providing documents evidencing changes in the financial condition of the applicant. This will increase the chances of obtaining a debt restructuring.

Sample application for early repayment of a loan at Sberbank

When deciding on the early repayment of a loan, the client must take the preparation of the necessary documentation very seriously. There is a specific procedure for submitting such an application.

Free legal advice:

It is very important to understand that the document should not contain errors. When filling out, it is better to have on hand a sample application for early repayment of a loan at Sberbank.

An application for early repayment of a loan is an important notification document, which, as a rule, is drawn up in an arbitrary form, but must necessarily comply with the requirements of the law.

It is filled in by the borrower. The recipient is the branch of Sberbank in which the loan was issued. The right to early repayment is given to any borrower in accordance with Russian law. No treaty may violate or restrict this right.

The borrower also has certain obligations. He must submit an application to the bank 30 days before the date of repayment of the debt. But much depends on the policy of the financial institution. Sberbank sometimes considers an application faster than this period.

Requirements for the content of the application for early repayment of the loan

Neither the law nor Sberbank imposes any special requirements for this application. There are a number of standards that a client must follow when drafting a document. They are necessary to clearly indicate the reasons and unify statements within the bank. The document contains the following information:

Free legal advice:

• in whose name the application is being made (here it is written to which branch of Sberbank the document was sent, in whose name the director or head of the unit is, sometimes the address of the location of the branch is also indicated);
• Name of the client who applied;
• the name of the document to be filled in is entered;
• the main part indicates the data of the loan agreement (number and date);
• the desire to repay the debt with the money in a certain account (its number is indicated) is prescribed in a certain amount;
• specifies when exactly the debt should be repaid;
• references are necessarily made to certain legislative acts that give the client the right to early repayment of the loan;
• at the end, the date, full name and signature with a transcript are affixed.

At the end of the document there is a place for notes of the bank specialist accepting the application. This document is filled out in two copies (the second client keeps it for himself, having received records of the acceptance of the application by an employee of Sberbank, his signature and seal of the institution). It is better not to prescribe the dates in advance, but to clarify the information so that the application does not contradict the requirement of filing 30 days before the payment of the remaining amount of the debt.

Application for a Sberbank card

Many customers turn to Sberbank to receive various types of cards. Someone wants to issue a debit card, someone a credit card. A huge number of banking products causes an increased interest in these services.

The procedure for obtaining various cards is generally the same. The client must act in the following sequence:

Persons can become the owner of a Sberbank card:

• having Russian citizenship;
• over 18 years of age (if an additional card is issued, the threshold is reduced to 7 years if the consent of the legal representative is obtained).

As a rule, the bank needs no more than 2 days to receive a decision. Some applications are considered immediately. For example, according to Momentum cards.

Free legal advice:

A non-resident of the Russian Federation can also become the owner of a Sberbank bank card, but in this case the decision is made by bank employees on an individual basis.

Features of a credit card

For credit cards, you must fill out the appropriate form. In fact, a credit card is a type of loan. You need to get it in almost the same way as other types of loans. The difference lies in the absence of the need to provide collateral, more loyal requirements for the borrower and high interest rates.

You can also fill out an application for a credit card online. To do this, it is enough to have your own account in the Sberbank Online system. After sending the necessary data, the client will only have to come to the bank branch to sign the contract and receive a credit card.

Applications for debit cards

Today, you can get a debit card at Sberbank by filling out an appropriate application at the nearest branch. The client must indicate which banking product he wants to receive. In Sberbank, you can issue cards of different statuses, including Gold, Platinum. For these categories, there are certain requirements for the clients themselves.

In addition, Sberbank can issue salary and social cards. The latter variety is intended for the transfer of pensions, various benefits, material assistance to it. In these cases, the client should not contact the bank branch, but the organization where he works or receives benefits, with a corresponding application. Authorized persons will independently issue a card for the recipient, who will only have to pick it up.

Free legal advice:

The procedure for filling out a form for a loan at Sberbank

Sberbank has a number of loan programs. Before applying, you should choose your loan option. But regardless of the choice (consumer loan, mortgage, car loan), the form that is issued at the branch or downloaded to the computer from the official website is the same. On five pages of the questionnaire, you should give comprehensive information about yourself, and only on the last page choose a loan program, indicate the amount of the loan. The sixth page includes the following columns:

Sberbank questionnaire for obtaining a loan: sample applications and forms

• after filling out the pages with personal information;

What documents are needed to apply for a loan?

• identity document;

The procedure for filling out the questionnaire

• on whose behalf the application comes: from the borrower, trustee, guarantor.

How to return insurance on a Sberbank loan: a sample application

Obtaining a bank loan is often accompanied by insurance for the borrower. The service allows you to guarantee timely payments if the client falls ill, is injured, loses his job or even dies. But not everyone knows that the issued insurance policy can be canceled and the money returned. And it's not at all difficult to do so. Next, we propose to analyze this procedure in detail, and also provide a sample application for the return of insurance on a loan at Sberbank.

Credit insurance - basic provisions

Credit loan insurance is a service aimed at minimizing the risks that may arise in the process of repaying funds. You need to understand that the bank itself is not engaged in this type of activity. He only acts as an intermediary in the execution of the contract between the client and the insurance company. The duration of the policy is equal to the maturity of the debt. Monthly loan installments include the cost of insurance. The price of an insurance policy is higher, the larger the loan amount. Sometimes it reaches up to 15% of the loan amount.

Free legal advice:

Banks go to the trick, adding to the amount of the commission that they charge in their favor. Simply put, the borrower pays for insurance in the same way as a regular loan. And it often happens that the interest charged turns out to be more than the insurance premium itself.

It should be noted that you will not be able to get back the bank's commissions. Only the insurance part is payable. Therefore, you need to study the agreement in detail before signing it. This will help you avoid unnecessary overpayments. In addition, a credit institution does not have the right to impose insurance if it is not a subject of bank collateral. Loan insurance covers the following cases:

• disability;
• serious disease;
• getting injured;
• job loss;
• theft, damage to property;
• death.

When receiving a loan for the purchase of a car, the bank has the right to require only the execution of a citizen's liability agreement, the so-called CASCO and life insurance. A mortgage loan is accompanied by the conclusion of a deal to protect against damage to collateral. Other types of voluntary insurance are not provided here and bank employees are not entitled to impose them.

Return conditions during the cooling period

Banking organizations persistently offer their customers to pay for insurance when receiving a loan. Situations when the refusal of a "profitable" offer entails the inability to obtain a loan are not at all uncommon. Most citizens are unaware that insurance is a common service that can be refused. In the language of lawyers, this is called a "cooling off period".

The law in force since 2016 establishes the period in which the client has the right to declare the desire to terminate the contract, it is 5 days. At Sberbank, the cooling period is extended to two weeks (only work days need to be counted, “red” calendar dates are not taken into account). During this time, you need to have time to submit documents to the company's insurer or bank.

Free legal advice:

If the client has repaid the loan within the terms established by the loan agreement, his relationship with the insurance company ends. So you won't be able to get compensation. But in case of early repayment, there is a possibility that the funds paid will be returned. However, even here there are some nuances. Sometimes insurers indicate in the contract that the refund amount should not be less than half the cost of the service. Since the insurance is accrued in proportion to the loan term, it will be possible to receive 50% compensation by paying off the debt before half of the term expires.

It is perfectly legal to withdraw credit insurance. If the client submits an application within the established five-day or 2-week period, the service must be canceled and the money returned. However, the possibility of obtaining funds is not always available. Some insurance products do not have a cooling period. This applies to medical insurance of persons who are not residents of the Russian Federation or traveling outside the country, as well as CASCO. It is impossible to refuse real estate insurance if the bank loan is intended for its purchase. This is one of the conditions for obtaining a mortgage loan.

The law on the cooling period provides for the impossibility of terminating collective insurance contracts. What does this term really mean? In fact, a credit institution purchases an insurance service for itself, the borrower simply joins it. Simply put, the client himself may not notice that he has become the owner of "non-refundable" insurance. However, here Sberbank is a pleasant exception. The collective agreement in this organization is not the basis for rejecting the return application.

Instructions on how to return insurance on a Sberbank loan. Sample Application

Since insurance is a voluntary act, it is possible to reject the offer, in most cases, immediately. But what if the terms of credit in the presence of the policy are more favorable? You can resort to tricks and notify of the desire to refuse insurance after the agreement with the insurance company has been concluded. For this purpose, it is necessary to collect documents such as:

In case of early repayment, they are accompanied by a bank certificate of payment of the loan, receipts and checks. An application for the return of insurance, drawn up according to the sample below, is attached to the package of documents.

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A sample application for the return of insurance in case of early repayment of a loan is as follows:

1. In the upper right corner, the details of the insurer company, its name and location are indicated.
2. Below you must specify the details of the insured person in full.
3. The title of the document is indicated in the header: "Application for the return of the insurance part of the loan."
4. The text of the application must contain information about the loan agreement (number, established period of validity).
5. The following is the cost and amount of insurance.
6. It is also necessary to formulate the reasons for the return and indicate the relevant grounds (articles of the law).
7. In the application, you should leave the details of the account to which the money will be transferred.
8. At the bottom indicate the date, contacts for communication, put a signature with a transcript.

The application and documents are transferred to the loan officer of Sberbank, who is obliged to accept them and endorse them. Papers can be sent by registered mail through the mail, making an inventory of the attachment. The application must be duplicated, leaving a second copy for yourself. The unused part of the amount must be transferred to the specified account after the expiration of the monthly period. Employees of an insurance company or a bank are required to tell the client how to write an application for the return of insurance on a loan. A sample of the required document can also be found on the Sberbank website.

It is permissible to declare a desire to return the insurance part of the loan at any time while the loan agreement with the bank is in effect. Therefore, do not rush to terminate it after early payment. However, even if the contract has already been closed, it is possible to receive part of the insurance premium through the court. The statute of limitations for such cases is 3 years.

How to act in case of refusal

Unfortunately, neither banks nor insurance companies are interested in losing part of their profits. Therefore, they are extremely reluctant to return funds. Citizens face bureaucratic delays already when applying. If the manager refuses to accept the papers, you should contact his higher authorities. If justice is not achieved in this way, a complaint can be sent to the Central Bank of the Russian Federation or the prosecutor's office.

The imposition of services by law is not welcome, and insurance in exchange for a favorable interest on a loan can be regarded in this way. Complain about such injustice should be in Rospotrebnadzor. This organization will not help return the money, but the recorded fact of the appeal will become an argument for the court. In addition, if there are weighty arguments, the bank will be charged with an administrative penalty.

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In the event of an unreasonable refusal from the insurance company, the client has the right to apply to arbitration with a corresponding claim. Of course, such a step makes sense if the amount due is large enough to cover the costs. Starting a lawsuit over a couple of thousand does not make sense. If the case takes a judicial perspective, it is better to enlist the help of an intelligent lawyer.

Conclusion

In conclusion, I would like to mention a few more nuances that borrowers should be aware of. You can only receive compensation under existing contracts. After early repayment, part of the insurance premium is paid only to bona fide customers of the bank. If there has been a violation of financial discipline, that is, payments were made late, insurers have the right to refuse such a client. Even if the necessary fines were paid to the bank, such situations are considered an insured event. You also need to know that the returned funds are equated to income, so tax will be withheld from them when accrued.

The standard application form for the return of insurance on a loan at Sberbank can also be used for other credit organizations. But the application process is somewhat different. Sberbank has a subsidiary insurance company, the services of which are used by most of the clients of this financial institution. Therefore, the application can be submitted through the credit manager. In other cases, it is better to address this issue directly to the insurance company.

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Sample application for the return of insurance on a loan at Sberbank

Now many people use loans and very often the bank offers customers insurance on loans. But far from all citizens understand why it is needed and whether it is needed at all. And also not everyone knows that insurance can be returned after the loan is repaid. This is what we will consider in this article.

Why do you need loan insurance?

Today, a huge number of loans is growing, and, accordingly, the number of insurances. But first, let's understand what insurance is.

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Insurance is an additional service that makes the borrower's risks to the bank minimal. The main thing here is to take into account one nuance - this is that an insurance contract is concluded by an insurance company, not a bank. As a rule, insurance covers property, transport, as well as the life of the borrower.

Typically, an insurance contract is concluded for the period of the loan. But sometimes banks also include in the loan the amount of the insurance premium and the bank's commission, and often the commission exceeds the insurance. But few people know that insurance can be returned. Therefore, you need to read the contract before signing it.

After all, bank managers do not talk about it, but if the loan was taken along with insurance, you need to know your rights and obligations in order to be armed in the event of a dispute.

But still, many people have a question, do you need insurance at all and why? As it turned out, insurance is issued by an insurance company, which, in the event of an event that fits under the insurance, helps to pay the borrower a loan. Of course, there are different situations that apply to insurance.

Namely: health problems in a person who took a loan, job loss, natural disasters. But that's still not all. It is not so easy, because a bank indicates a number of cases in its contract, so it must be read very carefully. For a bank, loan insurance is a certain guarantor.

Because if the borrower does not repay the loan, then the insurance company will be forced to repay it on its own. Based on this, there are two loan insurances - this is liability insurance for non-repayment and non-repayment of the loan itself. In the first type, the contract is concluded by the borrower and the insurance company, but in the second case, the insured and the bank.

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Of course, you can insure life, but it is far from cheap and sometimes the interest reaches 30% of the loan amount. Therefore, in principle, insurance can be waived and forcibly no one can force you to do the opposite. But if the property is pledged, then you still have to pay.

Some banks even refuse loans to those who do not take out insurance. Some banks raise the lending rate or even increase the commission for granting a loan, thus they can compensate for losses due to this. Who does not agree with the rate increase cannot be forced to take out a loan.

How can a bank quietly impose insurance?

When applying to a bank for a loan, managers can impose insurance, explaining that it is mandatory for obtaining a loan. But let's consider whether they have the right to do so. There are some situations when insurance is simply necessary and is an integral part of lending.

• A mortgage loan, and here there is a danger of losing an apartment in case of non-payment, because of this, it is better for the borrower to take insurance.
• Buying a car on credit. The car is pledged to the bank and in order not to lose it, you need to insure it.

These are all cases in which compulsory insurance is required, in other cases it is voluntary. But, despite this, the bank can impose it in another case. Very often you can fall for such a trick: if you take out insurance, the interest rate will be 25%, and if you do not have insurance, then 30%.

And here the main thing is not to make rash decisions, because taking a loan with a higher interest rate will be more profitable. Therefore, it will not be superfluous to carefully read the loan agreement in a calm atmosphere and subtract all the conditions, and you can also consult with a lawyer.

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Can I opt out of insurance?

As it has already become clear, insurance is a very expensive service for the borrower, but in some cases it is useful. Of course, the amount of insurance depends on the loan and the prices of the insurance company that works with the bank. But if the borrower cannot pay the loan on time, then his debt is extinguished by insurance.

Insured events include:

• Job loss. Only confirmation by documents is required, and that the person is dismissed.
• Prolonged illness or death of the borrower. Documents from the medical institution are also provided.
• Accidents must also be documented.
• Natural disasters.

Insurance is a voluntary service, of course, except when its registration is necessary. The client has the right to refuse it and no one should impose it. Otherwise, the borrower may apply to the relevant authorities for proceedings.

Return of insurance at Sberbank: step by step instructions

Let's look at the cases in which a refund is possible.

The borrower can withdraw the insurance premium if:

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• We signed a loan agreement and an insurance contract. But they realized that it was not necessary. To do this, you need to find a clause in the contract that says about the termination of the insurance contract without penalty. As a rule, this period is 30 days. But in Sberbank 14 days. And then the whole amount will be returned.
• Another return case is the early repayment of the loan in full. The term of insurance will also be reduced. But often in the contract there is a clause where it is described that less than 50% is not returned.

But there are cases when a return is not possible:

• If the loan was repaid on time, then the insurance contract expired on the day of the last repayment. That is, the entire period of insurance has been used. Then the insurance will not be returned.
• The insurance contract contains a clause stating that early termination is unacceptable. This happens, but it means that the insurance company deceived, and the borrower did not read the contract carefully. And then the insurance also cannot be returned.

To return, you must do the following:

• Contact the bank where the loan was issued with an agreement and a passport.
• Write a return statement in two copies.
• Register an application with the bank, but it must have the date of acceptance and the signature of the employee who accepted it.
• The second copy must be left on hand.
• If the loan was repaid ahead of schedule, then it is necessary to provide a certificate stating that the amount has been fully paid.
• The final stage is already waiting for the recalculation and crediting of the balance of funds to the account, which must be indicated in the application.

To return the insurance, you must repay the loan ahead of schedule and, of course, carefully read the contract and understand each item.

Sample Application

An application for a refund must be submitted to the company with which the contract was concluded. There is a specific application template that must be completed. The application, like any other document, has a “header”, which indicates the name of the bank, the address of the branch, the data of the citizen from which this application is made. Then the actual text of the statement.

And the text indicates when the contract was concluded, about which loan, as well as the amount of the loan and the amount of insurance. Next, you need to indicate how much money was issued. If the loan was repaid early, then the repayment period is indicated. And of course, there is a desire to return the balance of funds for insurance.

Free legal advice:

1. The insurance will be returned if it is written in the contract, so careful reading will not hurt.
2. It occurs when bank employees independently begin to delay the deadlines for accepting an application. Usually the pretext is the employment of the employee who does this. Therefore, in this case, you need to immediately demand a waiver. And with a high probability there will be a responsible employee and accept the application.
3. You do not need to immediately terminate the insurance contract after repaying the loan. Since they can return it only according to the contract.
4. You can choose your own insurance company. It will take a little time, but you can already find out the positive and negative sides of different companies and choose the one that suits you best.
5. It is very important to cooperate with banks whose services have already been used repeatedly. So very often there are different discounts and bonuses as a regular customer.
6. You can also participate in various promotional programs, because there is competition between insurance companies, and many begin to offer favorable conditions and offers.

To protect your loan, you need to choose a good insurance company. It should provide a large selection of offers and allow you to choose the right ones. The insurance company should not impose, it can only clarify questions that are incomprehensible to the client. Of course, credit insurance is good and even necessary in some situations.

After all, anything can happen and no one wants to get on their nerves. And the insurance company will help you pay off the loan without unnecessary stress and worries.

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(St. Petersburg)

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How to file a complaint with Sberbank - sample

Any client can have claims to the bank. At the same time, he must know where to complain about Sberbank and how to write a complaint to Sberbank correctly.

Where to complain about Sberbank of Russia? To all available authorities, including Sberbank itself and the courts. You can file a complaint against the service or personally against an employee of Sberbank. An important point will be a properly executed application, taking into account all the requirements and wishes of the client.

Complaint Form

Every citizen should know how to write a complaint against Sberbank, as various situations may arise in which it is indispensable. It will help to complain about the work of the employee, who caused the resentment.

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When contacting Sberbank, the complaint must be correctly drawn up and contain the following information:

1. Full name of the client, as well as contact details (address and telephone number).
2. Detailed description of the nature of the complaint. This paragraph should contain dry information based on facts. At the same time, it is important to mention all the details, since they will play a decisive role in considering the complaint itself.
3. The address of the office where the incident happened. It will also be important to indicate the time and name of the employee who was the reason for writing the complaint. The more information you provide, the faster a decision will be made.
4. Requirements. This can be as simple as an apology, or a refund of money that was spent due to false information given by an employee. If the complaint does not specify the requirements, then its consideration may be delayed.
5. At the end of the complaint must contain a signature, its transcript and date.

After drafting the complaint, it is necessary to read it carefully and, if necessary, enter additional information. A detailed sample can be found on the official website of the Central Bank of the Russian Federation.

Where to file a complaint

There are many ways to file a complaint with the Central Bank. Written complaints in Sberbank are considered by a separate commission, which helps to deal with the situation that has arisen and eliminates all shortcomings, after which it sends a notification to the sender's address.

A complaint against the Savings Bank of Russia can be filed:

• Hotline number. It is worth noting that this is not the most effective method, since fixing complaints by phone is quite rare. With the help of a hotline, you can take out all your anger on the organization, but do not achieve justice.

Important! The Sberbank hotline phone number is -50, or you can dial 900 from your mobile.

• Complaint against Sberbank via the Internet. It can be left on the official website of Sberbank online. To do this, you need to go to the feedback tab and state your claims against a particular employee or department there. After sending the appeal, an individual number is assigned, by which you can track the stage at which the claim is being considered. The review period is 7 days, but most often the answer comes within 3 days. It should be borne in mind that the created decision cannot always be made in favor of the applicant.
• Via internet banking. When writing a complaint in this way, you can also use the Sberbank Online service. To do this, go to the "Letter to the Bank" tab, which is located at the bottom right of the page. This method is the most efficient.

Important! Correspondence with bank employees can drag on for a long time, but you can use it at any time.

• Written request to the bank. The application form can be obtained from the bank itself. The best way out is to write an application in the presence of the head of the department, since in this case there is a high probability of solving the problem on the spot.
• Through other Internet resources. It is best to leave a claim on resources that are dedicated to banks. There, if not employees of Sberbank, then other banks will definitely get acquainted with this complaint. It will also help to improve the level of service in the bank, since such resources are often viewed by higher authorities and the management itself.

Greater efficiency will be achieved if you write several complaints at once and send them in various ways. This will increase the likelihood of a quick review and decision.

What to do if a regular complaint doesn't work

You also need to know where to write and how to complain if the bank had claims related not to service, but to violation of rights. In this case, you need to contact the higher authorities.

Important! If the rights of a citizen were violated, then the complaint is considered within 30 days, but if the law was violated, then the period is significantly increased.

Usually complain to the following authorities:

1. Rospotrebnadzor. The hotline number is 04. You can also leave a request on the official website. The appeal itself should not exceed the volume of characters. If necessary, photographs and other documents can be attached to it that will help prove the correctness of the citizen. It is also recommended to provide contact information. The term for consideration of the application is from 10 to 30 days. It varies depending on the complexity of the request. If it is not possible to apply through the Internet resource, then you can visit the regional branch of Rospotrebnadzor.
2. to the Central Bank of the Russian Federation. To apply, you will have to go to the official website of the Central Bank. The application itself should not exceed the size of symbols. At the same time, up to 10 files confirming the fact of violation of rights can be attached to the complaint. The Central Bank itself controls all commercial banks in Russia, therefore, in case of violation of the rights of citizens in one of the branches, serious penalties may follow, as well as revocation of licenses. When submitting an application, be sure to choose the right topic and type of appeal, as this will help shorten the processing time. If possible, in the appeal it is necessary to indicate the articles that were violated in a particular department.
3. Prosecutor's office. It is best to contact the regional office. When applying, you must indicate that it is not possible to hire a lawyer. If the addressing party is legally unprotected, then the Prosecutor's Office is obliged to stand on its side and help sort out this issue. In the appeal itself, it is necessary to state all the information that relates to the violation of rights in the bank branch. The prosecutor's office is obliged to conduct an audit, the results of which will make a final decision.
4. Police. Contacting this authority is reasonable if the bank was suspected of transferring personal data to unauthorized persons.
5. Antimonopoly committee. It must be contacted if bank employees are forced to contact a specific insurance company or a specific expert. In this case, the principles of free competition are violated. In addition, you can contact the committee if the services provided do not correspond to those indicated in the advertisement.
6. Court. If the fact of violation of human rights is indisputable, then it is necessary to apply to the court. To do this, you need to collect all the documents, print out the correspondence with the bank employees, if any, collect all the photos, application numbers and other facts that will be documented. All of this can help resolve the issue.

Important! When applying to the courts, it must be borne in mind that all costs and legal costs are paid by the party that lost. If the fact of violation of rights is undeniable, then you should hire a good lawyer and prepare for long litigation.

Conclusion

It is easiest to send a complaint to Sberbank online, but the best option would be to complain using a registered letter, which they must accept.

If a client complains about the service or a number of violations in lending, he can apply to various authorities, including the controlling type.

Which body to apply to depends on the requirements and violations.

In the regulatory documents on accounting and taxation, the author could not find a definition of repair. The Great Soviet Encyclopedia 1 considers repair as a set of technical, economic and organizational measures related to the maintenance and partial or complete restoration of the use value of the means of production.

Does not contradict the above and the definition of repair of vehicles, given in paragraph 2.2.3 of the Regulations on the maintenance and repair of rolling stock of road transport 2 (hereinafter referred to as the Regulation), according to which repair is understood as a set of operations to restore a serviceable or operable state, resource and ensure failure-free operation of the rolling stock and its components.

Repair is carried out both on demand after the occurrence of a corresponding faulty condition, and forcibly according to a plan, after a certain mileage or operating time of the rolling stock. The second type of repair is planned and preventive. In accordance with clause 2.12 of the Regulations, repairs, in accordance with the purpose, nature and volume of work performed, are divided into capital and current. The overhaul of the rolling stock, assemblies and assemblies is aimed at restoring their serviceability and close to complete (at least 80%) restoration of the resource, the current one is to ensure the working condition of the rolling stock with the restoration or replacement of its individual assemblies, assemblies and parts (except for the basic ones), reached the maximum permissible state.

However, such a distinction between repairs is of interest only to the technical services of the organization. The issues of concern to accountants will be discussed in more detail below.

In accounting registers, all costs for current and major repairs of fixed assets are recognized as expenses of the organization for ordinary activities (clause 26 PBU 6/01). For the purposes of taxation of profits - the organization's expenses associated with production and sales (subclause 2, clause 1, article 253 of the Tax Code of the Russian Federation and article 260 of the Tax Code of the Russian Federation). In accordance with paragraph 1 of Art. 318 of the Tax Code of the Russian Federation, the organization has the right to recognize these costs as part of both direct and indirect costs.

Once again, we draw your attention to the fact that repair, unlike modernization, does not change the functional purpose or technical characteristics of the fixed asset. As a result, it can be concluded that it is almost impossible to upgrade a car.

It is technically impossible to re-equip a truck into a bus, or to put such a new engine on a passenger vehicle that will transfer the car to the next class in terms of power (engine size). The installation of additional equipment also does not change the technical characteristics of the car, therefore it is recognized as a repair.

However, fiscal authorities often try to prove the opposite and penalize organizations for underestimating the income tax base. After all, if these manipulations with the car are recognized as repairs, then the costs of its implementation will reduce the taxable profit of the current period, but if modernization (additional equipment) - the initial cost of the vehicle will increase by the amount of costs incurred, which are expensed through depreciation.

But the courts in most cases take the side of organizations.

According to the FAS SZO, the installation of car alarms, audio systems, audio speakers and antennas (security and acoustic systems) on a car does not meet the criteria established by paragraph 2 of Art. 257 of the Tax Code of the Russian Federation, and cannot be recognized either as modernization, or additional equipment, or other work that increases the initial cost of the car as an item of fixed assets (Resolution No. A05-12045 / 2007 dated 09.06.2008). The organization reasonably included the costs of acquiring and installing an alarm system, acoustic system and antenna on the car in the costs in accordance with paragraph 1 of Art. 256 of the Tax Code of the Russian Federation as depreciation of individual inventory items.

In Resolution No. Ф09-9474/07-С3 dated January 29, 2008, the Federal Antimonopoly Service of the UO recognized it as legitimate for the organization to include in expenses that reduce taxable profit on the basis of Art. 260 of the Tax Code of the Russian Federation, the cost of installing limit load limiters and setting up a safety device on truck cranes. Thus, the argument of the tax authority that these costs are the additional equipment of fixed assets and should be attributed to the change in the initial cost of these fixed assets in accordance with paragraph 2 of Art. 257 of the Tax Code of the Russian Federation, was rejected. The court proceeded from the fact that the replacement of the limiting load limiters was caused by a breakdown of this unit. During the repair process, the settings of the safety device did not change the technical indicators of fixed assets, and the expenses were directed to maintaining the truck cranes in working condition.

The FAS UO, in its decision of December 08, 2008 No. F09-9111 / 08-C3 in case No. A07-6787 / 08, indicated that the costs of replacing the cylinder block and the all-metal body with the body of the same modification are bringing the GAZ 2705 car into proper working state, and not by changing its technological or service purpose. Since the carrying capacity and other technical characteristics of the vehicle remained the same, and the fixed asset did not acquire new qualities, the court concluded that the organization reasonably accounted for the disputed costs as part of the costs when calculating income tax.

In the decision of the Ninth Arbitration Court of Appeal dated May 18, 2009 No. 09AP-4556 / 2009-AK, 09AP-5218 / 2009-AK in case No. A40-19901 / 08-112-60 it is noted that the replacement of the cab of the car cannot be completed , additional equipment, reconstruction, modernization, technical re-equipment in terms of paragraph 2 of Art. 257 of the Tax Code of the Russian Federation, since it does not change the technological or service purpose of the car and does not endow it with other new qualities. Replacing a cab in a car also does not fall under the concepts of reconstruction and reorganization of existing fixed assets related to the improvement of production and an increase in its technical and economic indicators and carried out under the OS reconstruction project in order to increase production capacity, improve quality and change the product range.

The installation of an additional engine running on liquefied gas on a car does not transfer it to another depreciation group, that is, it is also not recognized as a modernization (resolutions of the Federal Antimonopoly Service UO dated December 19, 2007 No. F09-10406 ​​/ 07-C3 and dated July 26, 2007 No. in case No. Ф09-1460/07-С3).

Standing apart is the resolution of the FAS VSO dated April 3, 2007 No. A33-26135 / 05-Ф02-1027 / 07. In the case under consideration, the installation of crankcase protection and the insertion of a hatch in a car were recognized by the court as retrofitting.

According to the panel of judges, the installation of crankcase protection was caused by the need to prevent mechanical damage to components and assemblies located at the lowest points of the car, to prevent unauthorized access to components and signaling systems, to protect electrical wiring, electrical units and electrical connectors from oxidation and dirt, to improve the aerodynamic properties of the car ( reducing fuel consumption, strengthening the connection with the road and increasing controllability), and when the sunroof is inserted, a new function (quality) appears in the car.

Repair and re-equipment of the car can be done independently or with the involvement of a specialized car repair organization. And in both cases, in the accounting registers, repair costs are optimally taken into account on account 23 “Auxiliary production”.

If the organization has the ability to repair the vehicle on its own (there is a repair base and appropriately qualified personnel), then the primary documents indicating the transfer of the vehicle for repair can be:

• an order from the management of the organization to repair the car (issued in accordance with the repair plan or on the basis of a defective statement);
• act of acceptance and delivery of repaired, reconstructed, modernized fixed assets (in the form of No. OS-3 3).

At the same time, the costs of repairs in the accounting registers are reflected in the following entries:

The primary documents that serve as the basis for reflecting these costs in accounting can be acts on the installation of spare parts on a car being repaired, orders (acts, sheets) for calculating wages, etc.

If the depreciation of equipment used in the repair of a car is charged in the same amount in accounting registers and for profit tax purposes, then there will be no difference in accounting. In the case when, for the purposes of taxation of profit, depreciation on equipment is charged in a larger amount than in accounting registers, then the amount of repair costs will be correspondingly higher.

Upon completion of the repair, an appropriate document must be drawn up (for example, an act in the form of No. OS-3), on the basis of which repair costs are subject to write-off to the expenses of the organization both in accounting registers (clause 7 PBU 10/99) and for tax purposes profits (Article 260 of the Tax Code of the Russian Federation). At the same time, in the accounting registers, the write-off of costs is reflected in the posting:

If the costs of repairing a car for profit tax purposes turned out to be higher than those reflected in the accounting registers (depreciation on the equipment used in the repair in tax accounting is charged in a larger amount), then according to paragraph 12 of PBU 18/02, a taxable temporary difference arises. As a result, in accordance with paragraph 15 of PBU 18/02, it is necessary to accrue a deferred tax liability, which is reflected by the entry:

• Debit Credit 77.

The above applies to a situation where the organization does not create a reserve for the repair of fixed assets. When forming such a reserve, repair costs should not be attributed to expenses that reduce the financial result and taxable profit, but to a decrease in the reserve created monthly. In the accounting registers, this operation is reflected in the entry:

Spare parts removed from the car being repaired and suitable for further use or suitable only for delivery in metal are subject to posting to the warehouse.

In our opinion, usable spare parts left after car repair, as well as scrap metal, can be considered as returnable waste. After all, according to paragraph 6 of Art. 254 of the Tax Code of the Russian Federation, recyclable waste is recognized as the remnants of material resources formed in the process of production of goods (performance of work, provision of services), which have partially lost the consumer qualities of the original resources (chemical or physical properties) and, therefore, are used at increased costs (lower output) or not used for their intended purpose. The spare parts left after the repair of the car, that is, in the course of the work, have partially lost their consumer qualities and can be used both in the repair of other cars (but already as a used one), or for another purpose - as hardware, scrapped, etc.

In this case, the cost of spare parts is determined by the price of their possible use, that is, by the cost reflected in the accounting registers (clause 9 PBU 5/01 4). There are no permanent differences in the subsequent write-off of these spare parts.

However, the Ministry of Finance of Russia claims that the cost of such spare parts should be recognized as non-operating income for profit tax purposes (letters No. 03-03-06/1/380 dated 06/15/2007, /656). That is, the cost of spare parts, when accepted for tax accounting, should be equal to the amount of tax paid to the budget upon their posting in accordance with paragraph 13 of Art. 250 of the Tax Code of the Russian Federation (see Example 1). This approach has been legally approved since 01.01.2009 as a result of amendments to Art. 254 of the Tax Code of the Russian Federation Federal Law of November 26, 2008 No. 224-FZ.

The spare parts removed from the car and credited are estimated in accounting registers at 1,000 rubles.

In accounting, this operation is reflected in the posting:

• Debit 10 Credit 91 sub-account "Other income" - 1,000 rubles.

Taxable income also increases by the same amount. As a result, the amount of tax will increase by 200 rubles. (1,000 rubles x 20%). And in tax accounting, the cost of spare parts will be exactly this amount.

With the further use of spare parts, there will be a permanent difference in the amount of 800 rubles. (clause 4 PBU 18/02). In accordance with paragraph 7 of PBU 18/02, a permanent tax liability is accrued, which is reflected in the posting:

• Debit 99 Credit 68 subaccount "Calculations for income tax" - 160 rubles. (800 rubles x 20%).

If the company entrusts the repair to a car service, an agreement is concluded with it for the provision of appropriate services (although for tax purposes, in accordance with paragraph 4 of article 38 of the Tax Code of the Russian Federation, this type of activity should be recognized as work). The transfer of the car for repair is confirmed by an act in the form of No. OS-3, which is drawn up in two copies, and upon completion, the organization is issued an invoice and an invoice for the cost of services rendered.

The costs of repairs made by a third party, in our opinion, can be immediately expensed by entries:

When forming a reserve for the repair of fixed assets, the repair costs are written off at the expense of the reserve, which is reflected in the following entries:

In our opinion, in some cases it is possible to modernize or re-equip special equipment - a truck crane, a mobile laboratory and other similar vehicles. The dismantling of one mechanism and the installation on the basis of the same chassis of another will lead to a change in the purpose of the vehicle. Therefore, in accordance with paragraph 2 of Art. 257 of the Tax Code of the Russian Federation, all costs for the re-equipment of the machine are included in its initial cost and are charged to expenses through depreciation.

It is unlikely that most organizations have at their disposal their own production base, which allows them to install, for example, a winch on a truck (if the technical parameters of the chassis allow it) or convert it into a mobile laboratory or workshop. Therefore, a specialized company will most likely be involved in the conversion of automotive equipment (see Example 2).

The organization decided to convert the Ural truck into a mobile workshop. A car with an initial cost of 2,340,000 rubles. when it was put into operation, a useful life of 65 months was established. ( IV depreciation group). The depreciation rate, therefore, is 1.538% (1:65 months x 100%), and the monthly deductions are 36,000 rubles. Prior to the decision to re-equip the car was in operation for 10 months. As a result, its residual value is 1,980,000 rubles. (2,340,000 rubles - 360,000 rubles).

Under the terms of the contract, the contractor removes the body from the car, installs a closed van instead of it and mounts the necessary machines and fixtures in it. The removed body is returned to the customer.

Machinery and equipment mounted in a van, in our opinion, should be taken into account as separate items of property, plant and equipment due to the following circumstances:

• the car and the equipment in it cannot be considered a complex of structurally articulated objects - they do not have a common control and each of them performs an independent function;
• the useful life of the “stuffing” of a mobile workshop differs significantly from the same life of the car itself.

Consequently, having transferred one fixed asset item to the contractor - a car, the organization, after its alteration, will have to take into account already several objects - a converted car and equipment. At the same time, the contractor must indicate in the certificate of completion not only the cost of removing the body and installing the van, but also the installation of each of the machines.

At the time of the re-equipment of the car, depreciation on it does not stop either in the accounting registers (clause 23 PBU 6/01), or for the purposes of taxation of profits (clause 3 of article 256 of the Tax Code of the Russian Federation). Indeed, according to the above regulatory documents, an object is excluded from the depreciable property only if it has been under reconstruction or modernization for more than 12 months.

The company that carried out the re-equipment of the car issued an invoice to the customer for 826,000 rubles. (including VAT 126,000 rubles) and provided documents confirming the cost of work. They indicate that the cost of replacing the body amounted to 236,000 rubles. (including VAT 36,000 rubles), and the cost of installed four machines - 590,000 rubles. (including VAT 90,000 rubles).

Expenses for the re-equipment of the car in the accounting registers are reflected in the entries:

• Debit 08 Credit 60 - 200,000 rubles. - reflected the cost of dismantling the old and installing a new body;
• Debit 19 Credit 60 - 36,000 rubles. - reflected the amount of VAT on the re-equipment of the car;
• Debit 68 sub-account "Calculations for income tax" Credit 19 - 36,000 rubles. - the amount of VAT on the costs incurred is accepted for deduction.

The installation of machines in a mobile workshop is reflected in the records:

• Debit 08 Credit 60 - 500,000 rubles. - reflected the installation of equipment;
• Debit 19 Credit 60 - 90,000 rubles. - reflected VAT on installed equipment;
• Debit 68 sub-account "VAT settlements" Credit 19 - 90 000 rub. - Accepted for deduction of VAT on mounted machines 5 .

After the converted car is re-registered with the traffic police, an increase in its value by 200,000 rubles. reflected in the accounting posting:

The body removed and operated before that for two years is subject to posting to the warehouse at the price of its possible use, which the specialists of the organization for the operation of automotive equipment estimated at 25,000 rubles.

• Debit 10 Credit 91 sub-account "Other income" - 25,000 rubles.

For the purposes of taxation of profits, the cost of the body in accordance with paragraph 2 of Art. 254 of the Tax Code of the Russian Federation is recognized as equal to 5,000 rubles. (25,000 rubles x 20%).

Starting from the month following the end of the alteration of the car, depreciation on it is already calculated based on the new cost of 2,540,000 rubles. (2,340,000 rubles + 200,000 rubles).

The decision to increase, decrease or maintain the previous useful life of the object remains with the organization. Paragraph 1 of Article 258 of the Tax Code of the Russian Federation states that the taxpayer has the right to increase the useful life of fixed assets after the date of its commissioning, if after the completion of the reconstruction, modernization or technical re-equipment of such an object, its useful life has increased.

The organization's engineers decided to leave the useful life of the car converted into a mobile workshop the same. The depreciation rate does not change either - 1.538%. Consequently, monthly deductions will amount to 39,077 rubles.

In the situation under consideration, the involved organization carried out the re-equipment of the car, using the components and equipment purchased by it. If the owner of the car purchases everything necessary on his own, and entrusts the contractor only with the dismantling of the old body and the installation of equipment, in our opinion, the purchase can be accounted for as equipment for installation, that is, on the balance sheet account 07 (see Example 3). After all, in accordance with the Instructions for the use of the Chart of Accounts, account 07 summarizes information on the presence and movement of equipment that requires installation and is intended for installation in facilities under construction or reconstruction.

The organization purchased a new body (van) and machines intended for installation inside it at a cost of 472,000 rubles, including VAT of 72,000 rubles. This operation is reflected in the records:

• Debit 07 Credit 60 - 400,000 rubles. - reflected the cost of purchasing equipment;
• Debit 19 Credit 60 - 72,000 rubles. - reflected the amount of VAT on purchased equipment;
• Debit 68 sub-account "VAT settlements" Credit 19 - 72,000 rubles. - VAT on purchased equipment is deductible in accordance with paragraph 1 of Art. 172 of the Tax Code of the Russian Federation.

The transfer of equipment for installation is reflected in the wiring:

After the completion of the re-equipment of the car, the contractor issues an invoice for payment for only the work performed (without specifying the cost of the installed equipment).

The cost of dismantling the old body and installing a new one (at a cost of 100,000 rubles) amounted to 50,000 rubles, excluding VAT 9,000 rubles. The re-equipment of the car is reflected in the entries:

• Debit 08 Credit 60 - 50,000 rubles. - accepted costs for the dismantling and installation of bodies;
• Debit 19 Credit 60 - 9000 rub. - reflected the amount of VAT on the accepted installation (dismantling) work;
• Debit 68 sub-account "VAT settlements" Credit 19 - 9 000 rub. - Accepted for deduction of VAT on the work performed;
• Debit 10 Credit 91 sub-account "Other income" - 25,000 rubles. - the dismantled body was credited.

The contractor's expenses related to the installation of equipment amounted to 47,200 rubles, including VAT of 7,200 rubles. The signing of the act of acceptance and transfer of these works will be reflected in the records:

• Debit 08 Credit 60 - 40,000 rubles. - accepted costs for equipment installation;
• Debit 19 Credit 60 - 7 200 rub. - VAT on equipment installation costs;
• Debit 68 sub-account “VAT settlements) Credit 19 - 7 200 rub. - VAT on equipment installation costs is deductible.

After signing the act of completed work, the organization takes into account the converted car with a new initial cost of 2,490,000 rubles. (2,340,000 rubles + 100,000 rubles + 50,000 rubles) and machines installed in it worth 340,000 rubles. (300,000 rubles + 40,000 rubles). These transactions are reflected in the entries:

• Debit 01 Credit 08 - 150,000 rubles. - reflected the end of the re-equipment of the car;
• Debit 01 Credit 08 - 340,000 rubles. - machine tools and equipment installed in the car van are taken into account.

Approved Decree of the State Statistics Committee of the Russian Federation dated January 21, 2003 No. 7. Go back

Since the machines are not purchased under a sales contract, but are mounted by a contractor, in our opinion, in this case, paragraph 5 of Art. 172 of the Tax Code of the Russian Federation, that is, to accept VAT for deduction on the date of acceptance and transfer of mounted machines. come back

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APPLYING A RISK-BASED APPROACH TO AML/CFT

A risk-based approach to combat the legalization (laundering) of proceeds from crime and the financing of terrorism (hereinafter referred to as AML / CFT) is the basis of the International Standards on Combating Money Laundering, the Financing of Terrorism and the Financing of Proliferation of Weapons of Mass Destruction of the Financial Action Task Force money laundering (FATF). According to FATF Recommendation 1, financial institutions are required to identify, assess and take measures to mitigate their own money laundering and terrorist financing (ML/FT) risks.

A risk-based approach allows flexibility in the application of AML/CFT measures in order to more effectively allocate available resources and direct efforts towards preventive measures in areas of high ML/TF risk.

The topic of applying a risk-based approach in the field of AML/CFT has been developed in a number of documents adopted by international bodies and associations specializing in AML/CFT issues. In particular, the FATF adopted the following documents:

— report “Specific Risk Factors in the Laundering of Proceeds of Corruption”, 2012;

— Guidance for a Risk-Based Approach: Prepaid Cards, Mobile Payments and Internet-Based Payment Services, 2013;

— “Risk-Based Approach Guidance for the Banking Sector”, 2014;

— Guidance for a Risk-Based Approach to Virtual Currencies, 2015;

— Guidance for a Risk-Based Approach for Money or Value Transfer Services, 2016;

— Guidance on Correspondent Banking Services, 2016.

Translations of these documents are posted on the official website of the International Training and Methodological Center for Financial Monitoring (ITMCFM) on the Internet information and telecommunications network, as well as on the official website of the Bank of Russia in the section “Combating money laundering and terrorist financing”.

In September 2015, the Wolfsberg Group prepared The Wolfsberg Frequently Asked Questions on Risk Assessments for Money Laundering, Sanctions and Bribery & Corruption.

The Wolfsberg Group is an association of thirteen global banks (Banco Santander, Bank of America, Bank of Tokyo-Mitsubishi-UFJ Ltd, Barclays, Citigroup, Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, JP Morgan Chase, Societe Generale, Standard Chartered Bank and UBS), the purpose of which is to develop recommendations for managing the risks associated with the commission of financial crimes. The Wolfsberg Group pays special attention to improving the know-your-customer practice and AML/CFT measures.

This document is of practical interest to credit institutions, since it contains recommendations on organizing a system for assessing ML/TF risks, the risks of applying targeted financial sanctions and the risks of bribing officials of financial institutions, which is necessary to prevent the involvement of financial institutions in illegal activities related to ML/TF, corruption. It also provides examples of conducting risk assessments, assigning ratings by type of customer, type of financial service and other criteria, applying weights to identified risks.

In this regard, the Bank of Russia sends an unofficial translation of this document to the Wolfsberg Group (Appendix No. 1) for use in organizing work on managing ML/TF risks.

For information, a translation of the document of the Wolfsberg Group “Guidelines for the Compliance Program for Combating Bribery and Corruption”, adopted in July 2017 (Appendix No. 2), is also sent. The document contains recommendations on the organization of risk-based mechanisms for controlling corruption risks, the effective implementation of which helps to reduce the risk of money laundering from corruption and bribery in a financial institution.

Documents of the Wolfsberg Group in English can be found on the official website of the Group in the information and telecommunications network "Internet" at the links:

Risk assessment related to the commission of financial crimes is one of the elements of internal control carried out by financial institutions / firms (hereinafter referred to as the financial institution) in order to combat financial crimes, which can be used to strengthen the internal control system in financial institutions. The results of the assessments allow to identify the main areas of activity exposed to risks, improve the quality of risk management and ensure the allocation of resources in the areas most vulnerable to risk, as well as the adoption of strategic (long-term) and tactical (medium-term) action plans to manage identified risks.

Numerous questions arise as a result of any risk assessment. This document contains some of the most frequently asked questions and answers to them. Other parts of the FI that perform business risk management, compliance or auditing may also use risk assessment forms and, to the extent possible, further coordinate the actions taken and the results of all risk assessments.

The Wolfsberg Group of International Financial Institutions has prepared this paper in the light of the Wolfsberg Group members' views on current best practices and with an understanding of how these practices should evolve over time. The Wolfsberg Group believes that this document will contribute to the promotion of good risk management practices and will contribute to the Wolfsberg Group members' goal of preventing their financial institutions from being misused.

The Wolfsberg Group consists of the following financial institutions: Banco Santander, Bank of America, Bank of Tokyo-Mitsubishi-UFJ Ltd, Barclays, Citigroup, Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, JPMorgan Chase, Societe Generale, Standard Chartered and UBS. American Express, Lloyds and RBS also contributed to this document.

A glossary of key terms used in the document is provided in Appendix A.

There is a lot of literature on the understanding of risk depending on the content, size of the group and a number of other factors. Most financial institutions tend to use risk assessment in areas such as credit risk or market risk, where it is not difficult to quantify the risk, which is usually assessed before it is accepted. However, financial crime risk assessment is somewhat different, as it focuses on assessing “indirect” risk, that is, risk that reflects the internal and external environment of a financial institution, including controls aimed at reducing risks. However, in both types of assessment, quantitative and qualitative risk assessment methodologies are useful as they help the FI in assessing risk, understanding the phenomenon under study, analyzing the sources and impact of financial crime risk, and developing tools and methods to manage these risks. At their best, they remove much of the bias and subjectivity of risk analysis and provide financial institutions with a tool to measure risk.

In January 2014, the Basel Committee on Banking Supervision (BCBS) issued a document called “Effectively managing money laundering and terrorist financing risks”, which contains the following statement on the importance and procedure for conducting risk assessments:

“Effective risk management involves the identification and analysis of money laundering and terrorist financing risks in the bank, as well as the development and effective implementation of policies and procedures that are commensurate with the identified risks. When conducting a comprehensive risk assessment to identify money laundering and terrorist financing risks, a bank should consider all significant inherent and residual risk factors, inter alia, at the country, sector, banking and business relationship levels, in order to determine its risk profile and the corresponding , the required level of its reduction.

Although this BCBS document was issued relatively recently, other legal regimes have for a long time provided for risk assessment. For example, in the United States, the Federal Financial Institutions Supervisory Board (FFRCO) Guidelines for Conducting Anti-Money Laundering (AML) Reviews stipulate that bank management must:

". build a banking AML compliance program in accordance with the risk profile identified by the risk assessment results, . develop an appropriate policy, procedures and process for monitoring and controlling money laundering (ML) risks. For example, a bank's monitoring systems for identifying, investigating and reporting suspicious activity should be designed with risk in mind; in this case, special attention should be paid to products, services, customers, persons and geographic regions with a high level of risk identified by the bank. when conducting a risk assessment”.

In the UK, the Guidelines prepared by the Joint AML Coordinating Group set out some judgments that should be taken into account when conducting a risk assessment. At the same time, the practice of applying a risk-based approach became the central theme of this Guide.

For the purposes of this paper, when addressing the issue of ML risk assessment, there was a general understanding of the need to include issues of terrorist financing (TF), sanctions, bribery and corruption. However, as will be noted further in question 5 below, while there may be significant overlap in the factors used in ML, bribery and corruption risk assessments, bribery and corruption risk assessments may also include ancillary components that are not typically used in standard risk assessments. ML and application of sanctions. Ultimately, however, the organization's structure, performance, and business priorities will have a strong influence on how a firm develops its valuation methodology.

While the above approach is generally adopted by most FIs, other approaches and their variations, such as the practice of using risk scenarios, which assess the likelihood and impact of ML/TF scenarios, as a calculation method the inherent risk of a financial institution are effectively used and will be effectively used by financial institutions in the future.

There are many ways to conduct risk assessments, and each financial institution should implement appropriate methodologies, taking into account a number of different factors, including, but not limited to, its size, global presence, markets, organization, and risk appetite. For risk assessment to be effective, senior management, together with key stakeholders, must provide appropriate support for building a healthy compliance culture.

The main goal of an ML risk assessment is to improve financial crime risk management by identifying the general and specific ML risks faced by a financial institution, determining how these risks are mitigated by controls in line with the institution's AML program, and identifying the financial institution's residual risk.

The results of the risk assessment can be used for various purposes, in particular for:

— identification of shortcomings in AML policies, procedures and processes, as well as opportunities for their improvement;

— Making informed decisions about risk appetite, implementing controls, allocating resources and using technology;

— assisting management in understanding how the internal organization of a structural unit or the AML compliance program within a particular line of activity of a financial institution corresponds to its risk profile;

— development of risk mitigation strategies, including existing internal control mechanisms, and, accordingly, reducing the exposure of a structural unit or line of business of a financial institution to residual risk;

— ensuring that senior management is aware of key risks, weaknesses in the control system and measures to address them;

— assistance to senior management in making strategic decisions regarding the termination / liquidation of a particular type of commercial activity;

— ensuring that regulators are aware of the main risks, deficiencies in the control system and measures to eliminate them within the financial institution;

— assisting management in ensuring that the allocated resources and priorities of the organization are aligned with the risks.

2. How often should a financial institution-wide risk assessment be conducted?

Conducting a risk assessment in a financial institution is a complex and resource-intensive task, but nevertheless necessary to understand the internal risk environment of a financial institution. The frequency of conducting a risk assessment in an organization depends on a number of factors, including: the methodology used, the type and extent of interim reviews, the results of the risk assessment, as well as internal and external risk events.

The Financial Institution should decide on the frequency of risk assessments required to keep the results of the assessment and the risk mitigation program up to date. Some financial institutions update their risk assessments on an annual basis; however, in the absence of significant changes in the internal risk environment of a financial institution, some of them may choose to assess risk at a lower frequency. In exceptional circumstances, such as, for example, the actions of the regulator, the risk assessment may be carried out more often than once a year.

Regardless of the frequency with which risk assessments are conducted, a financial institution is generally required to report annually on the state of the ML risk environment, either in the form of annual reports or other forms of reporting. As such, one approach is to have automatic interim validation of the latest risk assessment; however, attention should be paid to whether there are any changes in the previously identified risk environment. These changes may be the result of internal (for example, a significant increase in suspicious transaction reports) and external (for example, the use of significant enforcement measures against the organization in question) factors of influence. Any changes may result in the need to initiate additional action plans or in-depth assessments in certain areas.

Additionally, a narrowly focused risk assessment can be conducted, focusing on high-risk areas and specific internal controls applicable to a given risk. The results of these narrowly focused assessments can be included in the next regular ML risk assessment.

Financial institutions should regularly (preferably annually) review their methodology to ensure that any changes in internal and external factors are carefully reflected in them to ensure that the risk is as accurately as possible described. Any changes to the methodology made annually should be carefully documented and approved by the appropriate governing body (eg senior management, Financial Crime Executive Committee). Changes must be evaluated in terms of the financial institution's ability to compare them with the results of the previous year, otherwise the supposedly significant changes in the results may not be consistent, not clearly explained or incomprehensible. Also, FIs may choose to have the methodology reviewed on a regular basis by an independent person such as an auditor or an independent third party. This will ensure the consistency of risk management approaches within the financial institution, as well as compare the methodology with analogues in the industry in question.

Whichever approach is taken, FIs should ensure that the approach is carefully documented and approved by senior management. The risk assessment methodology should contain clear language, especially in relation to the factors assessed, the criteria used for scoring, the appropriate weighting factors used in the scoring methodology, the assessment adjustments applied, including, in particular, the reasonable basis for such adjustments and specific parameters. areas of activity/structural unit of the financial institution. While arbitrary valuation adjustments should not be the norm, there may be circumstances in which “manual” adjustments become necessary, especially during the first few risk assessments and until the assessment methodology applied has stabilized.

The way in which a risk assessment is carried out can influence the decision of who is responsible for such an assessment and who manages it, i.e.: whether the risk assessment is carried out at the level of individual lines of business, country, region or financial institution; in addition, this decision will be influenced by the structure, global presence and level of sophistication of the financial institution. To assess risk across an FI, several assessments can be aggregated (up to the overall level of the organization), although the implementation of tactical actions may remain the responsibility of individual lines of activity of the FI, rather than at the level of the FI/group of companies. At the same time, it is preferable that the implementation of strategic actions be within the competence and carried out at the level of a group of companies or a regional level. Persons whose competence includes the implementation of certain actions may vary depending on the scale and complexity of the activities of a financial institution; however, they should be in the best position to assume responsibility for ensuring that the necessary actions are taken.

The scope of the risk assessment should be clearly articulated, i.e.: (i) the risk assessment is conducted independently of a specific line of business and focuses on compliance issues, or (ii) it is a comprehensive risk assessment that covers both the activities of the financial institution and compliance with legal requirements.

Similarly, the form of the assessment conducted or the types of questions asked may differ depending on the business area being assessed (if the activities of the financial institution cover one or another business area). For example, a financial institution that provides exclusively wealth management services to high net worth individuals may focus its questions and controls primarily on the risks associated with the characteristics of the geographical presence and the risk by type of client, rather than the risks by the type of products provided or channels for their implementation. , which are likely to be of greater interest to the retail business. This will allow for increased focus on the area being assessed and a more thorough analysis.

When conducting a risk assessment, financial institutions should choose an appropriate format for comparing its results. Options include: (i) setting up a custom internal system for recording responses to risk assessment questions and assigning appropriate risk levels, (ii) using spreadsheet programs, (iii) manually calculating risk levels, and others. possible options. The approach chosen should be commensurate with the size and complexity of the FI's operations, as this affects the effectiveness and manageability of the risk assessment. The FI should select the most appropriate approach and, once the decision is made, document the rationale for the decision. In making this decision, the FI should also consider whether it is possible, using this approach, to calculate the levels of risk and track the actions that need to be taken in the course of the risk assessment. Although the actions mentioned may affect another internal system, it should be recorded that a certain action was the result of a risk assessment.

Where a financial institution uses different approaches, the principles of the risk assessment methodology should be followed consistently so that the respective results can be comparable in terms of the levels of risks identified. After the development of the risk assessment methodology for a financial institution is completed, it is advisable to ensure consistency in its application at a certain level, that is: no changes in the methodology should become an obstacle to comparing the results of the risk assessment carried out with the results of previous risk assessments in order to be able to identify real growth / stability/risk reduction in any financial institution. An example of a risk assessment structuring process is provided in Annex B.

4. Who is responsible for risk assessment?

The management of the financial institution is responsible for the risk environment. It may delegate the risk assessment to the Legal/Financial Crime Unit/AML Compliance Unit (hereinafter referred to as the AML Unit), which may be given the primary responsibility for initiating and conducting an ML risk assessment. This may include tasks such as: developing the methodology, keeping it up to date, periodically updating/initiating assessment processes, and storing data on completed assessments. Managers responsible for specific areas of the financial institution's business, as well as other non-core departments, such as, for example, information technology, operational risk management and payments, may also be required to participate in risk assessment. It should be noted that while the senior management of a financial institution may delegate the risk assessment process to the AML Service, the responsibility for risks remains strictly with the unit, which may also be responsible for taking any action required in connection with the identification of omissions and deficiencies in the course of risk assessment ( see question 3).

The purpose of the risk assessment and the input required from each party should be clearly defined; however, as part of the process of annual assignment of tasks to the personnel of the financial institution, at the discretion of the financial institutions, specific responsibilities of the relevant employees in conducting risk assessments may be determined. FIs should also provide timely and appropriate training/advice to staff involved in risk assessments to ensure consistency in the implementation of the approach, for example with regard to understanding technical terminology.

The chosen risk assessment mechanism should be fully approved by the financial institution's management and used as one of the tools through which a culture of compliance is maintained. The AML service must ensure that the necessary resources are available to manage the risk assessment process and its results.

5. Should the ML risk assessment include an assessment of the risks of bribery and corruption along with the risks of other significant financial crimes?

In most FIs, AML Compliance Units handle AML (including CFT), Targeted Sanctions, Anti-Bribery and Corruption within a single unit, typically the Financial Crime Compliance Unit. Prior to initiating an ML risk assessment, a financial institution should first assess and determine the scope and content of the forthcoming risk assessment. Historically, ML risk assessments have focused on risks by type of customer, type of transaction, and other risks associated with the most traditional forms of ML. However, over time, new types of financial crime have become predicate of ML, and thus a broader range of suspicious activity is considered as part of AML enforcement. As such, the risk assessment process may involve assessing a variety of and sometimes disparate activities, including ML, international sanctions, bribery and corruption, various types of fraud, insider trading, market manipulation and tax evasion. In this case, there may be not only duplication of factors used to assess various risks, but also their significant discrepancy.

As a result, FIs may choose to conduct a single risk assessment covering all of the areas mentioned, separate assessments, or a combination of these options. The following are questions that should be considered in order to decide on the breadth of the risk assessment:

— Sanctions. To a certain extent, sanctions risk assessment overlaps with ML issues and is often carried out in conjunction with ML risk assessment, although it requires knowledge and sources of information specific to this area and often only available centrally. Guidelines issued by regulators, particularly in the United States, provide for various heightened risk factors that must be considered as part of a sanctions risk assessment, including but not limited to: international money transfers, so-called “non-resident accounts” or “individual accounts of temporary residents without living place"; accounts of foreign clients; cross-border operations of the automated clearing house; letters of credit and other trade finance instruments; electronic banking; correspondent accounts of foreign banks; transit accounts; serving wealthy clients around the world; foreign branches and subsidiary banks; investments in foreign securities; pooled accounts used by intermediaries and third parties for exchange transactions. Many of these, and other similar factors, tend to be associated with ML risk assessments. However, the nature and effectiveness of sanction-related risk mitigation controls, particularly screening systems for sanctions lists in payments, cash receipts and other asset transfers, may differ from the main AML risk mitigation tools. Other tools, such as a due diligence level for high-risk customers, are usually components of a financial institution's AML program.

— Bribery and corruption. Factors used to assess ML risks may also be applicable in assessing bribery and corruption risks. For example, the jurisdiction of clients and/or the location of the structural units of a financial institution are important for assessing both ML risks and risks of bribery and corruption. Jurisdictional risk depends in part on factors such as the existence of legal regulation, the strength of the regulatory environment and the level of legal culture, for example. These factors significantly affect both the ML risks and the risks of bribery and corruption. Certain aspects of the FI's customer base will also be significant in terms of ML risks and bribery and corruption risks. For example, the volume, proportion and/or size of the organization of clients associated with government agencies can influence both ML and bribery and corruption risks, albeit to varying degrees. While there is some overlap between the factors used in assessing ML and bribery and corruption risks, some other factors may be much more relevant for assessing bribery and corruption risks. These factors include the presence of third parties acting for and on behalf of the financial institution, recruitment practices, charitable activities, business gifts and entertainment. These factors, as well as other business practices that are not contrary to the law, can potentially be used inappropriately to provide any benefits to a particular government official or employee of the client or a third party (or to receive corresponding benefits from such persons) and, accordingly, may create risks bribery. In this regard, the propensity to use such practices and their extent must be taken into account as part of the risk assessment of bribery and corruption.

It should be possible to isolate any of these types of risks as part of the risk assessment based on the collected baseline information, which will allow the preparation of specific risk judgments.

Whether a financial institution formally assesses the above (and other) financial crime risks through a single ML risk assessment or separate assessment processes, the AML function needs to understand the extent of the risks that exist within the financial institution. Similarly, the AML Service should understand the level of effectiveness and weaknesses in the controls designed to mitigate the relevant risks of the FI, whether or not the AML Service is responsible for managing and maintaining these controls.

Recently, offenses such as insider trading and market manipulation have become predicate offenses for ML and, in fact, can be considered as part of an ML risk assessment. However, at the moment they are usually subject to consideration without linking to the assessment of ML risks, despite the similarity of the methodologies for assessing the mentioned types of risk. In the event that a new offense is added to the list of predicate offenses as decided by the regulator/legislature, it may be necessary to revise the assessment methodology to ensure that it is adequately covered.

6. What is the traditional/standard methodology for assessing ML risks?

Although there are many ways to conduct risk assessments, the most common approach, which is increasingly used by financial institutions, is the so-called “traditional/standard methodology”. The diagram below illustrates what such a methodology might imply in practice, although it can certainly take different forms in different financial institutions:

The risk assessment should cover all activities of the financial institution; however, it may be carried out in parts or as a component of the cycle of activity of a financial institution in order to focus on specific areas, such as: divisions, internal structural units of a financial institution or separate lines of its activity, countries and / or legal entities. The risk assessment should consider all relevant inherent ML risk factors to determine the risk profile and subsequently evaluate the nature of risk-reducing controls, both in terms of their design and their operational effectiveness, in order to determine the residual risk. , which must be within the established risk appetite of the financial institution. While risk assessment is the responsibility of the entire financial institution, ML risk assessment is usually modeled and carried out by a competent AML Service, which is guided by special knowledge and expertise, and collects the necessary information from external and internal sources. Risk assessment can be seen as a three step process.