For a written appeal to the bank, the reasons may be different:

• the need to get information about the state of the account;
• the need to obtain copies of documents;
• make a claim regarding any action of the bank;
• provide information on the change of details, surname;
• request loan restructuring.

What can not be requested?

A person contacting the bank may request various information,  which relates directly to his relationship with the bank.

Federal Law dated 02.12.1990 N 395-1 “On Banks and Banking Activities” regulates the provision on bank secrecy by article 26. According to the article, to receive documented copies of accounts and movements on accounts and deposits of individuals and legal entities can be issued directly to themselves or other bodies in cases stipulated by law. The exception applies to the following authorities:

• Courts and arbitration courts.
• To tax authorities.
• Accounts Chamber of the Russian Federation.
• Pension Fund.
• Social Insurance Fund of the Russian Federation.
• The enforcement bodies of judicial acts.

Bank secrecy includes information on accounts, operations and deposits of customers and correspondents. When disclosing bank secrets, a person has the right to demand compensation from the bank and compensation for losses.

Important!The list of organizations that are allowed access to bank secrecy is constantly expanding. The provision of banking documents and information to government bodies or officials is only possible in cases provided by law.

Paperwork

The request to the bank relates to business documentation  and does not have a single form of compilation, but when writing it, it is necessary to comply with generally accepted norms of correspondence.

The document is executed on the letterhead of the enterprise for legal entities or on a regular A4 sheet. The letter can be made both by hand and in print.

The document must be sent with the signature of the person who compiled it or on behalf of whom it was prepared. Date is also an important attribute of paperwork.

A letter to the bank should not be filled with unnecessary information.  The content of the document should consist of a description of the reason for the appeal. The structure of the request is as follows:

Corner filling

• In the upper right corner must indicate the name of the banking organization.
• Surname, name and patronymic (full name) of the specialist to whom the request is sent, to the director of the department or institution.
• Organizations applying to the bank must observe the corner filling of the document in the upper left part, which indicates the name of the sender's company, contact details of the person in charge, and the actual address.
• Contact details for individuals are indicated in the right corner under the name and position of specialist. A private person may not indicate the details of a particular employee. In the event that there is no information about to whom the letter should be sent, under the name of the bank, the mark “For an authorized person” is made.

Main part

It indicates the reason why the person applied to the institution. The appeal must be drawn up in a respectful manner and not contain incorrect requirements.

Date, Signature, Seal

The request is endorsed by the signature of the sender.  For enterprises, the signature is required to decrypt and indicate the position. Provided that the organization uses the stamp when certifying documents, a request to the bank must also be stamped.

Reference.The main part of the letter may contain references to laws and regulations, and it also refers to the number of the banking agreement, on which the relationship of the banking organization and the legal or private person are based.

Spelling rules

Adhering to the basic rules for writing written requests to the bank, you can correctly and correctly draw up an application and get the necessary information.

On account statement

Adhering to the structure of the document, an appeal to a bank for an extract on cash balances should contain information:

1. The number and date of the current contract with the bank.

   This information is indicated in the first paragraph of the content part: " The date of conclusion between LLC Streamline and Promstroy Bank was concluded Agreement No. 1567". For individuals and individuals, instead of the name of the company, the full name is indicated.

2. Statement of reason.

   « I ask you to issue a statement of account No. ___, in accordance with the current legislation of the Russian Federation, for the entire period from the moment of opening the account to the present moment.»The frequency may vary depending on the needs of the originator of the request. Also, the necessity of extracting from auxiliary or attached accounts to the contract may be indicated here.

3. Links to laws, if necessary.

   For example, you can refer to the Law on Consumer Rights, as well as paragraph 14 of Information Letter No. 146 of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 13, 2011, which states that account statements should be issued free of charge.

4. Date, signature with decryption, stamp (if any).

To provide documents

If there are relations with the bank, in particular, credit relations, the organization, individuals or private individuals can make a request for the provision of documents on the existing debt: fines, penalties, outstanding loan payments. For instance, " I ask you to provide a document on the absence (presence) of debt for the period of the loan Agreement No. 5678 of 3.10.2017»The provision of documents will be required in case of loss of the latter.

The main part, in this case, will contain the following appeal: “ In connection with the loss (damage) of documents, please provide and re-sign, if necessary, a copy of the Agreement with Remservis, as well as provide all operations on account No. 7890567890.“Otherwise, the circulation structure remains unchanged.

About open accounts

A document on the availability of valid bank accounts may be needed at the time of applying for a loan, liquidation of the enterprise, when applying to the courts or to provide an answer to the prosecution authorities.

The content of the document should consist of courteous treatment and the reasons for this request,  as well as links to the law, for example: “Based on the letter of the Federal Tax Service of Russia dated 05.23.2011 No. PA-4-6-b / 8136, we ask you to provide a certificate of the availability of all open accounts.

Here you should indicate the purpose of obtaining the document: "This certificate will be used to appeal to the courts." Compiler data is mandatory in the corner of the document.

How to send?

There are several ways to submit a request:

1. Put in the office of the institution. When transmitting a request to an employee or an authorized person, the latter must register the document in a special journal. The sender should have a copy of the request, on which the clerk must duplicate the registration number and seal the copy. This will be a direct confirmation that the letter was sent to the bank in case the sender does not wait for an answer.
2. Send a notification letter by mail. Notification of receipt of the document will also serve as a guarantee of direct receipt of the request by the bank.
3. Send by email. Most banks have electronic forms of circulation on their official websites. The sender should take care of a copy of the email. If the letter is sent to a specific email address, the appeal must be certified by electronic signature.

What is the answer?

  There are no laws or regulations on the timing of the response.  Indicate any dates in circulation is not correct. Similar deadlines for official responses may be specified in the contract or in the annex to it. The response from the bank should be in the form in which the request was sent, preferably in writing, only then it will have legal force.

Bank statements can be sent electronically or transferred personally to the person in whose name and account they were drawn up. In the same way, certificates and documents are personally handed over.

Requests to the bank are official in nature and are documents. It is important to comply with all official requirements for signing and registering a document. Requests must be in writing, as are the responses provided by the bank. To resolve disputes or other issues, the availability of a written request and an answer to it may become decisive.

Case No. 2-4534 / 2014

  DECISION

IN THE NAME OF THE RUSSIAN FEDERATION

The Leninsky District Court. Kirov, composed of:

Presiding judge Shamrikova The.The.,

When the court clerk Kuznetsova A.M.,

Having considered in open court the civil case under the claim of Levchishina N. N. against Sberbank of Russia OJSC on declaring illegal actions to limit operations under bank account agreements, on declaring illegal actions on blocking bank cards, on collecting interest, compensation for moral damage,

U S T A N O V I L:

Levchishina N.N. filed a lawsuit against Sberbank of Russia OJSC on invalidating actions to limit operations under bank account agreements, on invalidating actions to block bank cards, on recovering interest, and compensation for moral damage. In support of the claim, she indicated that on the date she was withdrawn in the framework of the agreement concluded with the defendant in the Kirov branch No. 8612 of Sberbank of Russia, a debit (settlement) card No. was opened Visa number was withdrawn and visa date was withdrawn. The date seized her bank cards Sberbank were blocked. The limit for issuing cash from her visa card. The number withdrawn is ... rub. per day (... rubles from an ATM plus ... through a bank cash desk). Her cash is on the visa card ... (personal funds in the amount of ... rub .; ... rub. - overdraft). She had a need to withdraw cash from the card within the daily limit of issuance equal to ... rubles, but she could not do this due to the fault of the bank, therefore, she suffered material losses. She applied to the bank with a claim of the date withdrawn and the date of withdrawn, and the date of the withdrawal she received a response from the bank, in which it was reported that the cards are checked for the legality of using the card, no more specific reason and deadline for resolving this issue was indicated. The bank is obliged to send a notice of detection of suspicious transactions to the authorized bodies no later than two days, it is for this period that the bank has the right to block card transactions, for a period of more than two days the card can only be blocked if the financial monitoring body decides so. He believes that the blocking of her cards was made illegally. For violation by the bank of its obligations for the timely issuance of funds to the defendant in accordance with paragraph 5 of Art. RF Law "On Protection of Consumer Rights" accrued interest in the amount of ... RUB. (... rubles x 3% x 16 days of delay (the period from the date withdrawn to the date withdrawn). Since, before applying to the court, she asked the defendant to clarify the blocking of her account, to return the amounts on the account, however, such requirements were not satisfied with the bank, then, in such circumstances, the defendant must be fined in her favor in accordance with clause 6 of Article of the Law of the Russian Federation “On the Protection of Consumer Rights” in the amount of ... rubles .. The actions of the defendant, expressed in the bank services in accordance with the requirements and conditions for the agreement concluded between them, her rights as a consumer were violated, and she suffered moral harm, expressed in moral suffering associated with the ability to use money in a certain amount and at a certain time, in connection with which, she asks to recover compensation for moral damage in the amount of . .. rubles. Requests to recognize visa card blocking Number seized and visa ... illegal; collect from Sberbank of Russia OJSC (Kirov branch Number removed) in their favor a penalty in the amount of ... RUB .; fine in the amount of ... RUB., compensation for non-pecuniary damage in the amount of ... RUB ..

At the hearing the representative of the plaintiff by proxy Shalaginova C.A. supported the arguments set forth in the statement of claim, clarified and supplemented the claims, namely: asked to declare illegal the actions of Sberbank of Russia OJSC to limit operations under bank account agreements Number withdrawn, Number withdrawn and card blocking visa Number withdrawn and visa Number withdrawn and obligated the bank accepts and credits the funds received in the accounts, fulfills the plaintiff's orders to transfer and issue the corresponding amounts from the accounts and conduct other operations on the accounts; recover from OJSC Sberbank of Russia in favor of Levchishina N.N. compensation for non-pecuniary damage in the amount of ... rubles; interest for the late issuance of funds from accounts in the amount of ... rubles; forfeit for the period from Date withdrawn to Date withdrawn in the amount of ... RUB .; penalty for refusal to satisfy claims out of court in the amount of 50% of the amount awarded by the court in favor of the consumer.

The representative of the plaintiff Shalaginova C.A. additionally explained that for the management of funds placed in bank accounts No. Number was withdrawn, Number was withdrawn, the bank issued visa cards at the request of the plaintiff. Number was withdrawn and visa Number was withdrawn. The Bank may use the funds available in the account, guaranteeing the right of the client to freely dispose of these funds. The Bank is not entitled to arbitrarily refuse to issue funds to the account holder. Date seized by Levchishina N.N. It was refused to issue funds from the above accounts due to the blocking of accounts and bank cards tied to them. He believes that the bank’s actions to block operations on accounts Number seized, Number seized are illegal and violate the rights Levchishina N.N .. The plaintiff is a consumer in relation to the bank in the sense contained in the Law of the Russian Federation of 07.02.1992 N 2300-1 “О consumer protection ”, namely, accounts at Sberbank of Russia, she uses as a citizen, using the services exclusively for personal, family, home and other needs not related to entrepreneurial activity. Levchishina N.N. transferred its own funds to accounts in Sberbank of Russia OJSC. Prior to transferring funds to accounts at Sberbank of Russia OJSC N.N. Levchishina earned them through entrepreneurial activities, took them into account in their own tax accounting. Within the meaning of Art. , funds credited to the person’s account are his property. From the moment the funds were credited to the entrepreneur’s bank account, N. N. Levchishina they from the income from entrepreneurial activity become its property, after which the plaintiff transferred his own funds from the current account to the accounts in Sberbank of Russia OJSC. Therefore, to the accounts of Levchishina N.N. Sberbank of Russia OJSC did not receive funds related to entrepreneurial activities. In accordance with Art. Law of the Russian Federation “On the Protection of Consumer Rights”, the terms of the bank account agreement, infringing on the right Levchishina N. to dispose of the funds in their accounts are invalid. Accordingly, in particular, the Terms of Use of Bank Cards of Sberbank of Russia OJSC are invalid, in terms of providing the bank with the right to suspend operations using a bank card (clause 2.9 of the Terms). The Bank substantiates its right to refuse to issue funds N.N. Levchishina by reference to Federal Law of 07. 08.2001 N 115-ФЗ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism”. However, in this case, this law does not give the bank the right to retain the plaintiff’s money for a long time. The Bank did not provide evidence of the right under Clause 12 to exemption from liability.

Claimant Levchishina N.N. at the hearing did not appear, duly notified, which is confirmed by a receipt from the date of withdrawn., the court did not notify the reasons for the failure to appear. Earlier in the hearing explained that with date seized. is an individual entrepreneur engaged in the provision of cargo transportation services. Payment for the services provided is transferred to the current account with VTB Bank 24. It transfers its own funds to the settlement accounts with Sberbank of Russia OJSC. Date withdrawn. She faced a problem of withdrawing funds in the amount of ... .. Usually she withdraws money either through the cash register or at an ATM, the limit on .... rub. in a day. Deputy head of the additional office S. called the security service in order to give her money. She took off ... RUB. From an ATM, then went to the cashier to withdraw ... RUB., The cashier told her that the accounts were blocked. She removed the date of the withdrawal ... .rub .. The next day she arrived at the security service located at: Address was withdrawn, where she spent about 40 minutes, the man explained to her that the cards had been blocked by Sberbank of Moscow. The employees did not give her any statements, requests for information. She filled out only a form on which basis they could not give out money. The young man who was with her read this form. She does not want the court to give his last name.

The representative of the defendant Sberbank of Russia OJSC by proxy Nos EA at the hearing did not recognize the claim, asked to refuse to satisfy the claim. She explained that in the period from the date seized to the date seized on a personal card N. Levchishina The number seized was credited, including the amount of ... rubles, ... rubles, ... rubles, ... rubles, ... rubles, ... rubles, ... rubles ., ... rub., ... rub. etc. for the total amount of ... rubles .. In the same period, the plaintiff made operations on this card to withdraw cash, as well as transfer them to other accounts using the Sberbank Online system for a total amount of ... rubles .. Date withdrawn. the client applied to the bank with an oral statement on cash withdrawal in the amount of ... rub. A Bank employee asked to fill out and issued a request to the client in a standard form for additional information. The client, without returning the completed form to the bank employee, asked to take other actions, namely, to open several deposits of ... rubles, warning that she would withdraw money on the same day. The actions proposed by the client were also refused. In pursuance of legal acts, the bank refused and at the subsequent request of the client to give her an amount of ... rubles. without filling out the form, since the total amount of cash withdrawn from the account would already have exceeded ... rubles, due to the fact that before the client contacted the cash desk through an ATM, ... rubles. Further, the client asked to issue from the account ... rub., The client’s order was executed. The date was withdrawn by the bank’s employees, it was discovered that the client had split and withdrawed funds, and therefore, remote customer service was suspended by blocking the interbank loan on the basis of clause 2.9 of the Terms. On the same day Levchishina N.N. asked the bank to unblock all her cards and give her cash from one of the cards in the amount of ... rubles .. Bank employees verbally again asked to fill out a standard form for the client, specifying the sources of income for verification, to which the client again refused. The date was withdrawn by the Bank’s employees in connection with the client’s refusal to provide information on transactions performed on the accounts; transactions were documented as having a confused or unusual nature of the transaction that did not have an obvious economic sense or an obvious legitimate aim; and also in connection with the identification of repeated transactions or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade mandatory control procedures provided for by the Federal Law. Moreover, it follows from the indicated norm that it does not establish a list of information subject to mandatory fixation, thereby allowing a credit institution to independently determine the amount of relevant information. The Bank, observing the requirements of the law, sent information on the suspicious transactions with the client N. Levchishina to the authorized body. Bank employees acted in accordance with the Methodology, the Law and because of the suspicion that the operation requested by the client is performed in order to legalize (launder) the proceeds of crime or to finance terrorism (Clause 11, Article 7 of the Law), asked the client to fill out a request about providing information. If the client fills out the proposed form, the bank would check the information on the required operation in a timely manner, make a decision on issuing or refusing to issue funds in the required amount and notify the client of the decision. However, by its refusal to fill out the form, the plaintiff did not allow the bank to conduct further work with her as a bank client in this situation. The Bank believes that the client is obligated in accordance with clauses 7.2, 7.4 of the Terms and Conditions not to use the card to perform transactions that are contrary to the current legislation of the Russian Federation; not to carry out operations related to entrepreneurial activity on the card accounts, violated these clauses of the contract, as he refused to provide information to the bank about the operations performed. The volume of the account Levchishina N.N. operations for a short period does not allow us to regard them as the use of funds to satisfy the personal and domestic needs of the plaintiff. It was explained to the client that, in accordance with clause 3.10 of the Terms, the account is closed and the balance of funds is returned from the account at the request of the client subject to repayment of the overdraft, no other debt and completion of the settlement of disputed transactions after 45 calendar days, including including from the date of delivery of all cards open to this account or the expiration of the cards, however, the plaintiff did not apply to the bank with an application for closing accounts. It is believed that paragraph 5 of Art. Federal Law on the Protection of Consumer Rights ”cannot be used to calculate the penalty, since the penalty is calculated from the price of the service, which in this case cannot be determined, since there are no commissions or other fees for receiving and crediting funds received to the plaintiff’s account, execution of the plaintiff’s orders the bank did not charge about transferring and issuing money from the account and conducting other operations on the account. Moreover, the Law “On Protection of Consumer Rights” is considered inapplicable in this situation, because the volume of large transactions carried out on the account for a short period of time does not allow us to regard them as the use of funds to satisfy the personal and domestic needs of the plaintiff, which means that the plaintiff cannot be recognized by consumer. In the statement of claim, the plaintiff did not substantiate what his mental and moral suffering was expressed in, did not submit documents that could confirm these circumstances.

The court, taking into account the views of the representatives of the parties, considers it possible to consider the case in the absence of the plaintiff who did not appear.

The court, after hearing the participants in the trial, questioning the witnesses, having studied the written materials of the case, comes to the following.

I DECIDED:

Levchishina N.N. in a lawsuit against Sberbank of Russia OJSC on declaring illegal actions of Sberbank of Russia OJSC on restricting operations under bank account agreements and blocking cards, on the obligation to accept and credit funds received in accounts, fulfill the plaintiff’s orders for transfer and the issuance of appropriate amounts from accounts and other operations on accounts, for the recovery of non-pecuniary damage in the amount of ... rubles, interest for the late payment of funds from accounts in the amount of ... rubles, forfeit, penalty for refusal to satisfaction of claims out of court in the amount of 50% of the amount awarded by the court in favor of the consumer - refuse.

The decision can be appealed to the appeal to the Kirov Regional Court through the Leninsky District Court. Kirov within a month from the date of the decision by the court in final form.

Judge Shamrikova V.N.

Request letter is a type of business letter. The request is sent to partners, contractors, government agencies ... Sometimes you can do without it (for example, verbally asking a business colleague to provide some information), but in general you should not neglect such messages. At least for the sake of observing the established order.

What can I request?

• Information (on the characteristics of the goods and their availability, on the methods of delivery and delivery time, on the reasons for the delay in sending, etc.).
• Documents or objects (papers for concluding a contract, samples of goods, etc.).

In a word, if you don’t know something or don’t quite understand, if you need documents or price lists, send a request letter.

Letter structure

Such messages are written in the same way as other business letters:

• first, the details of the recipient and sender are indicated;
• then - the date of preparation and outgoing document number;
• heading reflecting the essence of the issue;
• appeal to the recipient (as a rule - by name and patronymic, unless you write to the official authorities);
• essence of the question;
• benevolent expression of hope for cooperation;
• thanks;
• position, name and signature of the sender.

Since the letter of inquiry is an official document, it should be written on letterhead. A sample request letter can be downloaded here.

How to write?

It’s better to start the request with a brief explanation of the reasons for the appeal. Just to demand information without indicating reasons (and even in an ultimatum form, as some do) is bad form. Write literally one introductory phrase, for example:

• “On the basis of our preliminary agreements”;
• “In order to prevent possible contentious issues”;
• “In accordance with the concluded agreement”;
• "To conclude a contract."

If necessary, you can refer to acts of legislation. For example, if the law requires you to familiarize yourself with any papers before entering into an agreement, you can write in a letter: “In accordance with article of the Federal Law of 24.07.2012 No. 397-FZ ...”. You can go to the point without preliminary explanations only in cases where the reason for the request is obvious (for example, if you write a request letter for a commercial offer on the model). But if the reason for contacting is non-standard, you should describe the situation and state your motives in detail so that the recipient has no questions left.

In the content part, one concrete requirement must be formulated (if possible - succinctly). It is undesirable in the same message to ask for clarifications on several topics. However, this is optional - if you write a letter on each small question (of which there are 5-10 pieces in total), this will only lead to excessive formalism. The addressee is also not very happy, having undergone such a “paper” bombardment. Start the content with standard introductory structures:

• "Please inform about ...";
• "We will be extremely grateful if you ...";
• "Please send ...".

A letter of inquiry always requires a letter of reply. If the question is urgent and urgent - tactfully mention that you would like to receive an answer as soon as possible. For this purpose, you can use the following phrases:

• “Please reply as soon as possible”;
• “We urge you to respond within five days”;
• “Please give an answer within two weeks”;
• “We look forward to your letter”;
• "I ask you to send documents as soon as possible by e-mail."

In most cases, the request message is very short. No need to spread the thought on the tree and express their thoughts on the topic and off topic.

Below are examples of the most common queries.

Sample letter of request for documents

“Dear Vladimir Alexandrovich!

To conclude an agreement between LLC Artemida and JSC Schwarzenspiegel, please provide the following list of documents:

• articles of association;
• certificates of OGRN and TIN;
• certificate of state registration of the company (obtained at the Federal Tax Service Inspectorate in the manner prescribed by law);
• order for the appointment of the Director General.

I ask you to send both the original documents (by Russian post or courier service), and their copies (by e-mail to [email protected]). ”

Sample information request letter

“Dear Peter Vladimirovich!

I ask you to inform me of the possibility of supplying ship engines E-100 (code according to the catalog SRK-1738-8476) in the amount of 10 pieces by December 10, 2015, and also inform about the delivery and payment conditions. Thank you in advance for your prompt reply! ”

Sample clarification request letter

“Dear Alexander Petrovich!

In order to prevent possible contentious issues, I ask you to describe in as much detail the procedure for the delivery of rhesus monkeys from the territory of North Vietnam. What vehicles are used at each stage, is there a danger to the life and health of individuals, for what maximum period should I expect? Looking forward to your reply".

Compose a letter based on the given samples and do not forget about politeness and business ethics. The request should not contain threatening phrases, ultimatums and promises to go with a complaint to the official authorities, if there is no answer. Spell out your request as correctly as possible, even if the recipient clearly does not want to fulfill it. And if the answer still does not come (or if you are sent an official refusal to provide data), you will have to resort to more serious measures - for example, to write a warning letter.

Most likely, everyone will agree that the confidentiality of banking information is an unshakable thing. Bankers convinced almost the entire population that requesting information is a step that undermines the economy of not only a particular branch, but the entire banking system.

And surprisingly, almost everyone is embarrassed to break the silence so beloved by money. People do not even ask for information about their accounts. But this is fundamentally wrong.

The only thing that can be obtained from employees is phrases that it is necessary to submit a written request for information without any samples. After compiling such requests in free form, you can achieve a maximum of a written refusal without explaining the reasons. Just data cannot be provided.

Right below this article, you can download trial samples for free. If something seems incomprehensible in them, this publication will help. For questions that are not included in it, you can get a full consultation of legal advisers. So.

What you need to know about banking information

The client of the banking institution clearly has the legal right to demand from him any data relating to his accounts. Moreover, this can be done at any time.

Bankers do not dissemble when they claim that a letter of inquiry is written in a free style. It really is. There are no forms established for this. But there are general rules for compilation. And they must be maintained.

But more on that later.

Why are reports on current balances requested? Just to clarify to everyone the boring situation.

This refers to cases when, after prolonged use of credit money, it turns out that the borrower is no longer a borrower, but a large debtor. In order not to fall into such a situation, it is necessary to develop the habit of regularly requesting reports. For this, a request letter is written.

What you need to write in requests to banks

The general form of these requests can be compared with official letters in business correspondence. They have their own hat. It indicates the full name of the branch (branch) of the creditor bank. Below you must provide information about the requestor.

This data should be sufficient for identification. This means that in addition to the Surname and First Name of the Patronymic, you must specify the address of residence (state registration) and the most complete passport data, including by whom and when it was issued. This is due to the fact that information regarding unauthorized persons is still confidential.

After that, without specifying any names, we turn to the essence of the requirement. There is no need to indicate any reasons; we simply require the provision of data on such and such a contract from such and such a date.