Insurance payments to depositors of bankrupt banks are proposed to be increased

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Published: 10/25/2019

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• 1 How does the bank bankruptcy procedure proceed, possible grounds and consequences
• 2 What amount of deposit and interest will be returned in the event of bank bankruptcy
• 3 How to get money if the bank’s license has been revoked?
• 4 Which banks are on the verge of bankruptcy 2020 - payments in case of bankruptcy 4.1 Bank Trust

How is a mortgage loan calculated if the bank goes bankrupt?

Bank bankruptcy is an unpleasant situation due to the fact that mortgage borrowers have to spend their time renewing loan agreements. If a financial institution is declared insolvent and loses its license, its assets pass to the successor, who has no right to change the terms of the transaction. This means that the mortgage recipient does not have to worry about interest rate increases.

However, it should be taken into account that the legislation contains a clause allowing the successor to draw up an additional agreement with the borrower. For this reason, when signing a document, you should be careful and read every clause of the agreement. If the successor organization changes the terms of the agreement, which does not suit the borrower, then justice should be sought through the court. Judicial practice regarding bank bankruptcy confirms that the debtor can achieve payment of the mortgage according to the original terms of the agreement.

Which banks are on the verge of bankruptcy 2020 – payments in bankruptcy

Tinkoff; Euroinvest; Vanguard; Summer; HE WOULD; Vesta; GenBank; Idealbank; Sovinkom; Russian standard

Despite the fact that the situation of these banks is unenviable, they have a chance to change the situation for the better.

John Cryan, head of Deutsche Bank, warned the population about possible problems. According to him, due to the constant intervention of the European Central Bank (ECB), force majeure may arise that could lead to the collapse of this company.

Those who manage to withdraw their money from this organization will also suffer. Pensioners, unfortunately, will also fall under the distribution. Zero interest rates, so popular in the EU, make the work of pension funds impossible. They have nowhere to invest money. Despite this, recently benefits to people of retirement age have been issued at the expense of the fixed assets of the banking system.

Many pension funds will have to suspend pension payments indefinitely if Deutsche Bank's license is revoked.

On January 10, 2020, the National Bank of Ukraine announced that Platinum Bank’s license had been revoked. According to his calculations, 97 percent of clients will receive their money in full, since the size of these deposits does not exceed the guaranteed amount of 200 thousand hryvnia. And clients with large deposits will receive them within the amount guaranteed by the Fund. The amount is about 4.8 billion hryvnia.

Many clients of Alfa Bank began to receive letters saying that this company was going through hard times and there was a risk of going bankrupt. Many large clients began to hastily withdraw their money from this financial structure.

The head of Alfa Group states that these were the machinations of envious people and competitors. A criminal case was opened regarding fraud. Regarding the possible collapse of Alfa Bank, they did not want to explain anything.

Bank Trust

Since 2014, Trust Bank was transferred to the hands of temporary managers from the DIA (Deposit Insurance Agency). It must implement a rehabilitation program for this bank.

Rehabilitation is by no means bankruptcy. This means an improvement in the company's financial condition. Bank Trust will operate as before during this event. Clients do not have to worry about their money.

The fact that Renaissance went bankrupt became known back in December 2015. The Central Bank of the Russian Federation revoked its license due to the institution’s failure to comply with federal laws, as well as regulations of the Central Bank regulating the activities of credit enterprises.

In addition, the values ​​of the company's own asset adequacy standards were below 2%. This indicated that the company's policy was overly risky. At the beginning of 2020, there are no changes in this situation.

revocation of the bank's license). The interest will also be returned by the DIA, which returns not only the deposit amount, but also the accrued interest. Moreover, according to the law, at the time the license is revoked, interest will be accrued to you even for part of the month or quarter in which the license was revoked. It turns out that the investor does not lose a single ruble from the interest due under the agreement. How quickly will the deposit be returned? According to the law, already two weeks after the license is revoked, the depositor can contact the DIA and receive the deposit within 3 days.

Where to pay a mortgage if the bank’s license has been revoked?

If the lender changes, the administration of the banking institution enters into a new tripartite agreement, within the framework of which new current accounts are designated, for which the borrower continues to pay mortgage payments. The client must write a new application, on the basis of which the mortgage agreement is reissued. During the transition period, payments are usually made to the financial institution's correspondent account directly or through a notary representative.

When making a payment, you must indicate the details of not only the recipient bank, but also your personal data, including the agreement number, full name, indicating for what billing period the payment is being made.

It should be noted that in some cases the bank is in no hurry to officially declare bankruptcy, conducting a PR campaign to disseminate information beneficial to it. Until the bank's license is revoked, the borrower can act as follows:

1. Go to court in order to accurately establish the status of the bank and obtain information on how and where to make mortgage payments.
2. File a complaint with the Central Bank or the Deposit Insurance Agency.

If the bank that issued the loan is a participant in investment (deposit) insurance, then there is no need to worry too much: the paid mortgage repayment fees are not lost, but are retained in full.

How does the bank bankruptcy procedure proceed, possible grounds and consequences

In addition to your funds, accrued interest must also be returned, including for that part of the period when the bank became bankrupt. In case of forced liquidation of a bank on the initiative of the Central Bank of the Russian Federation, the latter, within 30 days from the date of publication of its notice of revocation of the license, applies to the arbitration court with a request to liquidate the credit organization and at the same time submits to it a candidate for liquidator.

The validity of the creditor's claim can be confirmed by the following documents: a bank deposit (account) agreement, an agreement for settlement and cash services; a court decision that has entered into legal force (writ of execution); originals of securities (bills, certificates of deposit, bonds, etc.); documents confirming the receipt of funds into a bank account (cash receipt order, payment order, announcement for cash deposit);

Foreign currency deposits are also insured and the insurance amount is the same, 1.4 million rubles. at the Central Bank rate. For deposits in foreign currency, the amount in rubles is returned at the exchange rate of the Central Bank of the Russian Federation on the day of the insured event (i.e. revocation of the bank’s license).

The depositor's claim under a bank deposit agreement and (or) a bank account agreement may be included in the register of creditors' claims only in the amount of the balance of funds in the account exceeding the amount of insurance compensation due to the creditor.

The DIA returns not only the deposit amount, but also the accrued interest. Moreover, according to the law, at the time the license is revoked, interest will be accrued to you even for part of the month or quarter in which the license was revoked. It turns out that the investor does not lose a single ruble of the interest due under the agreement. In the modern economy, no one is immune from collapse.

Important

The moratorium may end with the introduction of a reorganization procedure or the transfer of part of the property in favor of another financial organization. The latter will become the legal successor of the bank and all obligations to depositors will have to remain the same. But it is also possible that the moratorium ends unsuccessfully, in which case the bank’s license will still be revoked.

Info

In the event of a bank bankruptcy, how much is returned? Bankruptcy of a bank, revocation of its license or the introduction of a temporary moratorium are considered insured events and the payment of insurance compensation is provided for them. The Deposit Insurance Agency in Russia is responsible for this. Today, the current insurance system includes more than 800 banks, which have the right to attract funds from individuals as deposits.

The maximum amount of insurance compensation is set at 1.4 million rubles. In recent years, it has doubled compared to the original level of 700 thousand rubles.

How does a mortgage transfer from one bank to another happen?

When opening a bank bankruptcy procedure, a person who is a mortgage borrower must always be aware of where and in what amount to make monthly payments. This is necessary so as not to accidentally miss payment deadlines and not worsen your credit history. This is important because the successor bank, when renegotiating contracts with clients of the bankrupt bank, pays attention to the status of each debtor.

It is also possible that the successor will want to reconsider the terms of the loan agreement, but there is no need to be afraid, since the changes are advisory in nature. If the borrower does not agree, he can always challenge the decision in court.

During bankruptcy proceedings, the bank is obliged to post information about changes in accounts on its official website. If, after 10 days from the start of the procedure, information about new details has not appeared on the electronic resource, you should pay according to the old ones, but be sure to save all receipts.

How much deposit and interest will be returned in case of bank bankruptcy?

– News – Payments to employees in case of bank bankruptcy

Thus, all payments in bankruptcy are collected in one document, which is maintained either by the arbitration manager or by a special company - the registry holder (Article 16 of the Law “On Bankruptcy”).

The law strictly defines how requirements should be presented and included in the register. Popular articles In this situation, no preferential conditions and guarantees provided for by the Labor Code apply.

All employees are subject to dismissal: managers, pregnant women, single mothers with minor children, parents of disabled children, employees under 18 years of age. People on vacation or sick leave will receive a work book at the same time as everyone else.

Next, move on to the next step of the recommendation. In addition, a bankrupt organization will not offer dismissed employees other positions, because there are simply no vacancies.

Attention: Based on the available documentation, the manager determines the amount of debt for which wages will be paid in bankruptcy.

How are payments to employees in the event of bankruptcy of an enterprise? I mean employees of a credit institution whose license is revoked. For many bank employees, the order of the Central Bank of the Russian Federation to deprive their employer of a license sounds like a bolt from the blue.

Some clients think that all former employees are personally guilty of revoking their license, that every ordinary cashier or consultant participated in the machinations of top managers and has long accumulated a tidy sum in a Swiss bank.

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Of course, this is a misconception; “holes in the balance sheet” do not appear at all due to the dishonest work of the operator. In this article we will take a closer look at what exactly happens to employees of a bank whose license is revoked.

An employee who is subject to dismissal is given funds to support him while he searches for a new job. This is the average monthly salary for 2 months along with severance pay. For residents of the Far North and northern regions, a salary of 3 months is provided.

If a company subject to liquidation does not have the funds to pay the necessary benefits to women on maternity or child care leave, as well as temporarily disabled employees, then these categories of employees can receive all compensation from the Social Insurance Fund within 10 days from the moment of filing the relevant application.

RF (Article 127), employees can receive cash payments for unused vacation if the enterprise is declared bankrupt. This does not apply to employees who worked for the organization under a short-term employment contract for less than 2 months. They do not provide for payment of severance pay upon liquidation of the company.

Employees signed under a short-term contract are also not entitled to payments in the amount of average monthly earnings. Seasonal workers and part-time workers are not paid such monetary compensation.

Nuances of the issue It is important to pay attention to some nuances when paying benefits to employees in the event of bankruptcy of an enterprise: Cash compensation for pensioners According to the letter of the Federal Service No. 1754-61 dated October 27, 2005, the employment center cannot refuse to pay severance pay for the period of work (no more than 2 months from the date of dismissal) for dismissed pensioners.

If both the employee and the employer agree to this, an agreement is drawn up in two copies, which indicates the conditions for termination of the employment contract and the date of dismissal.

For employees, this document is usually of interest in the size of payments and the procedure for their calculation, since employees often agree with the company to pay additional compensation in the amount of average monthly earnings - for one, two, three, and sometimes more months.

Amount and order of payments and compensations The financial obligations of a bankrupt (and any) company to its employees are a priority.

That is, first of all, every company must repay debts to employees and only then to creditors. The same thing happens in the process of liquidating an enterprise in case of bankruptcy.

Rights of employees in case of bankruptcy of a company, the need to pay off debts and the reasons for their occurrence. Of course, there may often be erroneous calculations for the payment of wages, in connection with this, company employees have the right to control this calculation and include requirements for wages and benefits. It is possible to exclude these requirements from the register only by a court decision.

The employee must promptly provide information about changes to the arbitration manager.

Articles for personnel officers The bankruptcy manager of the Federal State Unitary Enterprise “Z...” within the prescribed period notified the employees, including the head of the personnel and technical training department, of the upcoming dismissal.

After the expiration of a two-month period from the date of warning, their employment contracts were terminated under paragraph 1 of part one of Article 81 of the Labor Code (in connection with the liquidation of the organization).

Current wage arrears are not included in the list of creditors' claims.

• The transfer of salaries to employees is made in full and is given priority in accordance with Article 11 of the ILO Convention No. 95 on the Security of Wages.
• All disputes arising during the payment of monetary compensation may be reviewed by an arbitration court. This will take a month from the date of submission of the relevant application.

According to Federal Law No. 408 and Article 133.1. The Labor Code of the Russian Federation cannot make wage payments in an amount less than the minimum wage (5965 rubles).

There are a number of rules according to which the reduction and dismissal of employees of a liquidated enterprise occurs.

The employment contract with the employee is terminated on the basis of Article 41 of the Labor Code of the Russian Federation “Liquidation of an organization or termination of the activities of an individual entrepreneur.”

In accordance with the Labor Code, an employee has the right to wages within 2 months from the date of receipt of official notification of the termination of the enterprise's activities. Such a notice is provided to the employee against signature and can be drawn up in free form. A certified copy of the relevant order must be handed over to the employee.

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The reason for termination of an employee's employment contract is the liquidation of the enterprise. The following features must be taken into account:

• employees working under a short-term contract must be notified no later than 3 calendar days before the official dismissal (Article 292 of the Labor Code of the Russian Federation);
• seasonal workers receive such notice 7 calendar days before the termination of the contract with them (Art.

• Then the balance of the salary debt is paid to each employee.
• And last but not least, the requirements of the authors of intellectual property results are satisfied.

Within each sub-line, the money is divided proportionally among all employees. The bankruptcy trustee has the right to reduce the amount of payments to employees. The task of the bankruptcy trustee is to satisfy the requirements of each creditor as much as possible. And therefore, the more money he saves on each line, the more chances the creditors of the next line will also get something.

And as part of this task, the bankruptcy trustee can revise the amount of arrears of an individual employee’s salary. We are talking about those employees whose salaries were increased for 6 months before filing for bankruptcy.

In this case, the employee retains the right to severance pay taking into account previous earnings. The average amount is 40-50 thousand rubles at a time. Registration of issuance Payments are made with a note on the salary sheet.

After settlement, the debt is considered repaid. The fact of receipt of severance pay must be certified by the employee’s signature. Upon dismissal, the employee must be paid all wages, including late fees. The work book is being returned. Priority The priority of payments in bankruptcy is determined based on the category of employees and the amount of overdue payments.

Payments may be limited to the management team of the company - its directors and deputies, chief accountants - if the amounts significantly exceed the average earnings of other employees. Going to Court If wages are withheld illegally, a citizen has the right to go to court to recover accrued but unpaid wages.

180 of the Labor Code of the Russian Federation), the manager appointed by the arbitration court must notify the employees of the enterprise about the upcoming dismissal related to the liquidation of the company.

Based on the available documentation, the manager determines the amount of debt for which wages will be paid in bankruptcy.

After selling the debtor's described property and receiving cash, he begins to repay his obligations.

Wage arrears are divided into two parts: current and register components.

The manager determines the amount of debt after studying the documentation and, in accordance with it, charges payments in the event of bankruptcy of the enterprise.

In addition to wages, employees have the right to receive severance pay in the amount of average monthly earnings and payments for the period of employment, which is two months. It is also possible to receive payment for the third month if the employee is registered with the labor exchange, but was not employed during this time due to circumstances beyond his control.

Thus, according to the Federal Law “On Insolvency (Bankruptcy)”, claims for wages and severance pay must be satisfied in the second place after completion of settlements with people to whom the debtor is liable for causing harm to life or health.

Thus, the privilege of employees over the demands of bankruptcy creditors is confirmed. And the ratification of an international convention only secures it for centuries - no matter how the government changes, it will no longer be able to legislatively worsen the situation of workers in terms of the rights enshrined in the convention.

But there is one interesting nuance.

How to remove an encumbrance from a collateral in a bankrupt bank?

Any encumbrance is a restriction of property rights that is imposed by the bank on the client for the entire period of payment of the mortgage. During the bankruptcy procedure of a financial organization, the borrower must remove the encumbrance from the collateral in order to avoid subsequent problems with taking ownership. Removal of encumbrances from a property is carried out in different ways, but the most common are the following:

1. By submitting an application and documents to the MFC.
2. By registering the right to property in Rosreestr.
3. Through intermediary companies providing relevant services.
4. On the web portal gosuslugi.ru.

Documentary evidence of mortgage repayment is a certificate issued to an individual. to the person by the successor bank. In addition to this document, the person provides the following official documents to Rosreestr:

1. Application for removal of encumbrance status on bank letterhead.
2. Statement of funds in the loan account.
3. Original and photocopy of the mortgage contract.
4. Certificate of ownership of the apartment (private house/cottage).
5. Receipt of payment of the state fee for registering the owner in Rosreestr.

What happens to the bank and the loans it issues after bankruptcy?

Some people mistakenly believe that if a bank goes bankrupt, then the borrower is released from the obligation to repay the loan, since the organization ceases to exist, but this is self-deception. Even if a credit institution is declared bankrupt, this does not mean that it disappears and ceases to exist. As a rule, almost all bankrupt banks are bought out by other financial institutions, which means that the borrower’s debt does not go away. Only the creditor changes, which becomes the new bank after the shares are repurchased.

The bankruptcy of a credit institution does not have the best effect on the loan payer and adds even more problems to him. Firstly, after a new person becomes the owner of the bank, the right to assign claims to the bankrupt borrowers is transferred to him. Since a new organization arises, its details also change, and this, of course, is not the most comfortable phenomenon for the debtor in the process of repaying the loan. The borrower will be especially unlucky if the new lender wants to make changes to certain lending and service conditions.

Recommendations for borrowers

To make the bank bankruptcy procedure painless for borrowers with a mortgage, you can use several tips:

1. If a bank goes bankrupt, it is recommended to come to its branch and get advice on what details to make payments.
2. Be sure to save all receipts for payments.
3. Until the end of the official procedure, you do not have to worry about penalties, since they do not apply during this period.
4. You can always monitor the situation by calling a contact number with a bank representative.

In conclusion, it is worth noting that the bank bankruptcy procedure, although complicated, is not dangerous for the debtor paying the mortgage, so it is quite possible to survive it while continuing to fulfill your loan obligations under the agreement.

Return of funds in case of bank bankruptcy

The main actions of the applicant to return funds are:

1. certificate of initiation of bankruptcy proceedings;
2. waiting for information to arrive about which financial company you need to go to for payments;
3. visiting a banking agent company and obtaining finance.

It is possible to come for payment of finances within 2 years after the bank went bankrupt. Otherwise, you will have to explain your late appearance.

Moreover, applicants who have a deposit in amounts greater than the established limit for return are served first.

If the deposit is not insured, who will return it?

In such a situation, it is theoretically possible to return the funds. In practice, everything is a little more complicated and depends on the size and value of the bank’s assets.

The order of priority for settlements on uninsured deposits:

1. Reimbursement of insured investments to individuals.
2. Compensation to merchants.
3. Reimbursement for deposits in the amount of more than 1.4 million rubles.
4. Compensation for legal entities.

Payments are absolutely possible if the bank has the required number of assets, which does not happen often.

To understand how to return finances when a bank goes bankrupt, let’s look at the sequence of steps: