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19 12 / 18

Is a bank authorized to charge the sole proprietor the commission for the money transfer from his operating account to the personal one?

The partner of the Law Firm PARADIGMA Valeria Selivanova has shared the opinion with PRAVO.RU on whether a bank is authorized to charge the sole proprietor the commission for the money transfer from his operating account to the personal one. The matter is that the commission for the internal money transfer from the sole proprietor to the individuals was stipulated by the bank regulations. The Arbitration Court of the Moscow Region has indicated PRAVO.RU the mistake committed. In addition, the article clarifies when it will not be possible to reimburse the expenses paid by borrowed money of third parties.

This precedent shall assist the rest of the clients in fending off the frivolous commissions, believes the partner of the legal group PARADIGMA Valeria Selivanova. She recalls two other cases where the courts sided with the clients. In the case №A40-20252/2018 the Arbitration Court of the Moscow Region invalidated the commission charged for the account closure. Closure of the account in the event of the relevant intention of the client is an obligation of the bank, thus no additional service was rendered. In another case the Supreme court confirmed the illegality of the Commission charged for the questionable transaction (№ A43-1007/2016). Among other things, the cassation indicated that the Bank had not proved that it had incurred any expenses or losses to be compensated. In case of suspect the bank was obliged to decline the transaction. But instead, the Bank charged an increased commission, which constitutes a direct breach of the combating money laundering legislation. "Recently, there have been a lot of reports from the clients that banks began to charge frivolous commissions is connection with combating money laundering arrangements. They also block transactions and close accounts ", – says Selivanova. According to Valeria, sole proprietors has faced the most difficult situation: any money transfer from the sole proprietor account to his personal one falls into the risk zone due to the suspect of "cashing in". Needless to say, that banks are overregulated and strive to comply with the instructions of the Central Bank, but at the same time it is essential to recall of the clients, thanks to which the banks exist, summarizes Selivanova.

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