Many depositors try to protect their deposits from the onset of various banking force majeure circumstances in the form of a crisis and take care of the insurance procedure in advance. At the same time, many are interested in the question of how exactly the insurance procedure takes place, as well as the main nuances of the return of funds in the event of bankruptcy of a financial organization. This article will discuss the standard mechanisms of the deposit insurance procedure in banking organizations.

Deposit insurance mechanism

The standard deposit insurance system significantly increases the confidence of citizens who are going to invest their own funds in bank deposits. That is why the state is taking all measures to improve the insurance system and provide optimal conditions for preserving depositors’ savings.

Currently, the insurance procedure has been significantly simplified - the depositor only needs to make a certain amount of deposit to a banking institution and draw up a standard deposit agreement. In this case, there is no need to draw up a special additional insurance contract - the entire procedure of interaction with the deposit insurance agency (DIA) is completely undertaken by the selected financial institution. The bank makes quarterly insurance contributions to this agency in the amount of 0.1% of the total deposit amount.

Thus, the insurance is not paid by the depositors themselves, but directly by the financial institution.

Insurance compensation

In the event of an insured event, the depositor has the right to receive insurance compensation from the deposit insurance agency. Moreover, in accordance with current legislation, in 2018 the amount of insurance paid is 100% of the deposit amount, but this payment has a limitation - the depositor receives compensation of no more than 1,400,000 rubles. This procedure is carried out in accordance with federal law clause 2 art. 11 Federal Law No. 177-FZ.

According to this law, the maximum amount of standard insurance compensation for all deposits and accounts of individuals for which an insured event occurred after December 29, 2014, the amount of payments has been significantly increased to 1.4 million rubles.

Moreover, this rule also applies to individual entrepreneurs.

Actions upon the occurrence of an insured event

The basic procedure for paying insurance compensation is regulated Art. 12 Federal Law No. 177-FZ. This article provides that the deposit insurance agency, within 1 week from the date of receipt of the register from the banking organization, undertakes to publish in the publication "Bulletin of the Bank of Russia" an information message about the designated place and time for accepting applications from citizens to whom insurance is due. Additionally, each depositor must be sent a repeated message within a month about the possibility of insurance payments.

Reasons for refusal of compensation

Not all investors can receive compensation payments - there are a number of reasons why insurance compensation is not possible.

Grounds for refusal may include the following cases:

• Deliberate actions of depositors that are aimed at the immediate occurrence of an insured event;
• Commitment of an intentional crime by the policyholders, as well as by the person for whom the insurance contract was drawn up for the purpose of receiving compensation payments;
• Provision by the policyholder of false information about the insurance procedure.

Thus, the reasons for refusal of compensation payments are any illegal actions of the insurer and the policyholder aimed at obtaining compensation.

How does the Russian deposit insurance system work?

In the Russian Federation, the compulsory bank deposit insurance system is a special measure of social support for citizens. This program is regulated by a special provision of the law “On insurance of deposits of individuals in banks of the Russian Federation” No. 177-FZ dated 23. To implement and implement this provision, a special organization called the DIA (deposit insurance agency) was created. This system deals with the return of insurance and organizes all actions for payment to the insurer.

If the banking system in which the deposit was made goes bankrupt, the depositor must submit an identification document to the deposit insurance agency with a special application.

Deposit Insurance Agency ASV

A special agency involved in deposit insurance was created in 2004 with the aim of ensuring compensation for deposits in the event of any insured events stipulated by the contract. In addition to paying insurance compensation, the organization is engaged in the following activities:

• Maintains a standard register of banks that are the main participants in the insurance procedure;
• Provides high-quality control over the replenishment and maintenance of the main fund, where all insurance premiums go;
• Manages the funds contained in the insurance fund.

Additionally, the agency maintains a master register of non-state pension funds.

The organization monitors the timeliness and quality of receipt of special guarantee contributions.

What deposits are insured by the state in 2018?

In accordance with legislative norms, the following types of deposits are subject to the insurance procedure:

1. Special demand deposits, time deposits, as well as all types of foreign currency deposits;
2. All current accounts of clients - this includes plastic cards, scholarships, and pensions;
3. Finances held in individual accounts of entrepreneurs;
4. Funds held in the accounts of trustees, as well as guardians - the beneficiaries in this case are their wards.

How to check if a deposit is insured?

Some banks are unfair to depositors and use double-entry bookkeeping to create unofficial accounts of certain types of deposits. In such cases, insurance compensation is not paid to clients. Therefore, before the procedure for creating a deposit, you need to make sure whether it is on the balance sheet of the financial institution. To do this, you need to perform the following steps:

1. It is necessary to save the main agreement, as well as all existing receipts for payments made;
2. You should definitely visit your personal bank account where the deposit is open and check whether your own deposit is registered with the financial institution;
3. After opening a deposit, you must call the call center and, through the operator, verify that there is a confirmed deposit amount in your personal account;
4. It is necessary, once every few months, to take bank statements confirming the availability of the main documentation - bank details, as well as information about your own account and the amount of funds on it;

The presence of standard documentation will allow you to prove the existence of a deposit in the event that the bank has committed fraudulent actions against the depositor.

Deposit insurance compensation amount

The situation in the country is unstable, even large banks are in a difficult, risky situation. If the Central Bank tries to save systemically important credit institutions, “ordinary” banks may lose their license if problems arise. There are mechanisms that allow the average investor to compensate for the damage. Let's look at how deposit insurance is paid out, how to receive compensation and how the receipt process occurs.

Content:

Who compensates

Compensation is handled by a specially formed Deposit Insurance Agency (DIA). The agency regulates the Deposit Insurance System (DIS), created with government support in 2003, uniting hundreds of institutions in the country.

Fact! Almost all credit institutions are participants in the insurance system. But there are exceptions. Some institutions imitate banking institutions, accepting deposits at similar interest rates. You can check this fact by asking whether you have a current banking license. It is better to check the fact of participation in the insurance program on the DIA website. There is a list of all banking institutions included in the system. If you find yours there, you are safe.

Depositors do not participate in the deposit insurance system; the system is provided by bank investments. Every 3 months, credit institutions contribute 0.1 of the total deposits available in depositors’ accounts into a single fund, used in emergency situations to pay compensation in the appropriate amount.

Important! Although banks do not directly profit from deposits, deposits allow the bank to increase its funds, maximizing its attractiveness to lenders/investors and earning more profit on loans. Consequently, credit institutions are interested in participating in CERs.

When is it paid?

Insurance is paid to deposit holders when an insurance situation occurs. An insurance situation is considered to be the revocation of a banking license, in fact, the termination of the institution’s activities. There are a number of reasons for revocation of a license, the most straightforward being bankruptcy. The bank may be deprived of its license due to violations, illegal transactions and other reasons. The Central Bank of the Russian Federation may impose a moratorium on satisfying customer requirements.

You can find out about license revocation in a number of different ways:

• news - major media always write about reviews in economic news departments;
• bank website - the fact that a bank stops working does not mean that its website stops working;
• The DIA website is the most reliable option, regularly replenished by banks that are subject to imminent closure;
• letter – when a license is revoked, the credit institution is obliged to contact depositors, warning them of further actions.

How much is reimbursed?

Reimbursement for deposits is carried out in the full amount of the deposit, provided that it does not exceed the insured amount. If it exceeds, a payment is made within the limits of the insurance limit compensation, the remaining part of the bank deposit is burned.

The traditional maximum limit of compensation for a long time was the amount of 700,000 rubles, but the decline in the value of the national currency after the events of 2014 led to the need to bring the amount of compensation to modern realities, doubling it.

Fact! This is not the first change in the amount of deposit compensation. Until 2006, it was 100 thousand rubles, then it grew to 190 thousand rubles, then to 400 thousand rubles, receiving the longest form of 700 thousand rubles in 2008.

Separate rules apply to escrow accounts focused on real estate trading. For escrow, compensation increases several times, up to 10 million rubles due to the specifics of the market.

Important! For a long time, the compensation paid extended exclusively to individual depositors. Now legal entities/individual entrepreneurs (with the exception of lawyers/lawyers, separate rules apply for them) also apply for compensation, without the risk of complete burning of money, as was the case before. The amounts of payments do not differ from those of individuals, which is a comparative disadvantage - legal entities operate with large sums, having large risks.

Limitation

A number of investments are not reimbursed, despite the formal attitude towards bank deposits. Funds that are not subject to reimbursement in any amount include:

• electronic money;
• savings type of certificates;
• money held in trust by the credit institution at the time of license revocation;
• funds placed on impersonal metal accounts;
• money held in deposit accounts of foreign branches of domestic banks.

The remaining deposits and capitalized interest on accounts are subject to return within the framework of insurance payments without restrictions/exceptions.

Important! The above amounts of compensation do not apply to one deposit, but to the amount of deposits owned by one depositor in one banking institution. If the amount of deposits upon revocation of a license exceeds 1,400,000 rubles, this amount will be paid, no more. A smart move would be to spread the funds across different banks. Deposits from different banks are not summed up - a similar bill was briefly considered, and at the time of writing this material the law had not been adopted.

Refund Process

Reimbursement is obtained in a few simple steps, carried out in order:

1. The depositor, his heir or representative contacts the DIA or the designated agent bank responsible for conducting operations instead of the bank whose license is revoked. The appeal occurs within the period between the occurrence of the insured event and the completion of the bankruptcy procedure/completion of the imposed moratorium. The bankruptcy process is long, it can last a year, so you shouldn’t rush too much. If there are valid reasons specified by law, a citizen can apply later. The heir applies from the moment he receives a document confirming the legitimate right to inheritance.
2. To find out where, when and how applications will be accepted, you need to visit the official website of the DIA, read the information in the “Bulletin of the Bank of Russia” or the printed publication at the location of the bank that lost its license. This information will also be contained in the registered letter sent to the depositor.
3. When applying, the client submits an application in the form approved by the DIA and identification documents/right to inheritance. When receiving the amount of compensation by power of attorney, a notarized power of attorney is additionally presented, authorizing the owner to operate with deposits from the citizen who issued the power of attorney.

Fact! Both personal delivery of documents and sending them by mail are acceptable. If the account contained a minimum amount of up to 1000 rubles, compensation is possible without notarization of the signature; for an amount higher, notarization will be required.

Payment procedure

After successfully submitting an application, the bank client has the right to receive payment within the terms and conditions established by law.

Fact! Payment of compensation is carried out by the DIA within 3 days after the provision of the above documents, no earlier than 2 weeks from the date of occurrence of the insured event.

First, the citizen is given only an extract from the register of bank liabilities indicating the amount that should be reimbursed to him. There are subtleties. For example, if a citizen had a loan from a bank along with a deposit, the amount owed on the loan is subtracted from the amount of the available deposit. Only the difference is handed out. Thus, the citizen pays off the existing debt to the bank.

After a month has passed from the date of receipt of the DIA from the bank of the register of obligations to depositors, information is sent individually by the depositor regarding the data contained in the register.

Reimbursement is carried out in a way convenient for the depositor - in cash at the agent bank or by transfer to the bank account indicated by the depositor in the application (optional).

Fact! Refunds to individual entrepreneurs are made only to an account for business activities opened in another bank.

Often the DIA is personally involved in the reimbursement procedure; even more often, an agent bank is appointed to conduct business on behalf of the DIA and the bank whose license is revoked.

Disagreement with the amount paid

In most cases, no problems arise, but it happens that the depositor does not agree with the amount of compensation for the deposit and believes that an error has occurred. In this case, the investor submits additional documents to the agency confirming the validity of his claims. Documents are reviewed within 10 days from the date of receipt. When the amount of the bank’s obligations is agreed upon based on adjustments and additional documents, the DIA pays the citizen the missing compensation in the amount established as a result of this agreement.

Loans

Deposits, according to the CER, are reimbursed, loans, according to the law, are not burned, but remain with the citizen. As stated earlier, the loan is deducted from the deposit, but sometimes this is not enough. In this case, the loan obligations are transferred to the bank, which will be indicated to the DIA citizen. The terms of the loan do not change, the amount of debt does not change, only the bank with which the citizen cooperates changes. He may be asked to re-sign the insurance contract in accordance with the new conditions, but this is optional; the citizen has the right not to do this.

Let's sum it up

The process of obtaining insurance compensation for deposits is simple and straightforward. In most cases, it will be even simpler than indicated in this material. You will receive a letter with detailed instructions, date, time of reimbursement, come to the specified address, fill out the papers specified by the employees, and then receive the money in cash/bank transfer. Any difficulties are clarified with the DIA and agent banks responsible for compensation. Take your time - you can postpone within fairly large limits. The funds invested on the deposit will not be lost, the reimbursement system works reliably.

You can find out more information on the topic in question by watching the video below:

For many of us, one of the most reliable ways to save and increase our savings is to open a deposit account at a bank. Indeed, the funds are securely stored in the bank, and interest is accrued on them. But in any case, the client has a certain risk of losing his money for the reason that the financial institution may lose its license, fail to withstand fierce competition in the financial market and go bankrupt. In order for depositors to have greater confidence in the bank and not be afraid of losing their money, a compulsory deposit insurance service is available to them, that is, if an insured event occurs, losses are returned to the insured person.

What it is

For banks, it is most important to replenish the list of deposit clients, because the profit of a financial organization is mainly generated from issued loans, for the issuance of which money invested by clients is used. And deposit insurance is a guarantee for the client, just like loan insurance for the bank, that is, it is an integral part of the entire financial system as a whole.

In our country, depositors are skeptical about deposits in the bank, because due to the unstable economic situation in the country, default or currency denomination and other changes may occur. As happened in our country after the collapse of the Soviet Union. But the government of our state has found a real way out of the situation - this is the introduction of a deposit insurance system.

The deposit insurance system is a mandatory condition for all banks, that is, if a bank accepts deposits from the public, then its participation in the system is mandatory, which is regulated at the legislative level.

This measure was adopted back in December 2003. The essence of this resolution is that citizens will receive their money if the bank ceases its activities, despite the fact that payments will be made from public funds even before the liquidation of the enterprise.

Payment amount

So, if a bank does not participate in the deposit insurance system, then it will not be able to obtain a license, and the Deposit Insurance Agency (abbreviated DIA) is responsible for regulating the insurance of deposit accounts.

How much is deposit insurance calculated for? The amount is not established by law. That is, in fact, upon the occurrence of an insured event, the client is guaranteed to receive the amount that the bank must pay under the agreement on the day when its activities cease.

But according to the law, the maximum amount of deposit insurance is currently 1 million 400 thousand rubles. Even if one client has several deposits open in the bank, the total maximum amount will be 1 million 400 thousand rubles.

Insurance scheme

Many depositors do not know that their deposit account is insured, and only think about compensation when an insured event occurs. After all, the client does not sign any contracts or additional agreements with the bank and does not pay for insurance. The state institution DIA regulates deposit insurance, so all banks with deposit accounts pay it 0.1% of the total amount of all deposits every three months.

Deposit insurance scheme

Deposit insurance payments begin the next day after the insured event occurs. These include a moratorium imposed by the Central Bank, revocation of a license, and bankruptcy. Payments begin immediately, without waiting for the company to be liquidated. How is the insurance amount calculated for deposits:

• the amount of the deposit with accrued interest is subject to return until the day the bank ceases to operate;
• if several deposits are open, then each of them is subject to reimbursement, but the total amount should not exceed the established limit;
• if the depositor has savings of more than 1.4 million rubles, then it is wiser to disperse it in different banks, because each of them will have a maximum amount of payments upon the occurrence of an insured event;
• if the client has a deposit and a loan in the same bank, upon liquidation of the bank he will receive only the difference, that is, the deposit minus the loan;

How to receive payment upon the occurrence of an insured event: procedure and deadlines

Today, thanks to the media, finding out that a bank’s license has been revoked is not a problem. But for your own peace of mind, you can go to the official website of the DIA and check the list of banks that are in the process of liquidation. If the bank is on the list, then the agency will begin making payments no earlier than in two weeks.

But the investor needs to act independently; first, on the website, open the link with the name of the financial institution and Under the table, find the line “Subscribe to news.” Enter your email address and wait for the letter because the agency sends letters with the start date of insurance payments. In this letter you will find a list of agent banks to which you can contact with documents. You only need your passport and application. The application review period is 3 days; after this period, the funds will be transferred to the applicant’s personal account in any bank.

How to subscribe to DIA news

If the depositor does not agree with the payment amount, he can contact the DIA directly with a statement; it will be considered after 10 days.

So, we have looked at what is the amount of deposit insurance? The DIA pays 100%, provided that the deposit does not exceed 1.4 million rubles. But still, you shouldn’t take risks and contact only reliable banks that have been proven over the years. By the way, any potential client can go to the agency’s website and check whether the selected bank is on the list of participants in the insurance system, so as not to make a mistake with their choice.

In this material:

Throughout its history, the Russian banking sector has improved, developing new tools to protect the interests of ordinary depositors from unexpected bank bankruptcy. As a result of the tireless review of the prospects and possibilities of banking regulation, the state decided to form a unified deposit insurance system for legal entities and individuals in order to guarantee the return of deposits in the event of license revocation and depositors were not afraid to use the services of banks, and also did not worry about their savings. How does insurance compensation for deposits work in 2019, and what should depositors pay attention to?

Each banking organization that wants to raise money from legal entities (companies) and individuals must take part in the general system of insurance of bank deposits. Insurance payments are also made on a regular basis.

Payment of deposits upon revocation of a license for insured bank deposits is carried out by the state Deposit Insurance Agency (DIA).

State deposit insurance

According to the current legislative framework, the following types of deposits are subject to compulsory insurance:

• Funds of wards, which are listed in the accounts of guardians and trustees;
• Demand deposits, as well as time deposits denominated in foreign currency and Russian rubles;
• Funds stored on salary and debit cards;
• Since 2014, money placed by entrepreneurs in special accounts has been insured;
• Money in escrow accounts that were opened for transactions under contracts for the purchase and sale of real estate at the time of registration with Rosreestr (since April 2015).

The following are not subject to reimbursement by the state:

• Money placed in specialized notary accounts opened directly for his professional activities;
• Funds in businessmen’s accounts (individual, opened before 2014);
• Funds placed in branches of Russian banks located in other countries;
• Electronic money used without opening an account with a banking organization;
• Bearer deposits;
• Deposits placed outside a banking organization (microfinance organizations, pyramid schemes, credit cooperatives);
• Funds transferred by the client under the terms of trust management;
• Unallocated metal accounts (UMA).

An individual can count on the return of deposits if the Central Bank of the Russian Federation introduced a moratorium on satisfying the conditions of creditors, as well as if it was decided to revoke the license of a banking organization to carry out further financial transactions.

Reimbursement by debit cards

The funds that were on the plastic card (debit) at the time of deprivation of the bank’s license are also subject to insurance compensation from the state corporation DIA.

Deposit insurance compensation: affordable refund amount?

According to the current legislation (law of December twenty-tenth, 2014 No. 451 - Federal Law, amendments to Article 11 “On insurance of deposits in Russian banks”), a depositor whose bank deposit is subject to deposit insurance compensation has the opportunity to receive a maximum compensation of up to 1,400,000 rubles

If at the time of deprivation of the bank’s license the deposit was more than one million four hundred thousand rubles, then the remaining amount will have to be recovered as part of bankruptcy or liquidation of the bank. If the bank deposit was opened in a foreign currency (US dollar, euro), then insurance payments will be made in the national unit of account (rubles). Recalculation is made at the current exchange rate at the time of deprivation of the bank's license.

If the insured event occurs before changes are made to the legislation, compensation for bank deposits reaches the full amount, but not more than seven hundred thousand rubles. Experts working in the banking sector advise against keeping all your funds in one bank, even though it offers the highest interest payments. It is best to keep funds in several banks, dividing them so that in the event of bankruptcy of the organization you do not lose a single ruble.

Is interest on deposits covered by the insurance system?

Based on the current legislative framework, amounts of interest accrued are subject to compulsory insurance if they were added to the deposit in accordance with the terms of a bilateral agreement between a banking organization and its client.

According to Article Twenty of the Law “On Banks”, from the moment of revocation of the license to conduct financial transactions, the time for fulfilling his obligations to all depositors is considered to have arrived. All interest payments are added to the main amount of money placed on the deposit and are included in the insurance compensation system.

For example, on July 1, 2013, a bank client deposited fifty thousand rubles (for one year) with the condition of quarterly accrual of ten percent per annum through capitalization. No money was withdrawn from the deposit. Consequently, at the time of the occurrence of the insured event on November 2, 2013, the liabilities of the banking organization, which are included in the calculation of mandatory compensation, will amount to 51,695.64 rubles. Fifty thousand rubles of the initial deposit and 1260.27 rubles of interest accruals for three months and 435.36 rubles of accruals for the unfinished quarter on the day that preceded the moment of revocation of the license.

The investor does not agree with the amount of insurance compensation: what can be done?

The volume of insurance compensation is calculated by specialists of the national corporation DIA on the basis of the accounting report of the liquidated banking organization. If the investor believes that the amount of funds being returned to him is insufficient, he can receive an undisputed amount of money, and then send to the DIA an additional package of documents that would confirm his case.

The documents will be reviewed by DIA specialists over the next ten days from the date of receipt of the application, after which a response and, possibly, additional payments will be provided.

Payment of deposits upon revocation of a license: procedure for the depositor

After depriving a banking organization of a license to conduct further financial transactions, the depositor should go to the official web resource of the state corporation DIA. The website publishes a list of all banks that are subject to liquidation or have been deprived of their license. You need to find your bank in this list.

DIA hotline phone number: 8 800 200-08-05

Insurance payments are issued first of all:

1. Clients to whom the organization bears a certain responsibility for their health;
2. Individuals who are creditors of the bank under agreements concluded with it (bank accounts).

By law, a state corporation begins payments to depositors of a liquidated bank no less than fourteen banking days later. In order to find out when you can apply for a refund, you should subscribe (on the official DIA website) to updates on the liquidated bank.

Before the start of insurance compensation, the DIA specifically publishes a message where all DIA agent banks are registered, where depositors will be able to withdraw their savings. For example: “All depositors of the Cherepovets Bank “Capital” can apply for insurance payments from June 2, 2015 to June 2, 2016 at Rosselkhozbank.”

When contacting an agent bank of a state corporation, you must have the following documents:

1. An identification document or a copy thereof (for example, a passport);
2. Notarized power of attorney, if the money from the deposit will be received by someone else (wife, husband, or children who have reached the age of majority);
3. Supporting documents (in case of changes in passport data);
4. Application for compensation under the compulsory insurance system (possible directly at the bank).

Payments of money under the insurance compensation program occur within three days from the moment the depositor applies with the entire package of documents. Funds (at the depositor’s request) can be transferred to another bank account or issued in cash. If compensation occurs on the deposit of an individual entrepreneur, then the funds can only be transferred to another special account opened for the individual entrepreneur. Also, if a client of a closed bank has several accounts at once, then the DIA summarizes the balances of all his deposits.

Deposits opened in a foreign currency unit are recalculated at the current exchange rate of the Central Bank of the Russian Federation when the banking organization was deprived of its license. The return of funds occurs proportionally if the amount of all deposits is more than one million four hundred thousand rubles. For example, the bank lost its license on December 29, 2014, and the depositor was left with two deposits, with the amounts of nine hundred thousand rubles and 1.9 million rubles. DIA insurance compensation will be 450 thousand rubles for the first deposit and 950 thousand rubles for the second deposit.

If the DIA agent bank is located in another city, you can send an application with a complete package of documents by mail. In this case, the money can be sent either by mail or credited to the bank account specified in the documents.

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1. In accordance with part 1, depositors have the right:
1) receive refunds on deposits. Depositors have the right to apply to the Agency with a demand for payment of compensation from the date of commencement to the day of completion of bankruptcy proceedings, and if the Bank of Russia introduces a moratorium on satisfying creditors' claims - until the day the moratorium ends. The depositor's right to receive compensation for deposits arises in two cases:
- upon revocation (cancellation) of a bank’s license from the Bank of Russia to carry out banking operations;
- when the Bank of Russia introduces a moratorium on satisfying the claims of the bank’s creditors. These events are called insured events.
Deposits in different branches (branches) of the same bank are deposits in the same bank, and they are subject to the general rule for calculating the amount of compensation for deposits - 100 percent of the amount of all deposits in the bank, not exceeding 700 thousand rubles. If the deposit was placed in foreign currency, then the amount of compensation is calculated in rubles at the rate established by the Bank of Russia on the day the insured event occurred. Payment of compensation for deposits is made at the choice of the depositor: either in cash or by transferring funds to a bank account specified by the depositor.
When applying for payment of compensation, the depositor submits an application for payment of compensation for deposits, as well as a document proving his identity. When applying for payment of compensation to a person who is not a depositor, the applicant submits an application, as well as all necessary documents confirming the applicant’s right to represent the interests of the depositor or on other grounds to dispose of the insurance compensation due to the depositor. If the powers of the representative are confirmed by a corresponding power of attorney, it must be notarized.
The amount of compensation is determined based on the difference between the amount of the bank's obligations to the depositor and the amount of the bank's counterclaims to the depositor that arose before the day the insured event occurred. A counterclaim must be understood as any monetary obligation of the depositor to the bank under civil transactions and (or) other grounds provided for by federal legislation (for example, a loan). When calculating the insurance compensation, the amount of debt on the loan, the amount of interest payable, penalties for late repayment of the loan, etc. are deducted from the deposit amount.
If the applicant disagrees with the amount of compensation to be paid, the authorized person invites the applicant to submit additional documents confirming the validity of his claims to the Agency for sending to the bank. To confirm the validity of the claims related to the payment of compensation, the applicant may submit additional documents (their originals or copies):
- bank deposit or bank account agreements, savings books, savings certificates, on the basis of which the right of claim against the bank arose;
- court decisions, as well as writs of execution or orders of the bailiff to initiate enforcement proceedings, confirming the existence of the bank’s obligations to the depositor under bank deposit or bank account agreements;
- receipt orders and account statements confirming the depositor's placement of funds into a deposit subject to insurance;
- other documents confirming the validity of the applicant’s claims.
Additional documents must be submitted to the Agency along with a statement of disagreement with the amount of compensation due, in which the applicant reports his disagreement and the reasons for such disagreement.
If, after reviewing additional documents, the bank agrees with the applicant on the amount of compensation due, the Agency pays the agreed amount to the applicant. If the amount of compensation remains unagreed, the applicant has the right to file a claim in court to establish the composition and amount of his claims, as well as the compensation to be paid.
It should be noted that the heirs to whom the right to claim the deposit was transferred by inheritance have the right to receive compensation if it was not previously paid to the depositor himself. To receive insurance compensation, the heir submits to the DIA an application for payment of compensation and documents confirming the right to inheritance;
2) report to the Agency about cases of delay in payments by the bank. According to the requirements of current legislation, the depositor has the right to withdraw funds from his account or deposit at any time before the expiration of the agreement. If the bank refuses or delays issuing a deposit, the depositor has the right to report the facts of the delay to the Agency. The depositor may contact the bank with a written application demanding the return of the deposit amount. From the moment the depositor receives a written application for the return of the deposit amount, the bank becomes obligated to return the deposit. If the bank avoids fulfilling its obligations, the depositor can go to court at the place of residence or at the location of the bank (branch) - in this category of dispute, the right of choice belongs to the plaintiff. If the deposit return period is violated, the depositor has the right to demand:
- payment of penalties in accordance with the Law “On Protection of Consumer Rights”;
- compensation for moral damage;
- payment of interest for the use of other people's funds from the date of evasion of their return.
In accordance with Art. 39 of the Law "On the Protection of Consumer Rights" in cases where contracts for the provision of certain types of services (for example, a bank deposit agreement) do not fall under Chapter III of the Law "On the Protection of Consumer Rights", the Civil Code of the Russian Federation and other laws are applied. Legal relations between the bank and depositors regarding making deposits in the bank, their return, payment of interest, as well as the legal consequences of failure to fulfill obligations are regulated by Chapter 44 “Bank Deposit” of the Civil Code of the Russian Federation and special legislation (for example, Law N 177-FZ). According to paragraph 2 of Art. 834 of the Civil Code of the Russian Federation, a bank deposit agreement is recognized as a public contract. Since this agreement is of a compensated nature, the relations arising from the bank deposit agreement with the participation of a citizen are also regulated by the Law “On the Protection of Consumer Rights”, and the general rules of the law on information, compensation for moral damage, alternative jurisdiction, exemption from payment must be applied state duty. Thus, the Law “On the Protection of Consumer Rights” applies to relations under a bank deposit agreement in terms of general rules; the legal consequences of violations of the terms of the agreement are determined by the Civil Code of the Russian Federation and special legislation;
3) receive all the necessary information about deposit insurance from banks and the Agency. Banks that are participants in the deposit insurance system are required to provide depositors with information about their participation in the deposit insurance system, the procedure and amount of receiving compensation for deposits (Clause 2, Part 3, Article 6), as well as post information about the deposit insurance system on bank premises accessible to depositors, where depositors are serviced (clause 3, part 3, article 6). In turn, depositors have the right to receive from the bank in which they place a deposit information about the bank’s participation in the deposit insurance system, the procedure and amount for receiving compensation for deposits (clause 3, part 1, article 7), and the Agency has the right to demand from banks to place the above information in bank premises accessible to depositors, in which depositor services are provided (clause 6, part 2, article 15).
The information provided to the investor includes:
- a copy of the certificate of inclusion of the bank in the register of banks - participants of the CER;
- full text of Law N 177-FZ;
- announcement (booklet, memo) about the procedure and amount of receiving compensation for deposits, determination of an insured event and the amount of compensation for deposits, a brief description of the procedure for the depositor to apply to the Agency for compensation, as well as an indication of the depositor’s right to demand from the bank payment of the remaining part of the deposit in accordance with current legislation;
- Agency details: full name, postal address, email address, hotline telephone numbers, website address on the Internet.
The depositor has the right to complete and open information about the deposit insurance system. If an insured event occurs, the Agency distributes reports about this in the media and depositors are informed of the places where they can receive insurance compensation. Relevant announcements are posted on the Agency's website and in the bank, and written notifications are sent to the depositor indicating the Agency's hotline telephone number. The agency is obliged, within a month from the date of receipt from the bank of the register of obligations to depositors, to inform depositors about the place, time, form and procedure for accepting applications for payment of compensation for deposits. The depositor can obtain this information from the bank in respect of which the insured event occurred, as well as from the Agency. The agency can accept applications from depositors and pay them refunds on deposits through agent banks acting on its behalf.
2. In accordance with Part 2 of the commented article, depositors of the bank have the right to make claims against it in the amount not paid as part of the payment of insurance compensation (depositors whose deposit amount exceeds 700,000 rubles). The depositor sends a request to the bank to include it in the register of creditors' claims. The validity of the depositor's demands can be confirmed by the following documents: a bank deposit (account) agreement, court decisions that have entered into legal force (writ of execution), an account statement indicating the balance as of the date of revocation of the license or as of the date of last receipt (for bank account agreements). Income on deposits after the date of license revocation is not accrued, and all requirements are taken into account in national currency at the exchange rate on the date of license revocation.
If a bank’s license is revoked, the Bank of Russia appoints a temporary administration, which becomes the bank’s management body until the arbitration court makes a decision to open bankruptcy proceedings or liquidation proceedings. The provisional administration is appointed for a period of no more than six months and acts on behalf of the Bank of Russia.
The arbitration court decides to initiate the forced liquidation procedure if the value of the property of the bank being liquidated, according to a preliminary estimate, is sufficient to pay off all obligations. In the event of a bank's bankruptcy, its assets are not sufficient to repay its obligations to creditors. If during forced liquidation it is revealed that the bank's property is insufficient to repay its obligations to creditors, the arbitration court decides to declare the bank bankrupt and to open bankruptcy proceedings.
The bank creditor has the right to present its claims to the temporary administration during the period of its activity or to the bankruptcy trustee (liquidator) during the entire period of bankruptcy proceedings (liquidation). The bankruptcy trustee (liquidator) is a person approved by the arbitration court to conduct bankruptcy procedures (forced liquidation). If the bank is a participant in the DIC, the DIA is appointed as the bankruptcy manager. Fulfillment of obligations to the bank's creditors during bankruptcy proceedings (forced liquidation) is carried out in the following order:
1) first of all, the claims of individuals under concluded bank deposit (account) agreements and for obligations arising as a result of harm to life or health, as well as the claims of the Bank of Russia and the DIA transferred to them as a result of payments to depositors of amounts guaranteed by the state, are satisfied;
2) secondly, the claims of creditors for the payment of severance pay and wages under the employment contract are satisfied;
3) in the third priority, other claims not related to the first and second priority of satisfaction are satisfied, including claims based on securities presented for redemption.
The claims of creditors of each priority are satisfied after full satisfaction of the claims of the creditors of the previous priority, both included in the register and recorded in the register. Claims of creditors submitted after the closure of the register are satisfied after full satisfaction of the claims of creditors of the corresponding priority included in the register of creditors' claims.
If the credit institution's funds are insufficient to satisfy the claims of creditors of one priority, the funds are distributed among the creditors of the corresponding priority in proportion to the amounts of their claims included in the register of creditors' claims. The bankruptcy trustee (liquidator) makes payments to creditors by transferring from the bank account to the creditor's account.
3. In accordance with Part 3 of the commented article, when concluding a bank deposit agreement (bank account agreement) in favor of a third party The rights of a depositor are acquired by the individual in whose favor such a bank deposit is made. Indication of the name of the citizen in whose favor the deposit is made is an essential condition of the relevant bank deposit agreement. When an insured event occurs, compensation is paid on a general basis, but only the beneficiary in whose name the deposit was opened can receive compensation.
The deposit can be made to the bank in the name of a certain third party, and such person (beneficiary) acquires the rights of the depositor from the moment of presentation them to the bank of the first claim based on these rights. If the beneficiary never contacted the bank, then he did not acquire the rights of the depositor to this deposit. Before the beneficiary expresses an intention to exercise the rights of a depositor, the person who has entered into a bank deposit agreement (the depositor) may himself exercise the rights of the depositor in relation to the funds deposited by him into the account (Clause 2 of Article 842 of the Civil Code of the Russian Federation).

Article 8. Insured event

1. In accordance with paragraph 1 of part 1 of the commented article, an insured event is revocation of the bank's license. If a credit organization violates federal laws, regulations and instructions of the Central Bank of the Russian Federation, fails to provide information, provides incomplete or unreliable information, the Bank of Russia has the right to demand that the credit organization eliminate the identified violations, impose a fine in the amount of up to 0.1 percent of the minimum amount of the authorized capital, or limit the conduct of credit organization for individual transactions for a period of up to six months.
If orders to eliminate violations identified in the bank’s activities are not fulfilled within the prescribed period, and also if these violations or banking operations or transactions created a real threat to the interests of depositors, the Bank of Russia has the right:
1) collect from the credit organization a fine in the amount of up to 1 percent of the paid-up authorized capital, but not more than 1 percent of the minimum authorized capital;
2) demand from the credit institution:
- implementation of measures for the financial rehabilitation of the credit organization, including changes in the structure of its assets;
- replacement of managers of a credit institution;
- carrying out the reorganization of a credit organization;
3) change the mandatory standards established for a credit institution for a period of up to six months;
4) introduce a ban on the credit organization carrying out certain banking operations provided for by the license issued to it for banking operations for a period of up to one year, as well as on the opening of branches by it for a period of up to one year;
5) appoint a temporary administration to manage the credit institution for a period of up to six months;
6) introduce a ban on the reorganization of a credit organization if, as a result of its implementation, grounds arise for the use of measures to prevent bankruptcy;
7) invite the founders (participants) of the credit organization, who independently or by virtue of an agreement existing between them or participation in each other’s capital, or other means of direct or indirect interaction, have the opportunity to influence decisions made by the management bodies of the credit organization, to take actions aimed to increase the credit institution’s own funds (capital) to an amount that ensures its compliance with mandatory standards.
The Bank of Russia also has the right to revoke a credit organization’s license to carry out banking operations. However, the listed measures cannot be applied to a credit institution if five years have passed since the date of the violation.
The grounds for revoking a bank’s license are listed in Art. 20 of the Law “On Banks and Banking Activities”, this list is exhaustive. After the revocation of a credit organization’s license to carry out banking operations, the Bank of Russia, no later than the business day following the day of revocation of the said license, appoints a temporary administration to the credit organization in accordance with the requirements of the Federal Law “On the Insolvency (Bankruptcy) of Credit Institutions.” From the moment of revocation of a credit institution’s license to carry out banking operations:
1) the deadline for the fulfillment of the obligations of the credit organization that arose before the day of revocation of the license to carry out banking operations is considered to have arrived. At the same time, the amount of monetary obligations and obligations to make mandatory payments to a credit organization, expressed in foreign currency, is determined in rubles at the rate established by the Central Bank of the Russian Federation on the day of revocation of the license;
2) the accrual of interest and financial sanctions on all types of debt of the credit institution is stopped, with the exception of financial sanctions for non-fulfillment or improper fulfillment of current obligations;
3) the execution of executive documents on property collections is suspended, the forced execution of other documents, the collection of which is carried out in an indisputable manner, is not allowed, with the exception of the execution of executive documents on the collection of debt on current obligations;
4) until the date of entry into force of the decision of the arbitration court to declare a credit organization insolvent (bankrupt) or to liquidate a credit organization, it is prohibited:
- carrying out transactions with the property of a credit organization, including the fulfillment of obligations by the credit organization, with the exception of transactions related to the current obligations of the credit organization;
- fulfillment of the obligation to pay mandatory payments that arose before the day the credit institution’s license to carry out banking operations was revoked;
- termination of obligations to a credit institution by offsetting similar counterclaims;
5) the acceptance and making of payments through correspondent accounts of the credit organization to the accounts of the credit organization’s clients (individuals and legal entities) is stopped. Credit organizations and institutions of the Bank of Russia return payments received after the day of revocation of the license to carry out banking operations in favor of clients of the credit organization to the accounts of payers in sending banks.
From the day the credit organization’s license is revoked and until the day the arbitration court’s decision to declare the credit organization insolvent (bankrupt) or to liquidate it enters into force, the credit organization whose license has been revoked shall cease operations on customer accounts.
It should be noted that in some cases, the bank, without waiting for the license to be revoked, has the right to independently file a petition to terminate the right to work with deposits. This petition is sent if the bank does not comply with the requirements for participation in the deposit insurance system (see instruction of the Central Bank of the Russian Federation dated September 21, 2009 N 2296-U “On the procedure for the bank to submit a petition to terminate the right to work with deposits based on the request of the Bank of Russia sent in case of non-compliance of the bank with the requirements for participation in the deposit insurance system or in accordance with Part 3.4 of Article 48 of the Federal Law "On Insurance of Individuals' Deposits in Banks of the Russian Federation", and the procedure for invalidating the license of the Bank of Russia to attract deposits of individuals' funds in rubles, or a license from the Bank of Russia to attract deposits from individuals in rubles and foreign currency, or a General License").
Point 2 of part 1 of the commented article is also called an insured event introduction of a moratorium on satisfying the claims of bank creditors. A moratorium is a suspension of the debtor’s fulfillment of monetary obligations and payment of mandatory payments. The purpose of the moratorium is to preserve the debtor’s property assets, and if a moratorium is assigned, the bank does not have the right to independently fulfill monetary obligations. The introduction of a moratorium helps restore the debtor's solvency and is aimed at protecting his interests, since it deprives creditors of the opportunity to demand forced collection of debt from the debtor in court proceedings. The moratorium on satisfying creditors' claims applies to monetary obligations and obligatory payments, with the exception of current payments. During the period of the moratorium on satisfying creditors' claims for monetary obligations and making mandatory payments:
1) the execution of executive documents on property collections, other documents, collection of which is carried out in an indisputable manner, is suspended, their forced execution is not allowed, with the exception of the execution of executive documents issued on the basis of decisions on the collection of wage arrears that entered into legal force before the introduction of external management payment, on the payment of remuneration to the authors of the results of intellectual activity, on the recovery of property from someone else’s illegal possession, on compensation for harm caused to life or health, and compensation for moral damage, as well as on the collection of debt on current payments;
2) penalties (fines, penalties) and other financial sanctions are not assessed for non-fulfillment or improper fulfillment of monetary obligations and mandatory payments, with the exception of current payments.
2. In accordance with Part 2 of the commented article, an insured event is considered to have occurred from the day the bank’s license was revoked or from the date of the introduction of a moratorium on satisfying the claims of the bank’s creditors. The depositor has the right to apply for compensation from the day the insured event occurs until the day the bank bankruptcy procedure is completed, and if a moratorium is introduced on satisfying creditors’ claims, until the day the moratorium ends. If the deadline is missed at the request of the investor, it can be restored by decision of the Agency’s board, but only if the circumstances listed in the commented Law exist (long-term illness or business trip). Payment of compensation for deposits is made by the Agency in accordance with the register of the bank's obligations to depositors within 3 days from the date the depositor submits the necessary documents to the Agency, but not earlier than 14 days from the date of the insured event.

Article 9. Emergence of the depositor’s right to compensation for deposits

1. In accordance with Part 1 of the commented article, the depositor’s right to claim compensation for deposits arises from the date of the occurrence of the insured event. An insured event is the revocation of a bank's license from the Bank of Russia to carry out banking operations in accordance with Art. 20 of the Law “On Banks and Banking Activities”, in which case the insured event is considered to have occurred with day of revocation bank licenses. In addition, an insured event is the introduction by the Bank of Russia of a moratorium on satisfying the claims of bank creditors. The bank in respect of which an insured event occurred is obliged to ensure the formation of a register of liabilities based on the accounting of the bank’s obligations to depositors and, within seven days from the date of the occurrence of the insured event, submit the register of liabilities to the Agency. The register of liabilities is formed at the end of the operating day, which determines the moment of occurrence of the insured event.
Payment of compensation for deposits is made by the Deposit Insurance Agency in accordance with the register of the bank's obligations to depositors, within three working days from the date the depositor submits documents to the Agency, but not earlier than 14 days from the date of the insured event. The Agency weekly reports to the bank in respect of which the insured event occurred information about the depositors of this bank who received compensation for deposits, about the amounts paid by the Agency, as well as about deposits for which compensation for deposits was carried out.
To receive insurance compensation, the investor must submit the following documents:
- application for payment of compensation for deposits in the form established by the DIA;
- a document certifying the identity of the depositor, the details of which are specified in the bank deposit agreement, or a document certifying the identity of the depositor and containing information about the details of the document certifying the identity of the depositor specified in the bank deposit agreement;
If the identification document submitted by the depositor does not contain information about the details of the document specified in the bank deposit agreement, the depositor must submit a certificate issued by the authorized body that issues and replaces identification documents confirming the replacement of the document. When replacing an identification document due to a change in the surname, first name, patronymic of the depositor, the depositor submits a document confirming the change of surname, name, patronymic, issued by the authorized body.
When a minor investor aged fourteen to eighteen years applies for payment of insurance compensation, in addition to the above documents, a notarized written consent of the legal representatives (parents, adoptive parents, guardian) must be submitted for the minor to independently submit such a claim. Legal representatives of the depositor can apply for insurance compensation, and the following documents must be additionally submitted:
1) for a minor under 14 years of age (minor) and a minor (aged 14 to 18 years) investor:
- birth certificate of a minor (young) investor - for parents;
- birth certificate of a minor (minor) investor; adoption certificate - for adoptive parents;
- birth certificate of a minor (minor) investor; decision of the guardianship and trusteeship body to appoint a guardian (trustee) for a minor (minor) investor - for guardians and trustees;
2) for those recognized as incompetent (not fully capable) - an identification document of the depositor; decision of the guardianship and trusteeship authorities to appoint a guardian (trustee) for an investor recognized as incompetent (not fully capable);
3) for the depositor’s representative - a notarized power of attorney, which must contain the details of the depositor’s identity document specified in the register. A power of attorney issued outside the territory of the Russian Federation must have an apostille, or it must be legalized by a diplomatic mission or consulate of the Russian Federation. A power of attorney and apostille drawn up in a foreign language must be accompanied by a translation into Russian, the accuracy of which is certified by a notary who speaks the appropriate language. If the notary does not speak the relevant language, the translation can be made by a translator, whose authenticity of signature is certified by the notary;
4) for the heir (heirs) of the investor - one of the specified documents:
- certificate of right to inheritance;
- death certificate of the depositor (if the deceased depositor made an order to issue a deposit in the event of death before 03/01/2002);
- a copy of the court decision (with a note about its entry into legal force) or a writ of execution on the inheritance of the property of a deceased investor by the applicant;
- the right of the surviving spouse - a certificate of ownership of a share in the property that was jointly owned by the spouses issued by a notary;
5) for the executor of the will - a certificate issued by a notary to the executor of the will.
Identification documents and other documents submitted must be valid and presented in the original or a copy certified in accordance with the legislation of the Russian Federation.
2. According to Part 2 of the commented article, the right to claim on deposits can be transferred by the depositor under an agreement of assignment of the claim (assignment) to another person. The right (claim) belonging to the creditor on the basis of an obligation may be transferred by him to another person under a transaction (assignment of the claim) or transferred to another person on the basis of law. The right of the original creditor passes to the new creditor to the extent and on the conditions that existed at the time of transfer of the right (unless otherwise provided by law or agreement). In particular, the rights, as well as the right to unpaid interest, are transferred to the new creditor. However, the commented Law introduces a restriction according to which a person, acquiring the right to claim a deposit from a depositor, has no right to insurance compensation. Only the investor and his heirs have the right to insurance compensation.
The heir of the deceased investor has the right to insurance compensation if he has a document on the right to inheritance. The rights to funds contributed by a citizen to a deposit or located in any other account of a citizen in a bank may be bequeathed to heirs at his discretion. Inheritance is carried out by will and by law, in the absence of a will. The bank pays the deposit (part of the deposit) to the heir of the account owner on the basis of:
- a corresponding certificate of the right to inheritance;
- permission from the notary for the heir to receive part of the testator’s contribution;
- By the tribunal's decision.
Heirs by law are called upon to inherit in order of priority in accordance with Art. 1142 - 1145, 1148 Civil Code of the Russian Federation. The heirs of the first priority according to the law include the children, spouse, parents (adoptive parents) of the testator. When inheriting, the property of the deceased (inheritance) passes to other persons in the order of universal succession, that is, unchanged as a single whole. Citizens who are alive on the day of opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, can be called upon to inherit.
In this regard, it should be noted that if the testator was married, then the funds in the deposit are jointly acquired property of the spouses. Property acquired by spouses during marriage is their joint property in equal shares. The common property of the spouses also includes deposits made to credit institutions, regardless of the name of which of the spouses and by which of the spouses the funds were deposited (Article 34 of the RF IC). The investor's spouse has the right to half of the funds in the deposit, the remaining half is inherited by other heirs. Furthermore, in accordance with Art. 1149 of the Civil Code of the Russian Federation, there are heirs who have the right to an obligatory share in the inheritance. These include: the testator's minor or disabled children, his disabled spouse and parents, as well as the testator's disabled dependents inherit, regardless of the contents of the will, at least half of the share that would be due to each of them upon inheritance by law.
The Civil Code of the Russian Federation provides for two ways to transfer funds to heirs: like any property in accordance with Art. 1124 - 1127 of the Civil Code of the Russian Federation or by committing testamentary disposition in the bank branch where the deposit is located. A testamentary disposition of rights to funds in a bank must be personally signed by the testator, indicating the date of its preparation, and certified by a bank employee who has the right to accept for execution the client’s orders regarding the funds in his account. Rights to funds in respect of which a testamentary disposition has been made in the bank are included in the inheritance and are inherited on a general basis. These funds are issued to heirs on the basis of a certificate of inheritance.
It should be noted that cash deposits in the bank, in respect of which testamentary dispositions were made before 03/01/2002, are not included in the estate and can be received by the person specified in the testamentary disposition upon presentation of the death certificate of the depositor. If a testamentary disposition is made after 03/01/2002, the rights to the monetary contributions in respect of which the testamentary disposition is made are included in the estate.
If the testator wants the funds from his account to be distributed to several heirs after his death, then in the testamentary disposition he indicates to whom what share is bequeathed. Funds bequeathed to several persons without indicating the share of each are issued to all these persons in equal shares. The testator has the right to indicate in the testamentary disposition another person to whom the contribution should be given if the person in whose favor the funds are bequeathed dies before the testator himself or submits an application for refusal to accept the bequeathed funds, as well as in other cases provided for in Art. 1121 Civil Code of the Russian Federation. If the person in whose favor the order is made died before the depositor, then the contribution is included in the general inheritance mass and passes to the heirs in the general manner.
The testator may provide in a testamentary disposition the conditions for the issuance of the deposit (for example, payment to the person to whom the deposit is bequeathed, certain amounts within the time period established by the depositor, issuance of the deposit to the person after he reaches a certain age, etc.). In addition, the testator has the right to change or cancel a testamentary disposition by executing a notarized will, which specifically indicates the cancellation or change of a specific testamentary disposition, or a notarized separate order to cancel a testamentary disposition, one copy of which must be sent to the bank.
In the event of the death of the testator, the notary sends a request to the bank (attaching a certified copy of the testator's death certificate) with a request to confirm the fact of certification of a specific testamentary disposition by a bank employee and the fact of its cancellation or change. The response to the request is signed by the head of the bank with a stamp and sent to the notary within a month. If a copy of the testator's testamentary disposition is attached to the request, the response to the request may be stated under the text of this testamentary disposition.
Payments on the testator's contribution are issued on the basis of a certificate of the right to inheritance under the law, a certificate of the right to inheritance under a will, or another document confirming the right to inheritance.
3. In accordance with part 3 of the commented article, when inheriting the right of claim on a deposit by several heirs, each of them acquires the right to a part of the unpaid insurance compensation in an amount proportional to the size of the acquired right of claim for each deposit. The will of the investor-testator determines the shares of the heirs; if inheritance is carried out by force of law, then the shares of the heirs are determined according to the norms of the Civil Code of the Russian Federation in order of priority.
Inherited property, which is in common shared ownership of two or more heirs, can be divided by agreement between them. Upon submission of a notarized contract (agreement) on the division of the inheritance deposit between the heirs, the bank must pay the deposit of the deceased depositor to the person specified in the contract (agreement). Payment of part of the deposit of the deceased investor is also made upon presentation of a certificate of ownership of the share in the common property of the spouses, issued by a notary office to the surviving spouse, or a court decision on this issue. The rest of the contribution is issued to the heirs on the basis of a certificate of the right to inheritance or a contract (agreement) on the division of the inheritance contribution, and in the presence of a testamentary disposition - to those persons indicated in it. The submitted certificate of the notary's office or a copy of the court decision that has entered into legal force remains at the bank's establishment.
The testator's minor or disabled children, his disabled spouse and parents, as well as the testator's disabled dependents who are subject to inheritance, inherit, regardless of the contents of the will, at least half of the share that would be due to each of them upon inheritance by law (mandatory share). The right to an obligatory share in the inheritance is satisfied from the remaining untested part of the inheritance property, even if this leads to a reduction in the rights of other heirs under the law to this part of the property, and if the untested part of the property is insufficient to exercise the right to an obligatory share - from the part of the property that is willed .
It should be noted that heirs of the same line inherit in equal shares, with the exception of heirs who inherit by right of representation. The heirs of the first priority according to the law are the children, spouse and parents of the testator, the grandchildren of the testator and their descendants inherit by right of representation. If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half-blood brothers and sisters of the testator, his grandparents on both the father's and mother's sides. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half-blood brothers and sisters of the testator's parents (uncles and aunts of the testator).
The share of an heir by law who dies before the opening of the inheritance or at the same time as the testator passes by right of representation to his respective descendants and is divided equally between them.

Article 10. Procedure for applying for compensation for deposits

1. The depositor or his representative has the right to apply for insurance compensation to the agent bank specified by the DIA within the time frame established by the commented Law (from the day the insured event occurs until the day the bankruptcy proceedings are completed or until the day the moratorium ends). The DIA pays compensation for deposits independently or through agent banks acting on its behalf and at its expense. The selection of agent banks, as well as their interaction with the DIA, is carried out in the manner established by the regulatory documents of the DIA.
Payment of compensation is made in the currency of the Russian Federation and can be made either in cash or by transferring funds to the bank account specified in the depositor’s application. Payment of compensation in cash is made through the Agency's cash desk, by postal order, or through an agent bank. Payment of insurance compensation by postal transfer is made within the Russian Federation to depositors living or temporarily staying outside the populated areas where compensation for deposits is paid.
The agent bank authorized by the DIA to issue insurance payments must consider applications from depositors no later than the business day following the day they are received by the agent bank, subject to receipt of the register from the DIA. Payment of compensation is carried out in accordance with the register in rubles in cash or by non-cash transfer to the bank account specified in the application, without deduction of commission or other remuneration. Reimbursement by postal order will not be paid by the agent bank. The agent bank must pay the insurance compensation no later than:
1) one business day following the day the agent bank received an application for payment of compensation in cash from the depositor;
2) three working days from the date of receipt by the agent bank from the depositor of an application for payment of compensation by non-cash transfer to the bank account specified in the application;
3) three working days from the date the agent bank received an application from an applicant who is not a depositor.
In addition, the agent bank must inform depositors of the list of its branches, their addresses, operating hours and capacity during the period of payment of compensation. The depositor may be refused payment of compensation and provision of an extract from the register in the following cases:
1) absence of information about the depositor in the register;
2) failure to provide or provision of improperly executed documents;
3) failure to provide the agent bank with the DIA register.
In this case, the agent bank must provide the depositor with a written explanation of the reason for refusing to pay the refund.
The funds due to the depositor may be deposited with a notary by the Agency in the following cases:
1) if the applicant, having submitted to the DIA an application for payment of compensation for deposits, within a reasonable time did not apply to the Agency’s cash desk to receive the funds due to him or did not provide the details of the bank account to which the compensation should be transferred, or the address details for sending funds funds by postal order;
2) if the applicant, after receiving a notification from the Agency about the return of funds by the bank or postal operator, did not submit to the Agency within a reasonable time the updated bank account details (did not report another bank account) or address details (did not report another address) or did not make an offer on payment of compensation through the Agency's cash desk.
The decision to deposit funds into the notary's deposit is made by the Agency's board, a message about this is sent to the applicant by registered mail with notification or in another way confirming the fact and date of receipt, no later than three working days from the date of depositing the funds into the notary's deposit.
2. If a depositor or heir misses the deadline for filing an application, the deadline may be restored by decision of the DIA board in the following cases:
1) if filing a claim for payment of compensation for deposits was prevented by an extraordinary and unavoidable circumstance under the given conditions (force majeure). The following events should be understood as force majeure circumstances:
a) natural disasters - fires, earthquakes, floods, volcanic eruptions, heavy snowfalls or snow avalanches, other natural disasters that were long-lasting and prevented the depositor from exercising his rights;
b) circumstances of public life - a terrorist attack, military operations, strikes, revolutions, etc., interfering with free movement or causing consequences as a result of which the depositor was unable to make demands.
However, circumstances of force majeure release the investor from liability only if there is a cause-and-effect relationship between the event and the investor’s violation of the deadline (for example, injury as a result of military action; inability to move freely in conditions of prolonged flooding and lack of necessary means of transportation, etc. .);
2) if the depositor or his heir served in conscription or was in the Armed Forces of the Russian Federation transferred to martial law - for the period of such service or martial law. In accordance with Art. 38 of the Federal Law of March 28, 1998 N 53-FZ "On Military Duty and Military Service" duration of military service:
a) for military personnel called up for military service after January 1, 2008, is 12 months;
b) for military personnel performing military service under a contract - in accordance with the contract for military service;
3) if the reason for missing the deadline is related to the serious illness of the investor or his heir, the helpless state of the investor (his heir), the deadlines for the investor’s heir to accept the inheritance and other reasons related to the personality of the investor (his heir). A helpless state should be understood as a state when a person, due to his physical or mental condition caused by old age or physical disabilities, illness (mental, temporary loss or weakening of consciousness), could not exercise his rights. In some cases, the helpless condition is also the illiteracy of the depositor.
The application for reinstatement of the missed deadline shall indicate:
- information about the investor;
- information about the applicant and his right to apply for payment of compensation (if an application is submitted by a person who is not a depositor);
- circumstances in which the deadline for filing a claim for payment of compensation has been missed;
- a request to restore the missed deadline for filing a claim for payment of compensation.
The application must be accompanied by originals or notarized copies of documents confirming the circumstances to which the applicant refers in support of his request to restore the missed deadline. If the applicant is not a depositor, along with the application he must also submit documents confirming his right to make such an application.
When an application is received by the Agency, it is subject to registration in the manner established for registration of incoming correspondence. The application must be considered no later than 10 days from the date of its registration. This period may be extended by the Agency's board in the event of a request for additional documents from the applicant or third parties. A message about the results of consideration of the application is sent by the DIA to the applicant no later than the business day following the day the Agency’s board makes the corresponding decision. If the deadline for filing a claim for payment of compensation is restored, the depositor or another authorized person has the right to contact the DIA with a claim for payment of compensation. If the DIA Board refused to restore the missed deadline, this decision can be appealed in court.

Article 11. Amount of compensation for deposits

In accordance with the commented article, the amount of insurance compensation for the deposit depends on the amount of the deposit. In this case, insurance compensation will be paid only for those deposits that are insured in accordance with the requirements of the commented Law. For deposits that are not subject to the compulsory insurance system, insurance compensation is not paid. If the deposit was placed in foreign currency, the amount of compensation is calculated in rubles at the rate established by the Bank of Russia on the day the insured event occurred. The amount of insurance compensation is 100% of the deposit amount, but not more than 700,000 rubles.