Banking secrecy. Just about the complex

Surely, many of us regularly use the most diverse services of commercial banks. Some customers prefer to keep their money savings in credit institutions, others trust their values (safe deposit boxes), others become borrowers, so that they can purchase the object of cherished dreams in return for interest. Plastic cards for convenient use of wages, various services, urgent transfers with the opening of a personal account or without it-now every bank is trying to offer its customers something new and to create healthy competition for the "giants" of this sector. Of course, there are enough nuances here too. But every client of a credit institution should take into account such a feature as bank secrecy. What is concealed in this concept, and what guarantees, as well as problems, are acquired with him by a person serving in this sphere?

To begin with it is necessary to differentiate at once such definitions, as a commercial and bank secret. The first, in fact, is a broader concept than the second. In some sources, one can even find such an interpretation, which defines the secret of credit institutions as one of the varieties of commercial organizations. However, this is not entirely true. Bank secrecy is the law for these institutions, on the basis of which all representatives of the organization are obliged to store all information on their clients that they have on their hands without access to it by third parties, even if the information is not of particular value.

As in most such cases, there are exceptions to the rules. Sometimes a bank simply has no right to refuse to certain organizations in providing information that concerns customers. Such institutions are, first of all, representatives of state bodies. However, for such a procedure, a good reason is necessary to justify the deletion. For example, the complicated, confusing or suspicious nature of a financial transaction performed by a client in the event that its amount is equal to or exceeds 600 thousand rubles. In this case, the laws on banks imply mandatory control of the transaction. This is done in order to prevent financing by commercial organizations of terrorist communities, as well as money laundering.

Bank secrecy implies the provision of information on all accounts, as well as amounts received by the institution for storage in accordance with the terms of the concluded deposit agreements, to a narrow circle of persons. As in the case of individuals and legal entities, all information can be provided only to clients, their official representatives, trustees, judicial bodies, as well as to insurance companies and representatives of preliminary investigation bodies in criminal and administrative cases (there must be consent of the prosecutor) .

If the holder of a deposit or an account of a different nature dies, then in such a situation the bank secrecy has the following features. If there is a written will (notarized or issued directly by the credit institution), the persons indicated in this document can receive all the necessary information. To do this, they will need to show proof of identity. In addition, information is received without any violation of the law at the full disposal of the notary. For this, the office will have to make a request. In this case, the employee of the bank, responsible for the fulfillment of these obligations, makes a response on the letterhead of the institution. The information should fully answer all the questions stated on the request.

If it is a question of non-residents (persons having foreign citizenship), then banking secrecy implies the provision of all the necessary data to consular institutions.