Legal Encyclopedia. Letter B

BANK SECRECY

- Information relating exclusively to customers of credit institutions. Information relating to the bank as a commercial organization, is protected in the manner provided for trade secrets. For information, component BT, includes information on the bank account and bank deposit account transactions and customer information.

A credit institution, the Bank of Russia, the organization carrying out the functions of the obligatory insurance contributions,

guarantee secrecy of transactions, accounts and deposits of its clients and correspondents. All employees of the credit institution required to keep secrets from about operations, accounts and deposits of its clients and correspondents, as well as other information set by the credit institution, if it is not against the law.

The Bank is obliged to keep secret not only on the account and the deposit operations, but also for other transactions of their clients, carried out on

based on other agreements: credit, leasing, factoring, etc.

Information constituting BT, can only be provided to the clients themselves and their representatives. Such information can be transmitted both orally and delivered in the form of written references. Public authorities and their officials indicated information can be provided only in cases and in the manner prescribed by law.

Information on transactions and accounts of legal entities and individuals engaged in entrepreneurial activities without forming a legal entity, issued by the credit institution by himself, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, bodies of the State Tax Service, the customs authorities of the Russian Federation in cases stipulated by legislative acts on their activities, and with the consent of the public prosecutor - bodies of preliminary investigation in cases under their consideration.

Information on accounts and deposits in the event of the death of their owners are issued by a credit institution to the persons specified by the account holder or the contribution made to the credit institution

testamentary disposition, notary offices located in their inheritance cases on deposits of deceased depositors, and in the case of foreign nationals accounts - foreign consulates.

The information on legal entities and citizens engaged in entrepreneurial activities without forming a legal entity and individuals granted by credit institutions to the authorized body responsible for combating legalization measures (laundering) of proceeds from crime.

The duty to preserve BT imposed on banks and other credit organizations on the accounts of their customers, as well as on the Bank of Russia correspondent accounts of credit organizations and its other clients.

The Bank of Russia and audit organizations with access to information making BT, during inspections of banks are obliged not to disclose information obtained during the audit.

For disclosure of BT Bank of Russia, the organization carrying out the functions of mandatory deposit insurance, credit,

audit and other organizations authorized by the body responsible for combating legalization measures (laundering) of proceeds from crime, as well as their officials and their employees are criminally liable. In the case of disclosure of bank information constituting a BT client, whose rights have been violated, may require the reimbursement of losses the bank. Clients - natural persons are entitled to demand compensation for moral damages and for the disclosure of BT under the contract of bank deposit, entailed a violation of their non-property benefits.