How an individual entrepreneur can withdraw money from an account so that he is not blocked

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

In order not to be suspected of cashing funds, you need to pay with a card and not rush to receive bills.

Why accounts are blocked

There are no legal restrictions on cash withdrawal from a current account for individual entrepreneurs. But only in theory. In practice, entrepreneurs are prevented from doing this by the law aimed at combating money laundering and terrorism.

According to the lawyer of the European Legal Service Pavel Kokorev, banks can block operations that seem illegal to them.

According to the law, an individual entrepreneur, unlike a legal entity, can spend his money on any needs, including personal ones.

Because of this, the individual entrepreneur often appears in the cash withdrawal scheme. You can conclude a fictitious deal with an entrepreneur and transfer money to his account. He will also withdraw them in cash, which will be outside the zone of supervision of the tax service and law enforcement agencies.

As a result, this money can go both to pay salaries in envelopes and to buy explosives.

To prevent this from happening, suspicious account transactions are monitored. Now banks are involved in the chain, since it is easiest for them to track down if something went wrong. Or at least not the way it used to be.

If a financial institution considers the operation to be questionable, it has the right to freeze the movement of funds on the account and request documents from the client that can confirm its legality. Having not received the necessary papers, the bank sends data about this to Rosfinmonitoring.

There the situation will be analyzed again and a decision will be made to include the entrepreneur on the “black list”. Subsequently, this is fraught with the inability to open an account and receive service not only in the bank, where the dubious operation was revealed, but also in any other financial institution.

What can attract the attention of the bank

Please note: the wording "may attract" does not mean that your account will be blocked if you do any of the above. But lawyers advise avoiding such situations if you do not want to waste time bickering with the bank.

You are withdrawing an unreasonably large amount

You are an entrepreneur who provides small services and, accordingly, receives little money for them. Suddenly, amounts equal to the budget of a small island state begin to pour into your account, and you immediately take them off and put them somewhere.

Konstantin Bobrov Director of the Legal Service "United Center for Defense"

Transfer and withdrawal of a large amount, in terms of size not commensurate with the activities of the individual entrepreneur, will lead the tax authorities to suspicion. This is best avoided.

In the most high-profile case, confirming this practice, the figure of 56 million appeared. This is exactly how much the entrepreneur received from the customer company and tried to shoot everything at once. At the same time, such large amounts had never been credited to the account before, so the bank considered the operation suspicious, and the court supported it.

You withdraw money immediately upon receipt

If you withdraw cash within three to five days of receipt, this is suspicious. This is stated in the recommendations of the Central Bank. The operation looks dubious because the urgency is incomprehensible. The bank may want to check where the money comes from and what you do with it - maybe you give it to the person who launders the proceeds through you?

But this does not mean at all that you should in every possible way avoid cashing money on the day of transfer. We are talking specifically about situations when you perform such operations all the time.

Konstantin Bobrov Director of the Legal Service "United Center for Defense"

You are withdrawing cash in the amount of a little less than 600 thousand rubles

According to the law, banks are required to control certain transactions in excess of 600 thousand rubles. Therefore, the Central Bank believes that the regular withdrawal of amounts close to this, but not exceeding it, is a reason to be wary.

You pay nothing from your account

A bank card is a convenient payment instrument, so it looks strange if an entrepreneur's account is used only for cashing out money.

What to do in order not to fall under suspicion

Don't withdraw all the cash

If there is no urgent need to withdraw the entire amount from the account in full, do not do it. Let at least part of the credited funds remain on the account.

Wait 5 days after funds are credited

Since the Central Bank considers withdrawals within three to five days suspicious, it is better not to take risks and not withdraw money during this period.

Pay from your account

The card can be linked to an individual entrepreneur's account. Spend money directly, because as an entrepreneur, you can buy with these funds and materials for production, and products for the family.

If you withdraw money in order to put it on the card of another bank, because there you have a profitable cashback or interest on the balance, keep receipts for depositing money through an ATM, and ideally for spending from that account (at least for large ones).

Keep documents confirming expenses

Let's say you rented for several days in a row for 599 thousand rubles to buy a car for yourself, your wife, father and second cousin - you have the right. But you have to prove that you took the money to the car dealership, and not to the developers of nuclear weapons.

Pavel Kokorev Lawyer of the European Legal Service

Although it is not necessary to account for the withdrawn money according to the law, if the bank blocks the operation, you must have supporting documents.

Cooperate with the bank

If the bank has questions, do not ignore them. The sooner you provide documents explaining the movement of funds, the more chances to resolve the issue.