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28/12/2024
Saturday
THIS DAY IN HISTORY:
28 December 
1970 the Novosibirsk Metro was commissioned.
1970 A public screening of the Lumiere Brothers Cinematography took place, the birth of cinema.
1970 The first chewing gum was patented in Ohio.
28 December
1970 the Novosibirsk Metro was commissioned.
1970 A public screening of the Lumiere Brothers Cinematography took place, the birth of cinema.
1970 The first chewing gum was patented in Ohio.
IF THERE ARE ML/FT RISKS, THE BANK MAY SUSPEND REMOTE SERVICE
LLC "Dari Dobro" filed a lawsuit against the Russian Agricultural Bank to recognize the actions of the bank in the person of the Tula branch of JSC "Rosselkhoznadzor" to suspend access to the current account through remote banking services of the plaintiff as illegal, as well as the obligation of the bank to resume "Dari Dobro" access to the current account through remote banking services in full.
Positions of the first instance and appeals
The court of first instance satisfied the claim in full, which the appellate instance agreed with.
The courts pointed out that the circumstances in connection with which the bank considers suspicious the transactions carried out on the plaintiff's account (insignificance, lack of transactions in other banks, insignificant tax payments, lack of business operations; the minimum number of staff and payment to a single employee of a salary in an amount lower than the payment established by the staffing table) do not lead to a conclusion about the presence of ML/FT risks. The courts noted that the coincidence of MAC addresses in itself is not proof of the questionable activities of the Plaintiff, if there are no questionable transactions.
The position of the District Court
The cassation did not agree with the position of the lower courts and annulled their judicial acts, refusing to satisfy the claims (Decision of the AC of the Central Court of December 15, 2023 in case No. A68-5947/22).
Forming its position, the court presented the following arguments:
In the case under consideration, the bank, based on the documents submitted upon request, found that the amount of the plaintiff's authorized capital slightly exceeds the minimum amount of authorized capital established by the law "On Limited Liability Companies"; transactions on the bank account are carried out in insignificant amounts; salaries to employees are not paid from the account, as well as related transfers on personal income tax (personal income tax) and insurance premiums; the founder of the client, his beneficial owner, the head, the person conducting accounting, coincide in one person; taxes and other mandatory payments are paid in insignificant amounts; payments are not made from the account within the framework of business activities (rent, utility bills, purchases of stationery, etc.); cash balances the account is missing or insignificant.
In addition, during the control of the identifiers of the devices from which customers accessed the automated system/software (DBO) for the purpose of money transfers, for the purpose of matching with the device identifiers of other customers, the Bank found a match between the MAC address of the plaintiff and the MAC addresses of a group of customers, among which one person's access to the DBO is limited by the bank.
After analyzing the documents submitted by the plaintiff, the bank classified the client as a high-risk ML/FT client, and therefore suspended the provision of remote maintenance services and the execution of expenditure transactions on the client's account.
Photo: Freepik
Positions of the first instance and appeals
The court of first instance satisfied the claim in full, which the appellate instance agreed with.The courts pointed out that the circumstances in connection with which the bank considers suspicious the transactions carried out on the plaintiff's account (insignificance, lack of transactions in other banks, insignificant tax payments, lack of business operations; the minimum number of staff and payment to a single employee of a salary in an amount lower than the payment established by the staffing table) do not lead to a conclusion about the presence of ML/FT risks. The courts noted that the coincidence of MAC addresses in itself is not proof of the questionable activities of the Plaintiff, if there are no questionable transactions.
The position of the District Court
The cassation did not agree with the position of the lower courts and annulled their judicial acts, refusing to satisfy the claims (Decision of the AC of the Central Court of December 15, 2023 in case No. A68-5947/22).Forming its position, the court presented the following arguments:
In the case under consideration, the bank, based on the documents submitted upon request, found that the amount of the plaintiff's authorized capital slightly exceeds the minimum amount of authorized capital established by the law "On Limited Liability Companies"; transactions on the bank account are carried out in insignificant amounts; salaries to employees are not paid from the account, as well as related transfers on personal income tax (personal income tax) and insurance premiums; the founder of the client, his beneficial owner, the head, the person conducting accounting, coincide in one person; taxes and other mandatory payments are paid in insignificant amounts; payments are not made from the account within the framework of business activities (rent, utility bills, purchases of stationery, etc.); cash balances the account is missing or insignificant.
In addition, during the control of the identifiers of the devices from which customers accessed the automated system/software (DBO) for the purpose of money transfers, for the purpose of matching with the device identifiers of other customers, the Bank found a match between the MAC address of the plaintiff and the MAC addresses of a group of customers, among which one person's access to the DBO is limited by the bank.
After analyzing the documents submitted by the plaintiff, the bank classified the client as a high-risk ML/FT client, and therefore suspended the provision of remote maintenance services and the execution of expenditure transactions on the client's account.
Photo: Freepik
21.12.2023
