FAS wants to deforce banks of a right to change the levels of commissions without notice

The Federal Antimonopoly Service (FAS) insists on personal informing of clients by banks about commissions’ level and its change. So, in the near future banks will have to forget about additional incomes from commissions for transactions on clients’ accounts. But final decision on this question has to be made by the Supreme Court (SC).

As a reminder, earlier a dispute ran high between Sberbank (the Savings bank of the RF) and antimonopoly service of Tambov region as the result of complaints of bank clients about the deduction of commission by withdrawal of money from their accounts. In depositary contracts, signed in the 2000-2004 timeframe, these commissions were not specified, in contracts a client just agreed with some separately existing bank tariffs for transactions on accounts, which also changed from time to time. The Federal Antimonopoly Service Directorate (FASD) found, that Sberbank infringes upon interests of clients by its actions and abuses the dominant position in Tambov region, what he was fined for.

Sberbank, in its explanation, told the court that it cannot reach agreement with each client individually, in such case price conditions are the same for all. That is why, according to the opinion of the representatives of Sberbank, public placement of information about commissions on stands and in clients’ folders, in internet, as well as verbal informing about tariffs is an agreement with customers. And the sheer fact, that a client has applied to the bank for a service and signed documents, is the confirmation of familiarization with tariffs and compliance with them. However, courts of three instances took the side of FAS.

The decision, which will be taken by the highest instance, will be actual for all banks, because the practice of tariff books, existing separately from depositary contracts, is wide-spread.

Representatives of banks have already note, that addressed notice of clients will be connected with extra expenses for banks, in particular with costs for SMS-informing.

However, the experts notice, that banks will incur additional expenses first of all in the course of their activity on combating with illegal cash-out of funds. So, commissions for cash withdrawal via a cash desk are charged in most cases in first 14-30 days by cash withdrawal from an account, if they were posted to it in non-cash way. Such commission is fixed for the purpose of anti-money laundering, and its level makes up to 10%. With that a customer has always an opportunity to withdraw money via cash machine without commissions. Pretenses of FAS in the matter of Sberbank were exactly concerning money-laundering commissions.

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