Recently, "The woman who deposited 100,000 cash in the bank was asked about the source of the money" rushed to the first place in the hot search. According to media reports, a woman in Jiangxi posted on a social platform that she went to the bank with 100,000 yuan in cash to do a regular term, but after taking out the cash from the bag, the bank staff suddenly asked her, how much money to save, and where does the money come from?
According to the bank's staff, this is a bank rule, as long as the cash deposit exceeds 10,000 yuan, you must ask about the source of the money.
Most banks said that they only need to bring their ID cards and bank cards to the outlets for RMB deposits, and some banks said that some areas need to know the source of cash.
Banks have different implementation standards and some regions need to know where cash comes from
According to media reports, a woman in Jiangxi posted on a social platform that she went to the bank with 100,000 yuan in cash to do a fixed term, but after taking out the cash from the bag, the bank staff suddenly asked her, "How much do you want to deposit? Where does this money come from?"
The woman thought that the source of funds involved personal privacy, "I thought to myself, you don't care where my money comes from, don't you just do what I say? But I immediately sorted out my emotions and asked the staff, why are you asking this? No staff member has asked about cash deposit before. ”
The staff responded that this is the bank's regulation, and each customer who deposits money must ask about the source of the money as long as it exceeds 10,000 yuan in cash.
In the hot search comment area, many netizens expressed their understanding, "The teller also acts according to the process", "Ask, it's not that you won't be saved", "I'm afraid that you will be defrauded by telecommunications, it's all for your good"; Some netizens also felt uncomfortable, "Not only deposits, but now opening an account is the same as guarding against anything, I feel very uncomfortable"; Some netizens questioned, "Even if the money comes from the wrong source, will the depositors themselves say that it is illegal gains?"
In fact, last year, a woman in Huzhou, Zhejiang Province posted a video saying that she went to the bank to deposit 50,000 yuan in cash and was asked to provide proof of income and other materials, which also caused heated discussions on the Internet.
So, should we answer the question of the source of funds for depositing a large amount of cash? Is it meaningless to register the source of funds, how should banks consider it, and what is the basis?
According to the CCTV reporter consulted China Merchants Bank, Agricultural Bank of China, Industrial and Commercial Bank of China and other bank branches in Beijing, most banks said that RMB deposits only need to bring their ID cards and bank cards to the outlets.
The staff of China Merchants Bank said that if you deposit 100,000 yuan or more in cash, you can go directly to the bank counter to handle the deposit business; If you have more than 200,000 yuan in cash, you will be asked about the source of cash, but you do not need to provide relevant proof for the time being.
The staff of the Industrial and Commercial Bank of China said that at present, the bank has deposited 100,000 yuan or more in cash in Beijing, and there are no requirements to inquire about the source of cash and issue relevant certificates for the time being. "There were no requirements, just bring ID, bank card and money. ”
"There's no specific amount, just a brief understanding. The staff of the Agricultural Bank of China said, "There is no need to issue any certificates, you can clearly explain (the source of cash), some people may not be clear, they don't know how the money came from, and we will ask in detail about this situation." ”
According to the Daily Economic News, the customer service of the Bank of China said that regardless of region, RMB deposits only need to bring their ID cards and bank cards to the outlets.
"You don't need to provide a source of funds for any amount, you can just bring your ID card and card to the counter. The account manager of a branch of China Construction Bank in Chaoyang District, Beijing, said.
However, CCB's customer service said that some outlets will briefly understand the purpose because of the need for risk review.
The customer service of Agricultural Bank of China and Ping An Bank said that less than 50,000 yuan can be deposited directly, and if it is more than 50,000 yuan (including 50,000 yuan), only the ID card information needs to be retained for future reference.
A staff member of a branch of China CITIC Bank in Chaoyang District, Beijing, replied briskly, "No, just deposit directly." ”
The staff of the Postal Savings Bank, which is also located in Chaoyang District, also gave the same answer "no", and did not forget to add, "Don't believe anything on the Internet." ”
It is worth noting that some banks have also indicated that individual regions need to know where the cash comes from.
"According to Yin Fa [2020] No. 105, Hebei Province, Zhejiang Province (including Ningbo City) and Shenzhen City have successively implemented the policy of understanding the source of cash for large cash deposits. Other places do not currently require a source of funding, but ID is required for more than $50,000. ICBC telephone customer service said.
The customer service further explained that Hebei Province is more than 100,000 yuan, Shenzhen is more than 200,000 yuan, and Zhejiang Province (including Ningbo City) is more than 300,000 yuan, and it is necessary to understand the policy of cash source. For specific information to provide, it is recommended to contact the outlets in advance for verification.
So, something like "Even if the money comes from the wrong source, will the depositor say that it is illegally gained?" Is there any justification for questioning, and is it pointless to know the source of funds?
A staff member of a sub-branch in Shenzhen further explained the process of verifying the source of cash, "Just fill out a list and write it down." But if you are frequent, you should also ask for further information. ”
The regulator has issued relevant notices
According to the information on the official website of the central bank, on June 9, 2020, the People's Bank of China issued a notice on launching a pilot project on large-amount cash management. The notice said that in order to build a harmonious circulation environment, reduce the total cost of social cash circulation and prevent and control risks, it is necessary to strengthen the management of large amounts of cash, improve the level of cash services, and strengthen the guidance of the public to use large amounts of cash. In view of the different economic and financial conditions in various regions, the first trial in some regions is an effective way to promote large-amount cash management under the current situation, which is conducive to verifying the best operation plan under the premise of controlling risks, gradually promoting the concept of rational use of cash, and laying the foundation for the establishment of a long-term mechanism for large-amount cash management. The pilot will last for two years, first in Hebei Province, and then extended to Zhejiang Province and Shenzhen, and the state-owned commercial banks, joint-stock commercial banks, and postal savings banks in the jurisdiction will be implemented by the end of June 2021.
According to the notice, July 2021 to early 2022 is the evaluation and summary stage. The pilot bank assessment reports to the local pilot situation, and the head office of the People's Bank of China organizes a third-party assessment.
After the issuance of the notice, the branches of the central bank in the pilot areas successively issued detailed rules to implement specific plans.
It is worth noting that at the end of January 2022, the People's Bank of China, the former China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission jointly issued the Administrative Measures for Customer Due Diligence and Retention of Customer Identity Information and Transaction Records of Financial Institutions (hereinafter referred to as the "Measures"), which is scheduled to come into force on March 1, 2022. The Measures mention that if a commercial bank, rural cooperative bank, rural credit cooperative, village or township bank or other financial institution handles a single cash deposit or withdrawal business of more than RMB 50,000 yuan or the equivalent of more than US$10,000 in foreign currency for a natural person customer, it shall identify and verify the identity of the customer, understand and register the source or use of the funds.
However, soon after, the three departments issued an announcement on February 21, 2022, stating that the "Measures", which were originally scheduled to come into force on March 1, 2022, were suspended due to technical reasons, and the relevant business was handled in accordance with the original regulations.
Is it a privacy invasion or duty to ask where the source of funds is?
In response to the requirement to provide proof when making large deposits, Liu Xiaoyu, a senior partner at Beijing ZhongYin Law Firm, said that after February 2022, the implementation of the requirement that "customers must provide information such as the source of funds when the deposit amount reaches a certain amount" has been suspended.
At present, the risk level of the customer is the standard to measure whether the bank teller needs to know the customer's information, the higher the risk level, the more information the bank needs to know from the customer, and vice versa, the less information may need to know.
Liu Xiaoyu believes that the main purpose of asking customers for these capital information is to identify the customer's identity, conduct customer due diligence, and take corresponding anti-money laundering measures according to the risk level, which will help improve the efficiency of anti-money laundering, meet the needs of anti-money laundering, and maintain financial security.
The scope of information that bank tellers can verify customers can be traced back to the Administrative Measures for Customer Due Diligence and Retention of Customer Identity Information and Transaction Records of Financial Institutions jointly issued by the People's Bank of China, the China Banking and Insurance Regulatory Commission and the China Securities Regulatory Commission in January 2022. Article 10 of the Measures, which was originally scheduled to come into effect on March 1, 2022, clearly stipulates that if a commercial bank, rural cooperative bank, rural credit cooperative, village or township bank or other financial institutions handle a single cash deposit or withdrawal business of more than RMB 50,000 yuan or the equivalent of more than US$10,000 in foreign currency for natural person customers, they shall identify and verify the identity of the customer, understand and register the source or use of the funds.
However, on February 21, 2022, the People's Bank of China, the China Banking and Insurance Regulatory Commission and the China Securities Regulatory Commission issued another announcement, stating that the implementation of the Measures would be suspended due to technical reasons, and the relevant business would be handled in accordance with the original regulations.
The original provisions refer to the Administrative Measures for the Identification of Customers and the Retention of Customer Identity Information and Transaction Records of Financial Institutions issued in 2007, which does not stipulate the source and use of funds for such customers.
Liu Xiaoyu said that at present, we follow the content of the original regulations. The original provisions require verification of the name, gender, nationality, occupation, domicile, place of work, address, contact information, identity document or identification document of the natural person customer. For legal persons, other organizations, and individual industrial and commercial households, simple requirements are also made, such as name, domicile, business scope, organization code, tax registration number, business license, etc.
In addition, it also stipulates that for high-risk customers or holders of high-risk accounts, financial institutions should know the source of funds, the use of funds, economic conditions or operating conditions, etc., so as to strengthen the monitoring and analysis of financial transaction activities.
Liu Xiaoyu said that it cannot be said in general terms that the larger the customer's deposit, the more information should be learned, and it can only be said that in principle, there is a high probability that this is the case. The higher the risk level, the more information the bank needs to know from the customer, and vice versa, the less information the bank needs to know.
Therefore, generally speaking, financial institutions divide the corresponding risk level according to the characteristics of the customer itself, account attributes, and consider the region, business, industry, etc., and make timely adjustments on this basis.
In the case of high-risk customers, bank tellers will inquire about relevant information, which is fully in line with current regulatory requirements. However, under normal circumstances, if the bank does not have the exact customer risk level within the bank, it does not have the right to ask the customer for relevant information. If asked, it does violate current regulatory guidelines.
(WeChat public account "Caizhi Headlines" is synthesized from: Beijing Youth Daily, CCTV, surging news, daily economic news, etc.)
Editor: Bai Jing
Proofreading: Fenghua
Review: Gong Zimo