1. The bank has no right to freeze the account.

Accounts can be frozen by departments such as the Public Security Law. In particular, the opening banks of other banks have no right to handle it.

1. Creditors claim that the court can freeze the creditor's rights through litigation.

Where a creditor claims a creditor's right, he may apply to the court for freezing the debtor's account through litigation.

Relevant regulations:

Notice of the People's Bank of China, the Ministry of Public Security of the Supreme People's Court and the Supreme People's Procuratorate on Inquiring, Freezing and Deducting Bank Deposits of Enterprises, Institutions and Government Organizations

Issued by: People's Bank of China/the Supreme People's Court/the Supreme People's Procuratorate/Ministry of Public Security

Document number: Yinfa [1993] No.356.

Release date:199365438+February 1 1.

Effective date:199365438+February 1 1.

Branches of the People's Bank of China in all provinces, autonomous regions and municipalities directly under the Central Government, and branches in cities under separate state planning; China Industrial and Commercial Bank, China Agricultural Bank, China Bank, China People's Construction Bank and Bank of Communications; Higher people's courts, people's procuratorates and public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government; Military courts and military procuratorates:

In order to maintain social and economic order, ensure strict law enforcement by judicial organs, and protect the legitimate rights and interests of the parties concerned, according to the provisions of relevant laws and regulations of the state, we hereby notify the people's courts, people's procuratorates and public security organs that they need to inquire, freeze or deduct the bank deposits of enterprises, institutions, organs and organizations through banks as follows:

I. Questions about inquiring about corporate deposits and consulting relevant materials.

When the people's court hears or executes a case, the people's procuratorate and the public security organ need to inquire about the bank deposits of enterprises, institutions, organs and organizations related to the case or consult relevant accounting vouchers, account books and other materials, and the bank shall actively cooperate. Inquirers must show their work permits or official documents and issue the Notice of Assistance in Inquiring Deposits issued by the people's courts, people's procuratorates and public security bureaus at or above the county level, and the bank president or other responsible persons (including the directors of urban branches, rural business offices and urban and rural credit cooperatives). The same below) after signing, the relevant business departments of the designated bank shall provide information and materials accordingly, and designate a special person to receive them. Inquirers are not allowed to borrow the original, and the required materials can be copied, reproduced or photographed, and stamped by the bank. The people's courts, people's procuratorates and public security organs shall keep confidential the information and materials provided by banks according to law.

2. About freezing unit deposits.

When the people's court tries or executes a case, the people's procuratorate and the public security organ investigate and deal with economic crimes, it is necessary to freeze a certain amount of bank deposits of enterprises, institutions and organizations directly related to the case. Notice of assistance in freezing deposits and work permit or official certificate issued by the people's court, people's procuratorate and public security bureau at or above the county level must be issued. After being signed by the President (Director) of the Bank, the Bank shall immediately freeze the funds according to the nature of the funds to be frozen. If the deposit in the bank account of the frozen unit is less than the freezing amount, the bank shall freeze the deposits that can be frozen in the bank account of the unit within the freezing period of six months until the freezing amount is reached.

When accepting the deposit of the frozen unit, the bank shall examine the name, account name, account number, amount in words and figures opened by the frozen unit in the Notice of Assistance in Freezing Deposits. If any discrepancy is found, the reasons shall be explained and the notice shall be returned.

If the frozen funds need to be thawed during the freezing period, it shall be based on the Notice of Deposit Thawing issued by the people's court, the people's procuratorate and the public security organ that made the freezing decision, and the bank shall not unfreeze them by itself.

The period for freezing unit deposits shall not exceed six months. If there are special reasons for the extension, the people's courts, people's procuratorates and public security organs shall go through the formalities for continuing the freezing before the expiration of the freezing period. The maximum period of each freeze shall not exceed six months. Failing to go through the formalities of continuing to freeze within the time limit, it is deemed to be automatically unfrozen.

If the people's courts, people's procuratorates and public security organs make mistakes in freezing bank deposits of units, they shall promptly correct them and explain to the units that have frozen bank deposits.

If the frozen money is not illegal, interest shall accrue during the freezing period, and the interest shall be paid to the creditor when deducted; If it is illegal funds, no interest will be paid during the freezing period. If the freezing is wrong, the interest during the freezing period will be added when the freezing is lifted.

Three, about the deduction of unit deposits.

When the people's court hears or executes a case, the people's procuratorate and the public security organ respectively make decisions on exemption from prosecution, non-prosecution, dismissal of the case and closing of the case. When executing, the bank needs to assist in deducting the bank deposits of enterprises, institutions, institutions and organizations. A Notice of Assistance in Deducting Deposits issued by a people's court, a people's procuratorate or a public security bureau at or above the county level must be issued (with copies of legally effective judgments, rulings, conciliation statements, payment orders, disciplinary decisions or administrative punishment decisions of administrative organs, copies of decisions of people's procuratorates on exemption from prosecution, decisions on non-prosecution and revocation of cases, and copies of decisions of public security organs on handling criminal cases and filing reports).

When accepting the deduction of corporate deposits, the bank shall examine the name, account name, account number and amount in words of the executed unit filled in the Notice of Assistance in Deducting Deposits. If any discrepancy is found, or the copy of the legal document is missing, and the relevant contents of the copy of the legal document are inconsistent with the contents of the notice, the reasons shall be explained and the notice and the attached copy of the legal document shall be returned.

In order to make the bank deduct the unit deposit smoothly, the people's courts, people's procuratorates and public security organs should fully understand the payment ability of the executed unit from the bank when they need the bank's assistance to deduct the unit deposit, and the bank should provide truthful information. The people's courts, people's procuratorates and public security organs shall, after fully grasping the situation, determine the execution period realistically. If it is really difficult to implement it immediately, they may decide to reduce it or implement it in stages. Within the determined execution period, if the executed unit fails to execute it within the time limit without justifiable reasons, the bank shall deduct it immediately without delay as long as there are funds available in the bank account of the executed unit after receiving the "Notice of Assistance in Deducting Deposits". If there is no money or insufficient deduction on that day, the bank shall promptly notify the people's court, the people's procuratorate and the public security organ.

When there is money in the company account, deduct it as soon as possible.

Deducted funds, belonging to the repayment of bank loans, should be directly allocated to the loan bank for repayment of loans; The money belonging to the creditor's right paying unit shall be directly allocated to the creditor's right paying unit; For payments belonging to multiple creditor units, funds need to be deducted from multiple places to be returned or paid after the case is closed, which can be temporarily transferred to the temporary receipt or deduction account (excluding interest) of the general deposit account opened by the handling unit in the bank. After the recovery work is completed, it shall be returned or paid according to law; Money owned by the state shall be directly deducted and turned over to the state treasury.

4. About remote inquiry, freezing and deduction.

If the people's court, people's procuratorate or public security organ that made the decision to inquire, freeze or deduct is not in the same jurisdiction as the bank that assisted in execution, they can directly inquire, freeze or deduct the unit deposits from the bank that assisted in execution, without being restricted by the jurisdiction.

Five, about the freezing and deduction of military and armed police deposits.

In principle, the "special budget deposits", "special other deposits" and company accounts opened by the first-class security units of the army and the armed police force shall not take litigation preservation measures such as freezing and deduction. However, the remaining deposits of the military and armed police forces can be frozen and deducted.

Six, on the freezing and deduction of specialized banks, other banks and non-bank financial institutions in the People's Bank of China.

When the people's court tries an economic dispute or an economic crime case, the people's procuratorate and the public security organ need to execute the funds of special banks, other banks and non-bank financial institutions of the People's Bank of China for the investigation of economic crimes, they shall notify the executed banks and non-bank financial institutions to automatically execute them.

Seven, on the freezing and deduction of unit deposits in the case of problems.

When two or more people's courts, people's procuratorates and public security organs freeze or deduct the same deposit, the bank shall freeze or deduct it according to the first notice of assistance in execution. When assisting in execution, if there is any dispute over which organ should execute the notice of freezing or deduction, it shall be settled by the disputing organ through consultation or decided by its superior organ.

Eight, on the coordination and cooperation of various units.

The people's courts, people's procuratorates, public security organs and banks shall exercise their functions and powers according to law, perform their obligations of assistance and actively cooperate. When the people's court, the people's procuratorate and the public security organ have problems or disagree with the assisting bank, the bank personnel should not be detained, but should be submitted to the higher authorities of both parties for negotiation. Bank staff who, in violation of relevant laws and regulations, refuse to assist in the execution, transfer or unfreezing of frozen deposits without any reason, provide information for the parties concerned, and assist them in transferring or concealing property shall bear the responsibilities according to law.

Please implement the above provisions carefully.

If the previous provisions conflict with this clause, this clause shall prevail.