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银行要尽可能完备地履行审慎义务,应主动与法院等有权部门沟通交流,理解和掌握协助扣划规定及其具体要求近年来,随着民事、经济纠纷案件的相应增多,通过商业银行查询、冻结、扣划被执行人的存款成为了人民法院开展执行活动的重要方式之一。面对日益频繁的协助工作,稍有不慎,银行就有可能面临被监管部门处罚或是被诉的法律风险。因此,了解相关法律法规,正确行使权利,及时履行协助义务,是银行防范因协助不当而产生法律风险的有效措施。本文结合一则案例,分析和探讨银行在协助法院扣划第
Banks should perform prudent and complete obligations as far as possible and should take the initiative to communicate with the competent departments such as courts to understand and grasp the assistance and deduction provisions and their specific requirements In recent years, with the corresponding increase in civil and economic disputes, commercial banks , Freezing and deducting the deposit of the executed person has become one of the important ways for the people’s court to carry out the execution of the activity. In the face of increasingly frequent assistance work, with some carelessness, banks may face the legal risk of being penalized or sued by regulatory authorities. Therefore, understanding relevant laws and regulations, exercising their rights correctly, and timely fulfilling their obligation of assistance are effective measures for banks to guard against legal risks arising from improper assistance. This article combines a case to analyze and explore the bank in assisting the court deduction