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不超过5万元无需公证已故存款人小额存款提取更便利_我的网站

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A | 人民网北京4月27日电（记者杜燕飞）为提升存款继承便利度，便利群众办理小额存款继承，近日，国家金融监督管理总局、中国人民银行联合发布《关于优化已故存款人小额存款提取有关要求的通知》（以下简称《通知》），自今年6月1日起正式实施。 HELENA, Mont. -- A federal judge in Montana is continuing to block enforcement of a law that puts restrictions on drag shows and bans drag reading events in public schools and libraries, saying Friday that the law targets free speech and expression and that the text of the law and its legislative history "evince anti-LGBTQ+ animus.”The preliminary injunction, granted by U.S. District Court Judge Brian Morris, prevents enforcement of the law while a lawsuit filed on July 6 moves through the court process. Morris heard arguments over the injunction on Aug. 28.In briefs, the state argued “the Legislature determined sexually oriented performances and drag reading events to be indecent and inappropriate for minors,” and potentially harmful. Protecting minors from divergent gender expression is not the same as protecting minors from obscene speech, attorney Constance Van Kley argued for the plaintiffs during the Aug. 28 hearing.Montana law already protects minors from exposure to obscenities, the plaintiffs argued.“The state hasn't argued meaningfully that the speech targeted by (the new law) — beyond the obscenity already regulated — is potentially harmful to children," the plaintiffs argued in court filings.The state is not trying to establish a new obscenity standard in regulating drag performances, Assistant Attorney General Michael Russell said during arguments over the injunction. “We're arguing that they're indecent and improper for minors only,” and that the state has an interest to protect minors from that kind of conduct, he said.“No evidence before the Court indicates that minors face any harm from drag-related events or other speech and expression critical of gender norms,” Morris wrote in granting the injunction.Morris had granted a temporary restraining order against the law in late July, in time to allow Montana Pride to hold its 30th annual celebration in Helena without concerns about violating the law.The judge said the way the law was written would “disproportionally harm not only drag performers, but any person who falls outside traditional gender and identity norms.” He said the law did not adequately define actions that might be illegal and appears likely to ”encourage arbitrary and discriminatory enforcement."The law seeks to ban minors from attending “sexually oriented performances,” and bans such performances in public places where children are present. However, it does not adequately define many of the terms used in the law, causing people to self-censor out of fear of prosecution, attorneys for the plaintiffs argue. The law also made Montana the first state to specifically ban drag kings and drag queens — which it defined as performers who adopt a flamboyant or parodic male or female persona with glamorous or exaggerated costumes and makeup — from reading books to children in public schools or libraries, even if the performances do not have a sexual element. The law does not define terms like “flamboyant,” “parodic” or “glamorous,” Morris said in July.Enforcement can include fines for businesses if minors attend a “sexually oriented performance.” The law also calls for the loss of state licenses for teachers or librarians, and the loss of state funding for schools or libraries, that allow drag reading events to be held. It allows someone who, as a minor, attended a drag performance that violated the law to sue those who promoted or participated in the event at any time over a 10-year period after the performance. Montana’s law is flawed — like similar laws in Florida and Tennessee that have been blocked by courts — because it regulates speech based on its content and viewpoint, without taking into account its potential literary, artistic, political or scientific value, Morris found in July.The U.S. Supreme Court in 1972 set guidelines to determine whether something is obscene: Whether the work appeals to the prurient interest — a degrading or excessive interest in sexual matters; whether it depicts or describes sexual conduct in a patently offensive way; and whether the work lacks serious serious literary, artistic, political or scientific value.Like many Republican-led states, Montana’s conservative lawmakers have passed other laws targeting transgender people. The state's law banning gender-affirming medical care for minors has been blocked by a state judge. Montana's Republican-controlled legislature also passed a bill to define sex as only “male” or “female” in state law. That law was challenged this week, with arguments that it blocks legal recognition and protections to transgender, nonbinary and intersex residents.“It is absolutely impermissible for the government to deny benefits to a group of people on the basis of their straightforward hostility to them,” said Van Kley. In the “male” or “female” sex case, “there is pretty substantial evidence that the intent was to target transgender people,” Van Kley added.。长期以来，根据相关文件规定，继承人提取已故亲属存款，须提交由公证机构出具的继承公证书，银行凭此公证书办理过户或支付手续费。2021年1月，原银保监会、中国人民银行联合印发《关于简化提取已故存款人小额存款相关事宜的通知》（以下简称18号文），取消了第一顺序继承人、公证遗嘱指定的继承人或受遗赠人提取已故存款人1万元以内存款的公证要求，并允许银行在1万元至5万元之间上调限额。国家金融监督管理总局、中国人民银行有关司局负责人表示，18号文出台以来，小额存款提取效率明显提高，群众负担切实减轻。同时，从多渠道了解到，存款继承和小额存款提取业务中还存在一些有待完善和明确的问题。为此，《通知》对18号文进行了优化，将简化提取的账户限额由最低1万元统一提高至5万元。考虑地区和机构差异，允许农村中小银行延后至2025年底达到该要求。

B | 能够简化提取的不仅仅只是存款。《通知》扩大了简化提取范围，将已故存款人的黄金积存产品以及国债、代销理财产品纳入简化提取范围。《通知》要求，对小额存款提取业务中常见的申请人提交的材料不齐全或不符合要求等情况，银行要一次性告知申请人相关要求。值得注意的是，《通知》明确，银行可以应第一顺序继承人要求，提供已故存款人死亡后以及死亡前6个月内的账户交易明细。

C | 对此，上述负责人表示，已故存款人银行账户交易明细记载着已故存款人生前的部分个人信息，并且可能涉及个人隐私，应当谨慎对待。但在现实中，也存在继承人在特定情形下查询已故存款人生前交易明细的合理需求。继承人合法、正当的查询需求应当得到满足。“为兼顾个人信息保护和继承人查询需求，依据《民法典》《个人信息保护法》等法律规定，经征求多方意见，我们在《通知》中明确了查询账户交易明细有关要求，以满足特定情形下的查询需求。

D | 为避免非必要、无限制查询，保护已故存款人个人信息和隐私权，《通知》对查询申请人和查询时限等作出规定。

E | ”上述负责人表示。此外，《通知》还明确丧葬费、抚恤金不计入5万元账户限额，可以全额简化提取。申请人可以通过适当方式，表明账户中资金属于丧葬费、抚恤金。银行通过核查交易信息和资金来源、申请人签署承诺书等方式确认资金性质，在保障资金安全的前提下，办理简化提取。现实中，存在已故存款人账户汇入丧葬费、抚恤金的情形。此前没有关于丧葬费、抚恤金提取的明确规定。“考虑到丧葬费、抚恤金在性质上与已故存款人生前存款不同，为便利群众，《通知》明确丧葬费、抚恤金不计入5万元账户限额，可以全额简化提取。