Client Identification
Ukrainian legislation opens wide possibilities for the good life in debt is not only experts in the dark schemes, but also ordinary citizens. Even a simple query in an Internet search engine on the subject of non-repayment of credit gives the official sites of companies offering such services. Their impressive list: "Take off with the arrest of property companies liquidate the company, exclude it from the Unified Register of organizations and enterprises of Ukraine ... "Such a service is in Ukraine, with absolute impunity, but like, on the conclusion of lawyers, should be suppressed by criminal law. After all, if the borrower does not return the debt, difficulties arise with other bank customers. K example, depozitoderzhateley.
in the loan portfolio of western banking system bad debts several times less than in Ukraine, according to financial specialists. Working with debtors, banks often make them of the problem in restructured. However, this is when customers do not pay because of the objective circumstances: financial crisis, natural cataclysm, etc. We are all more borrowers from the outset inclined not to return the debt.
Specialists sure: to recognize the intentions of customers at the beginning of cooperation is unrealistic. However, as soon as the circuit start to work, with high speed will become apparent the real motives of the debtors. On assurances CEO European Capital Management Vadim Brailovsky, the situation with mass downs worsens state banks, which forced many to write off bad debts, which leads to a decrease in their liquidity, and creates conditions for a II-nd wave of bank crisis.
Head of the Department of the same problem loans Ukrsotsbank Maxim Kiselev said that the activity of 10-ka-II-causes of financial frauds appreciable harm to tens of thousands of customers. Because banks have to be reinsured by transferring the risks of problem loans to other borrowers in the form of additional %.
mortgage maze
Ukrsotsbank faced with several schemes, which experts dubbed professional. Recent example - loan default Group of companies LLC Inteltrade. The story began back in 2007, but the real intentions of borrowers cleared only 2 years later, when "Inteltrade" and related General Loan Agreement Ltd Int-Agro "and" Icarus "to stop servicing a loan of 120 million hryvnia. The amount the bank is not critical, and even in the case total return, as assured bankers, it will not affect the liquidity of financial institutions. Because on loans made appropriate reserves, and the bank, while among the five largest in Ukraine and a member of an international group of Uni Credit Group, significant resources to aid liquidity.
But it's not that the multi-million dollar loan was problematic, and that such he evidently was planned. The assurances of its lawyers, "Alexeyev, Boyarchuk & Partners protecting the interests of the bank in the courts, "Inteltrade, get a loan, almost immediately launched a scheme to withdraw the property from the mortgage collateral. Guarantee of loan contract acted as a granary, located in Nikolaev and belonging "Inteltrade.
For h / r for several months after the transfer of the terminal in the mortgage borrower Ukrsotsbank without notifying the lender, and destroyed a barn and built a new one. A similar course of events, the assurances of counsel Sergei Alexeyev, constitutes a flagrant violation of the law "On mortgage". Naturally, the borrower might have been forgiven this very mistake if he built the terminal, told this Bank and introduced a new asset in the collateral. However, everything went according to different scenario.
First "Inteltrade" has made change the physical address of the new object. The decision of Nicholas' City Council acquired a new building the new address - street. Civil, 117 (instead ul. Dahl, 72). That's because the terminal dropped from the roster of the collateral, and owner managed submit it to the authorized capital of the company, "Eunice." Apparently in order not to "shine" scheme, transactions were concluded without the participation of a notary. The Borrower, the assurances of lawyers, used the legislative loopholes. The fact that the purchase and sale agreements are subject to a notary registration. Although until recently was a method to legitimize their c / o Court using art. 220 of the Civil Code which reads as follows: if the transaction is not registered by the notary, but it at least 1 of the parties met in part or all of its obligations, the contract can be legitimized by the courts.
Once, on the assertions of attorney Sergei Alexeyev, the courts mass considered such transactions. As a result, the Supreme Court to prepare an explanation, in any way allowed to spend on the 220-th article, only those contracts that are not subject to mandatory notarial register.
Although MAT explanation apparently did not affect the "Inteltrade, who managed to get 3 solution (to 220 th article) Economic Court of Nikolaev region. I-e legitimize a deal to transfer the new terminal to the authorized capital of the company, "Eunice." II-e confirmed the legality of the contract Sale of facility following the company - "Avery." Finally III-e solution, already then, as Ukrsotsbank to investigate everything, and c / o Supreme Economic Court overturned I-th solution of Nicholas Themis, confirmed the ownership of the terminal for the firm, "Eunice." As a "control shot" came another decree already Odessa Appeal Economic Court, which upheld the said "III-e" Nikolaev solution.
All attempts to contact "Inteltrade and get comments about that Trial delays were not successful. On the 3 rd of the 5 phones contained in the handbook for the company, the system Ukrtelecom answered that incorrectly dialed. More one replied auto parts store, and the 5 th just silent. If the company no. However, the assurances of lawyers Ukrsotsbank for trials representatives of the borrower still present. Unfortunately, litigation is closed to the media.
Partner yurkompanii "Alekseev, Boyarchuk & Partners Sergei Boyarchuk sure that the circuit output of the collateral mortgage facility, the use of "Inteltrade" is fraudulent and subject to criminal prosecution. He reminded that the Main Investigation Department of Ministry of Internal Affairs of Ukraine opened investigation into the illegal disposal of collateral. "Conduct investigative actions, the investigators went to Nikolaev, conducted interrogations, searches, papers were seized. By the way, Ltd. Inteltrade has already responded to the inquiry and submitted a complaint with the Prosecutor General's Office. First taking the matter to themselves and understand the issues, Prosecutor General's Office returned the case to the GUS, upheld the decision of a criminal case against Inteltrade "- the lawyer said.
duty will still be repaid
At the conclusion of lawyers, there is every reason to expect the objective resolution of difficulties. Probably, the borrower will have to sign a settlement agreement with the lender, taking into account the fact that interest on the loan regardless of the investigative, judicial and other things, continue to accrue under the terms of the contract.
lawyers argue that in practice the problem of repayment of bank debt, there are examples where the debtor has regained financial institution and the body of the loan and interest, almost losing the property, acting pledge. Settlement agreement is usually able to sign due to the creditor concessions. Because the bank does not hold any interest grain terminal or network restaurants, or anything else. For this reason finucherezhdeniya, more often, go on then to leave the property in the management of the debtor, handing it out. And restructure debt so that a problem borrower can continue to do business, to repay the loan and get their own profit.
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