Lawyer: Companies-borrowers of Concord Bank may appeal against the inaction of the Guarantee Fund
Kyiv • UNN
Attorney Serhiy Lysenko commented on the possibility of appealing against the inaction of the Deposit Guarantee Fund by the borrowers of Concord Bank. He explained the administrative appeal procedure.
Companies that took out loans from Concord Bank as collateral for their deposits and have been forced to pay interest on their loans since the bank's liquidation began, without receiving any income from their deposits (which no longer accrue interest), may challenge the inaction of the Deposit Guarantee Fund. This opinion was expressed in a commentary to UNN by by lawyer Serhiy Lysenko.
If there are sufficient grounds, it is possible to appeal against the DGF's inaction. The appeal is made in an administrative manner. It is possible to send a lawyer's request to the DGF with a request to provide information on the status of consideration of applications and the deadline for making a decision. The response to the lawyer's request must be provided within 5 business days from the date of receipt of the request
UNN reported on companies that took out a loan secured by a deposit at Concord Bank, and with the start of the bank's liquidation procedure, continue to pay interest on the loan. The companies have repeatedly applied to the Deposit Guarantee Fund to restructure the interest on the loan or to withdraw the deposit to repay the loan. However, the situation has remained unresolved since August 1, when the NBU announced the liquidation of Concord Bank and revocation of its license.
Currently, the companies are studying the possibility of appealing to law enforcement agencies due to the negligence of the representatives of the Guarantee Fund . According to lawyers, it is the Fund that has legal grounds to solve the problem, which negatively affects the activities of enterprises, because the decision of the Fund will allow, in particular, to use the deposit secured by the loan to repay the loan.
In general, as Lysenko explains, there are general rules.
"To ensure the proper fulfillment of the Obligation arising from the Loan Agreement, the Pledgee shall transfer and the Pledgee shall accept as collateral in the manner and on the terms and conditions specified in this Agreement the Pledged Property owned by the Pledgor. The procedure for satisfying the pledgee's claims at the expense of the pledged item is determined in the relevant Agreement," the lawyer explains, specifying that the procedure for foreclosure and crediting the deposit as collateral is set forth in the pledge agreement.
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