The company cannot dispose of its property due to the delay of the Deposit Guarantee Fund

In the process of liquidation of Concord Bank, situations have repeatedly arisen that violate the rights of the bank's clients. UNN has learned of another case where the company that owns the property cannot fully exercise its right.

As representatives of this company explained to UNN , the situation arose due to the delay of the Deposit Guarantee Fund, which has all the necessary powers to resolve it. At one time, the company took out a loan from Concord Bank secured by real estate. At the time the regulator announced the decision to liquidate the bank, the loan was fully repaid, and all encumbrances imposed under the agreement between the company and the bank should have been removed from the pledged property. However, after the company repaid the loan, the notary was not properly informed that the agreement was terminated, as all loan obligations were closed and the company was now free to dispose of its property.

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In August 2023, the company applied to the Fund with a request to lift the arrest and prohibit alienation of the real estate. Nevertheless, the company's real estate has been listed in the register of ownership rights to real estate with mortgage and prohibition encumbrances for 4 months, as the Deposit Guarantee Fund does not take the necessary actions to remove the encumbrances

Lawyers emphasize that this situation contradicts the principle of inviolability of property rights, which is guaranteed, in particular, by the Constitution of Ukraine and international legal acts. "The owner owns, uses, and disposes of his property at his own discretion. The owner has the right to perform any actions in relation to his property that do not contradict the law. Since August 1, 2023 (the day of the announcement of the liquidation of Concord Bank - ed.), the Deposit Guarantee Fund has not fulfilled its obligations to apply to a notary to lift the ban on the alienation of real estate, which is currently in force. The Fund's delay in lifting the arrest and prohibition of alienation of real estate leads to the fact that the company incurs significant losses, cannot conduct business activities, obtain a loan from another bank and provide collateral," the company explained and added that the relevant actions by the Fund should have been taken without any additional actions by the company.

It is the Fund that, after the debtor has fulfilled its obligations, is obliged to terminate the encumbrances imposed to fulfill the loan obligation by applying to a notary.

"As for the notary, the Fund has identified and announced the only notary with whom they cooperate and whose removal of the encumbrance is 3 times more expensive than a similar action by other notaries," the company added.

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