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Concerning the refusal of banks to grant loans to legal entities

Concerning the refusal of banks to grant loans to legal entities

According to Art. Art. 47, 49 of the Law of Ukraine "On banks and banking activity" under the credit operations, in particular, means placing attracted funds on its behalf on its own terms and at its own discretion. Furthermore, that clearly anticipated the possibility of placing funds on their own discretion of the mentioned standards provide for this type of banks as their right, but not an obligation.
Moreover, the bank is a separate legal entity with special status, which is engaged in commercial, rather than banking activities and is guided Ukrainian legislation.
Therefore, raising the question, which legitimately can be the banks for refusing to issue a credit entity should be clearly distinguished, or is Bank has already defined its creditors. It is understood, or there is between them have a certain credit agreement, a one-time or on an entire line of credit.
If such an agreement does not, then come into general principles of the Civil Code of the right rank, which indicates that it is based on voluntary and equality. You can not force the bank to conclude a loan agreement, if he does not want. Indeed, in Ukraine there is no particular monopoly on the subject.
If, however, between the bank and the entity already exists a credit agreement, then these relations are governed by Art. 1056 the Central Committee of Ukraine, which provides grounds for refusal lender (bank) of the loan. Among these reasons is a violation of procedure of recognition of the borrower's bankruptcy, and others grounds, which clearly indicate that providing a loan to a borrower in a timely manner will not be rotated.
Also, the bank (lender) may waive the loan if the borrower filed targeted use of credit.
In the case where the grounds are as defined above, no, but the bank still refuses to grant a credit illegally, then each entity has the right to apply to court for the protection of the excited right under the credit agreement.
Of unlawful bank's refusal to issue the loan can be many, among them the famous Resolution of NBU 319. But in this case, the illegality is only because the decision not gained legal force, according to the order of state registration of normative acts in Minyuste. If she won normative force, then the restriction of lending, it would have been perfectly legitimate. After all, the NBU, according to Art. 25 of the Law of Ukraine On the National Bank of Ukraine has the right to a credit regulation.
Concerning the question whether banks to stop funding entities to have open lines of credit, it should be noted that similar governed by Art. 1056 Central Committee of Ukraine, where there are three reasons: the bankruptcy of the borrower, other circumstances of the possibility of delays in the return credit, misuse of credit.


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