The Deposit guarantee Fund of individuals (fgvfl) does not recognize the assignment of the loans to the Bank Mikhailovsky financial companies Galaxy and Fagor. This writes FinClub.
“The Higher administrative court of Ukraine (SACU) on January 12, puts the point in the assignment requirements for loans to individuals the Bank Mikhailovsky. The factoring agreement between the Bank Mikhailovsky and financial company Galaxy of may 19, 2016 is still negligible. First, the Administrative court does not consider the issue on the merits, but only on procedure. Also, in accordance with the decisions of the Supreme court of 16 February and 15 June 2016 to disputes arising on liquidation (bankruptcy) of the Bank is not subject to the jurisdiction of administrative courts. The final decision may be rendered by the economic court or court of General jurisdiction on the merits of the question of nullity,” – said in the DGF.
The Foundation also draws attention to the fact that during the process there has been a lot of flagrant violations which influenced the objectivity and legality of the decision. Given this, the guarantee Fund is preparing a statement on appeal of the decision of SACU in the Supreme court of Ukraine.
“Factoring agreement, which was concluded between the Bank and the Mikhailovsky company Galaxy may 19, today is insignificant in accordance with the order of the authorized person for liquidation of the Bank Mikhailovsky, A. Yu., Volkova. 31 January 2017 to the Appellate administrative court will examine the complaint and the Bank Deposit guarantee Fund decision of the administrative court about recognition illegal of this order. In the case does not address the fact of nullity, but only disputed the document that these facts are defined. Moreover, this situation is the subject of investigation in a criminal case, in production of Prosecutor’s office of Kiev”,- said the Fund.
Considering the above, the DGF recommends that borrowers, credit agreements which were assigned, to await a final court decision on who owns the right requirements for loans.
Also, only after the full and final court decision on nullity of a decision will be made regarding the funds that were received on savings account Bank Mikhailovsky in satisfaction of the obligations.