The national Bank of Ukraine (NBU) lost the right to recover from the owner of Imeksbank Leonid Klimov more than 300 million UAH of financial surety. It is reported FinClub.
The court of appeal of the Odessa region July 15 quashed the decision of seaside district court of Odessa on March 16, according to which the NBU was granted the right to recover from Leonid Klimov arrears of IMEXBANK stabilization loan on 300 million UAH, interest and penalties (9,85 million UAH), as well as the court fee (4.65 million UAH).
Stabilization loan IMEXBANK received 28 November 2014. May 27, 2015, the Bank revoked the license. Leonid Klimov was entrusted to the NBU for this loan all of its assets. October 13, 2015 it received from the NBU, the requirement to pay debt, but not paid. Primorsky district court of Odessa defended the violated interests of the state, restoring funds to the state budget, as well as the interests of the affected creditors IMEXBANK,” said the court.
However, the court of appeal decided that the MP should have nothing to NBU. In article 559 of the Civil code States that the guarantee stops after the term specified in the contract. If such period is not selected, the guarantee expires if the creditor within six months from the date of occurrence of the due date of the principal obligation is not a claim to the guarantor. The day of the beginning of procedure of liquidation of the Bank is considered the onset time of performance of all monetary obligations of the Bank. So from 27 may 2015, the NBU received the right to make demands.
The NBU submitted the requirement Leonid Klimov during this six-month period (October 13), but because the surety was not fulfilled, the Bank filed – 6 Jan 2016. But this date is not already included within the specified six-month period. “So even if within the validity period of the guarantee has been claimed, and the surety has not fulfilled the requirements, the creditor has no right to claim, which was declared outside the bounds of the specified period, as with the termination of stopped substantive law,” reads the decision of the court of appeal. The last day of validity of the guarantee the court said, 27 Nov 2015.
The national Bank has appealed against this judgment.