Due to the economical growth and the development of legal conscious in Russia statistics of corporate raids has gone down. The adoption of anti-raider laws hampered extremely such actions and almost reduced them to nothing. However, the crisis following the previous credit boom has brought new specific phenomenon: half-legal bank raid.
You must admit that fingers of two hands are enough to count all big credit organizations. And of course they always have their own interest. Once a debtor fails to pay interest in time and a bank has a right to demand total sum at once before appointed time: almost every bank has such condition in its contract. And there are cases when it has caused a crash of whole groups of companies and town-forming enterprises.
Of course, we don't accuse whole bank sector without grounds. But first of all a bank is people working there. It goes without saying, that every enterprise values its reputation and selects employees carefully; nevertheless dishonest workers are found sometimes. For example, some severe arbitrate litigation concerning recovery of bank credits led to institution of several prosecutions and dismissal of a few bank's top-managers. Such persons can pass information about where one or another business gets credit from. And this is dangerous just because further actions assume absolutely legal character. There are credit relationships, pledge contracts are concluded, contracts of guarantee are signed. Spiteful person or ordinary competitor needs only buy the sum of rights of pledge even for the less amount of money than the company-debtor owes to the bank. And then he can declare to that company and its owners: «Now I am your creditor and everything is in pledge of mine». Further transfer of rights will be executed in accordance with civil legislature. Such situations can only worsen without state control. In the whole practice of “OURS” such cases takes considerable place.
Of course, we don't question the notion that debts should be paid and obligations should be fulfilled properly. However every single case of a credit has its special features and, if you consider them in the light of legal norms, you will see the difference, and it is often huge. Every specific case has its unique nuances and the main thing is to detect them in time and use them cleverly.
«OURS» Arbitration Law Firm works on the following cases:
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