“Lex uno ore omnes alloquitur” — law speaks to evereone with one mouth

Bank disputes

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.

Read further

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:

  1. On disputes of earlier termination of credit agreements and penalty, including the issue of the reduction of the penalty;
  2. On cases of disputes related to the enforcement of a pledge under the credit agreements;
  3. 3. On disputes about returning «hidden commissions» from the credit organizations;
  4. 4. On other types of disputes concerning insurance contracts and credit agreements, including:
    • coordination of all necessary contract documentation (Credit Contracts; Contracts on implementation of the obligations, including property rights as security for fulfillment of obligations, contracts of mortgage of property; contracts of guarantee, guarantees, letters of credit etc.);
    • legal advice on crediting, factoring, leasing operations, security transactions, including mortgage, mortgage, surety, Bank guarantee;
    • judicial analysis and evaluation of risks on the supposed client in certain borrowing schemes;
    • legal advice regarding proper execution of the obligations or other requirements, established by the contract or other documents;
    • protection of rights and interests of creditors and debtors in court in disputes concerning banking, financial law and investment law.
    • providing legal support and analysis of the concluded and planned to be concluded international loan agreements;
    • evaluation of investments: the profitability of investing in the project, the payback period of investment, the level of risks that may influence the result.
    • analysis of investments: the evaluation of the investment economic expediency, i.e. the approximation of absolute excess over the nested resources, the evaluation of the most effective investments among those in option;
    • analysis and commercial evaluation of investment projects;
    • legal support at all stages of investment project implementation, as well as advising on various issues of the current activity of the company after its completion.

If you need qualified assistance, our lawyers can:

  • give personal or written legal advice on banking services (Bank account contract, the contract of Bank Deposit, lending, mortgages, debt recovery, recovery of the violated rights, violation of the Bank's liabilities);
  • make legal expertise of documents on banking services (contracts, agreements, regulations and other);
  • make a claim, complaint, appeal to the Supervisory authorities and law enforcement bodies;
  • represent your interests and defend your rights at the stage when the disputes with banks are being solved in judicial order, prepare the claim documents, agreements, requests, carry out the negotiations competently, prepare petitions to supervising authorities;
  • if necessary, make and submit a statement of claim in court;
  • represent your interests in court through the banking disputes at all stages of judicial process;
  • save your time, reduce the financial and emotional expenses.

Hide text