Tuesday, November 29, 2011

Bankers are asked to protect

According to one of the sponsors of the bill deputy Yuriy Voropayev paper resolves three major sets of issues that hinder sleep as bankers and borrowers. The first of these - the technical changes necessary for an unambiguous interpretation of the rules of various laws and regulations applicable to figuring out who is who, what and for what reason should. The second block - greater responsibility for fraud to financial resources, in particular, for providing forged documents to obtain credit. "According to the actual Criminal Code, liability for fraud in the financial sector are only legal entities and physical persons-entrepreneurs, this time to finalize," - says Voropaev. And the third unit - the institution of bankruptcy. On the one hand, it is necessary to enable creditors to obtain all the information about the decisions of the courts of all instances of the bankruptcy of their debtors, on the other - to protect the banking system from attempting to natural persons-entrepreneurs use the bankruptcy procedure in the case of consumer credit. In addition, recalled MP, the bill prohibits foreign currency lending to the population, but allows the issuance of floating rate loans, while restricting the right of banks to impose additional fees or change their size in unilaterally. Banks also have the right to use the restructuring of a tool such as conversion of the loan amount at historical rates (the notorious 5.05). But do not forget that in this case, the borrower receives income that is taxable, so few of them agree to such a mechanism. Director of Legal Department, National Bank of Ukraine Viktor Novikov for his part stressed that the rule was not necessary to obtain a permit the board of trustees when getting a mortgage in any case does not mean that borrowers "will be expelled without trial, as long noisy inconsiderate journalists and unscrupulous policy. "Having the rules on the need to obtain permission from the state to ensure that the credits actually says that it (government) believes the parents of limited capability," - he was indignant. In this case, according to experts, the risk assessment by the bank for a loan much more rigorously conducted than by the care. But to evict the debtor of the mortgage housing continues to be possible only through the courts. Moreover, said Vladimir Lavrenchuk, make it virtually impossible, since the court decision must indicate exactly where to evict, and social housing in our country do not. "And I remind - the state will be evicted, and not the bank," - he said. At the same time, according to a banker, a categorical prohibition of foreign currency lending banks of natural persons would prefer to be replaced by a softer wording, or allowing a transition period, or time constraints and types of credit that will enable not be subjected to unnecessary risk, but use foreign exchange liquidity. Definitely it is a positive for the borrowers point is a ban on the prohibition of early repayment or additional fees if the borrower wants to pay off debts sooner by the contract deadline. Banks at this point, obviously not pleased. "We must plan for the financial flows over time and, roughly speaking, if a borrower to prepay the loan in order to pay less interest the bank will have an early return to the depositor a deposit by force, because the source disappears further payment of income" - explains Vladimir Lavrenchuk. In his view, the proposal there is a rational core, because it allows troubled borrowers refinancing and pay off old debts, and on the new pay in a more sparing mode, but it is not certain that this necessary rule of law. "A good borrowers and so will meet," - he said. By all accounts, the bill has a chance to pass in parliament and make life easier in the first place prospective borrowers, as it will provide an opportunity to avoid a lot of slippery moments and arrange many of the points on the many "i". Source: RBC-Ukraine

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