If the deposit is not returned , looking for the truth in court .
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At banks with the interim administration progressively moratorium ends to satisfy creditors' claims. More than a month ago it happened in the bank "National Credit" yesterday - in the "Ukrprombank." On the way - "Kiev" and "Nadra". For the ordinary investor end the moratorium means that bank no longer a reason not to give input. Yes, indeed, was not there before! "If the deposit agreement ended during the moratorium or depositor demanded the money back early, the bank has no legal grounds for refusal to return the investor money, "- explained a partner law firm Jurimex Bogdan Shapoval. But if the banks had "a cover" a moratorium on ordinary investors, the end of the moratorium would remove all questions from the calculations on any deposits if the bank allows for the delay - go to court! BEFORE Finish. Most of the moratorium prevented those depositors who have won a lawsuit against the bank. By law, during the stay with the bank can not recover the amount owed. Thus, the "Kiev" and "Ukrprombank" we were told because of the moratorium on issuance of judicial decisions deposits of these banks not implemented. Only the administrator "Rodovid Bank" Sergei told Shcherbina us that the bank spent on payment of court decisions. "Some people we pay interest to someone - a part of the deposit, someone persuaded to leave the contribution " - Said Mr. Shcherbina. Now, after the moratoria, the executive Service will apply to banks and to enforce court decisions. FIGHT TO BE READY! If you want to contribute back - get ready for court litigation. But first want to contact your bank statement with the desire to take deposit. It in a bank must mark the box on the adoption and printing. Then prepare a claim (on how to write statement of claim, read HERE). With him go to the district or the arbitral tribunal. Having the truth (It takes one to two to three months), get a court with decision yet and writ of execution, and have him go into executive service (They work at the district offices of Justice). Next is just wait gosispolnitel achieve the bank paying your contribution. On law, this procedure should take six months, but it can also heal. [ ,"],["http://i.domik.net/_xmlimg/xml_18d42fa0da9764c744c8ac039d4adfabd3ddbe90.png ] DEPOSITS MAY HOLD end the moratorium on satisfaction creditors' claims - does not guarantee that banks will be completely and complete return deposits to its customers. Take, for example bank "National credit "- a moratorium ended back there on June 18, and the contributions of the bank remains does not issue and practically does not pay interest. The same situation may occur and other banks. For example, in call-center is well-capitalized by the state Bank "Kyiv" we were told that payment of interest and contributions will begin no earlier late August - early September, while in the waiting room of the bank said they would pay money at the end of the moratorium (09.08.2009) and the decisions of the courts, although now the bank does not pay contributions. Whom to believe - it is not clear. "Ukrprombank" waiting for a decision of the Cabinet of the recapitalization, and admits that he there is no money to make payments to depositors, including those who have achieved the truth in court and appealed to the executive service. Given the number of depositors and the volume of deposits in the bank (6, 9 billion UAH.) one can guess that judicial decisions "Against" the bank's lot and all the money is not enough. The bank "Nadra" too prepared by the end of the moratorium (10.08.2009). They say that the bank developed a few scenarios, depending on when the bank restructures external debts and when the Cabinet decides to recapitalize the bank. Waiting Bank and the decision of the Verkhovna Rada of the possibility of extending the moratorium until the end the term of the temporary administrator - the bill with such amendments in a number of laws currently before Parliament. In the meantime, the bank plans to pay off depositors under the current program in April, on which the bank offers depositors a partial refund of deposits subject to renewal of the remainder for another term. If, however, did not give ... To arrest the property of the bank. This can ask the court in the first suit together with the requirement to collect from the bank deposit amount, or a separate suit after began enforcement proceedings if the fear that with the return of contributions may be a problem. "The arrest of the property greatly complicates the life of the bank, because this property can not be sold, nor lay, which is often very important in financial insolvency of the bank. This may force the bank to pay with the investor, who brings him a lot of problems, "- says Bogdan Shapoval of yurkompanii Jurimex. The arrest, by the way, will prevent the possibility of fraud with the property and increase the chances of return of deposit. Punish the ruble. Along with the claim can be calculated and require a bank to a penalty. Civilian Code allows the bank to require a 3% interest and compensation for loss of Inflation for the entire period of delay contributions, and the Law "On Payment Systems and translation money "- a penalty of 0, 1% of the amount of debt for each day of delay (But not more than 10% of the debt). Also, do not forget to ask lawsuit to compensate for legal fees. To declare bank insolvent. "The law allows investors, as well as other creditors, to initiate liquidation of the bank due to its failure, "- says Bogdan Shapoval. But do it can only be one contributor whose contribution is not less than 189 thousand UAH. (300 minimum wages) and only on the condition that the bank did not return the contribution within 6 months since the start of enforcement proceedings. In addition, the final decision - For the NBU. "In this lawsuit the judge will have to request the National Bank of Ukraine agreed on the desirability liquidation of the bank. If the conclusion is negative, the court will leave the claim without consideration, " - Explained the legal adviser of the company, "Shmarov and partners," Anna Panchenko. WHAT TO GO TO COURT: Check the laws and SUIT PREPARE ARGUMENTS - Art. 41 of the Constitution of Ukraine, according to which "everyone has right to possess, use and dispose of their property. No one can be unlawfully deprived of property rights. The right of ownership is inviolable "- Art. 526 of the Civil Code of Ukraine - "Obligation should be performed properly in accordance with the terms contract requirements and the Civil Code and other acts of civil legislation "- Art. 629 of the Civil Code of Ukraine: "The agreement is legally binding on the parties" - Art. 1060 Civil Code, which stipulates that "the contract of bank account (deposit) regardless of the type of bank is obliged to issue a contribution or part of the depositor on demand, "and repeating its 3.3 Provisions on the order of deposit operations (NBU № 516 from 03.12.2003 was) - the relevant paragraphs of the deposit agreement; - Art. 85 of the Law "On banks and banking activity", according to a moratorium on satisfaction of creditors' claims do not enter more than 6 months and does not apply to liabilities that arose after the introduction of the interim administration. DOCUMENTS - claim statement - a copy of the deposit agreement - a receipt supporting the introduction of money on deposit, or statement of account of the depositor; - Copies of statements about the desire to take the contribution of early or at the end of and response to the bank statement - a receipt the payment of registration fee (1%) and expenditure on information technology support the trial (252 UAH).
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