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24 07 / 17

UCHET.NALOGI.PRAVO | the 25-31st of July 2017 №26 PARTNER OF THE COMPANY MARAT HASANOV HAVE MADE A COMMENT ON CONFLICT WITH A BANK IN RELATION TO A LIST OF DOCUMENTS FOR A LOAN APPROVAL FOR LEGAL ENTITY.

Conflict with a bank. Bankers have forced to present a passport of the accountant general for revision. Otherwise, bank refused to give a loan. Bankers and independent experts have looked into the question, if such a requirement of a bank was legal.

«Considering that a loan for a legal entity vastly differs from a loan for a person, a large number of documents is necessary. Firstly, this is about a significantly big amounts of a loan. Secondly, the risk assessment system in a field of loans for legal entities is much more complicated, than the same for private individuals.  For example, Sovkombank have put in a list of documents for getting a loan, inter alia, copies of internal passports of company officials (a general manager/manager, accountant general/ the officer-in-charge of accountant general, who are authorized to sign a contract (contracts) with a bank. Banks minimize risks relating with credit default and protect themselves from all kinds of fraud by such requirements for the list of documents.

An accountant general incures climinal liability when the fact of his participation in falsification of documents, which includes accounting, with an aim to avoid a loan repayment was proved (article 159.1 of Criminal Code)», - considers the partner of the legal group “PARADIGMA” Marat Hasanov.