THE SUPREME COURT OF RUSSIA DEFENDED THE BANK CLIENT WHO WITHDREW MONEY JUST BEFORE THE LICENSE REVOCATION

The interests of one of the bank's clients, who had the imprudence to withdraw part of the funds on the account just before the revocation of the license from the credit institution, have recently been protected by the ruling of the Supreme Court of the Russian Federation.

At the same time, the reason for the appeal to the higher court was the decisions of the court of appeal and the district court, which, at the request of the manager, recognized the transaction as invalid.

Despite this, the Economic Board of the Supreme Court of Russia stood up for the client, pointing out that in the case under consideration, in order to invalidate the transaction, it is necessary to prove the fact of the preference of the applicant's interests to the interests of other creditors.

In other words, it is important that there is a circumstance indicating a particular advantageous position of the client in relation to others who, under similar conditions, would not be able to carry out such an operation.

The applicant himself has repeatedly indicated that the withdrawn amount was necessary for him to pay for the contract for the acquisition of real estate, the last payment date for which was the date of withdrawal of funds from the bank. What is more, not the entire amount was withdrawn from the account, but only that part of it that was necessary for payment, which also testifies in favor of the applicant.

In addition, at the same time, other clients also received their funds in the branch where he was withdrawing money, which indicates the satisfaction of his interests on an equal basis with others.

As a result of consideration, the complaint of the bank's client was satisfied, the manager’s claims to recognize the transaction as invalid has been rejected (definition No. 305-ES18-22224 (100) of August 21, 2020).