THE LATE REFLECTION OF TRANSACTIONS BY THE BANK DOES NOT INDICATE THAT THEY ARE IMAGINARY

Between PJSC "Bank of Energy Engineering" and LLC "Gaz-Alliance Company", surety agreements were concluded to ensure the fulfillment of obligations of a number of borrowers and under agreements on the opening of renewable credit lines concluded during the same period.

In addition, the fulfillment of obligations under individual loan agreements was secured by the pledge of goods in circulation owned by Gaz-Alliance additionally, on the basis of several pledge agreements.

The Bank submitted the relevant claims to the company as the person who issued the collateral, referring to the improper fulfillment of credit obligations.

The lower courts did not satisfy the application, stating the absence of his legal affiliation with the company, however, the courts recognized them as actually affiliated.

The courts concluded that it was inappropriate to conclude security transactions. Based on this, the courts recognized the surety agreements as null and void.

The higher instance did not agree with the lower courts and, having annulled their judicial acts, sent the dispute for a new hearing to the court of first instance, pointing out that the later reflection of the guarantee agreements in the bank's accounting does not in itself indicate that these agreements were concluded not on the dates specified in them. Credit agreements were not excluded by the courts from the evidence in the case.

A detailed review has been prepared by the Association of Lawyers for Registration, Liquidation, Bankruptcy and Judicial Representation