Banking law. Loan agreement. The procedure for providing funds under a loan agreement (the most important)

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Banking law. Loan agreement. The procedure for providing funds under a loan agreement (the most important)

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43. Loan agreement. The procedure for providing funds under a loan agreement

According to the loan agreement, on the one hand, the bank or other credit organization (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement; on the other hand, the borrower undertakes to return the amount of money received and pay interest on it. The loan agreement is consensual, mutually binding, and is concluded only in writing. Its non-observance entails the invalidity of the loan agreement, and it is considered void.

The parties may refuse to complete the transaction in the following cases:

1) the creditor has the right to refuse:

a) from granting to the borrower a loan stipulated by the loan agreement in full or in part in the presence of circumstances that clearly indicate that the amount of money provided to the borrower will not be returned on time;

b) from further lending to the borrower under the agreement in case of violation by the borrower of the obligation stipulated by the loan agreement for the intended use of the loan;

2) the borrower has the right to refuse to receive a loan in whole or in part, notifying the creditor of this before the term for its provision established by the agreement, unless otherwise provided by law, other legal acts or a loan agreement.

Principles of bank lending: repayment; payment; security; purposefulness.

The procedure for the provision of funds by credit institutions is regulated by the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", "On Banks and Banking", as well as the Regulations of the Central Bank of the Russian Federation "On the procedure for the provision (placement) of funds by credit institutions and their return (repayment) "dated 3108.1998 No. 54-P. The provision of funds under a loan agreement can be carried out both in the national currency of the Russian Federation and in foreign currencies in compliance with the requirements of the current legislation.

The bank provides the client with funds under loan agreements in the following order:

a) to legal entities - only in a non-cash manner by crediting funds to a settlement or correspondent account / sub-account of the borrower client opened on the basis of a bank account agreement, including when providing funds for payment of payment documents and for the payment of wages;

b) individuals in a non-cash manner by crediting funds to the bank account of the client-borrower of an individual, which also means an account for recording the amounts of deposits attracted by the bank of individuals in the bank and in cash through the bank's cash desk. Provision (placement) of funds in foreign currency to legal entities and individuals is carried out by authorized banks in a cashless manner.

Ways for the bank to provide funds to the client under a loan agreement: one-time crediting of funds to bank accounts; issuance of cash to a borrower - an individual; opening a credit line, i.e. concluding an agreement on the basis of which the client-borrower acquires the right to receive and use funds within a specified period; lending by the bank to the bank account of the client-borrower and payment of settlement documents from the bank account of the client-borrower, etc.

When opening a credit, the following conditions are met:

1) the total amount of funds provided to the client-borrower must not exceed the maximum amount (limit) specified in the agreement;

2) during the term of the agreement, the amount of the one-time debt of the client-borrower does not exceed the limit established by this agreement.

Author: Belousov D.S.

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