18:50 19.08.2015

Eximagrokom LLC accuses the First Ukrainian International Bank of raiding – open letter to the Head of the National Bank of Ukraine

2 min read
Kyiv, 19 August 2015. Eximagrokom LLC appealed to Valeria Hontareva, the Head of the National Bank of Ukraine with an open letter concerning gross violation by PJSC First Ukrainian International Bank (PUMB) of Ukrainian banking legislation. In an open letter dated 18 August 2015 Eximagrokom LLC management calls on the country's top banking regulator to investigate and promptly respond to the facts of gross violation of the Law of Ukraine On Banks and Banking by PJSC First Ukrainian International Bank (PUMB) officials. According to the letter, the PUMB officials, "resorting to forgery of contracts of guarantee, violating the guaranteed by law right to banking secrecy, and engaging in an illegal conspiracy with third parties, PUMB tries to illegally take possession of Eximagrokom’s property". In July 2015, Eximagrokom LLC received a court claim, from which they learned that in February 2015 PUMB and a company, previously unfamiliar to Eximagrokom – Modern Business LLC – signed a guarantee agreement under which the latter allegedly vouched before the bank for Eximagrokom’s carrying out their obligations under the loan agreement with a petty amount of 100, 000 UAH. Despite the fact that PUMB and Eximagrokom LLC are registered in Kyiv and the jurisdiction of the loan agreements’ case must be considered by Kyiv Commercial Court, PUMB used fictitious guarantor with registration in Dnepropetrovsk to transfer the lawsuit’s jurisdiction to the Commercial Court of Dnipropetrovsk region, where the hearings take place with numerous procedural violations. Eximagrokom management states that "the agreement is a sham as there is no connection between neither the so-called guarantor nor its founder or related persons and Eximagrokom. Our company did not ask Modern Business to provide guarantees”. Eximagrokom management claims that the bank uses the scheme with the fictitious guarantor to seize the company’s property: “Based on the loan of UAH 36 million, PUMB is trying to take over Eximagrokom’s property worth more than 60 million USD”. In view of the above, Eximagrokom LLC had to file an appropriate complaint to law enforcement authorities in Dnipropetrovsk. Today, on August 19, 2015 Economic Court of Dnipropetrovsk region sustained PUMB’s claim against Eximagrokom in full. The judge G. Manko, apparently for fear of publicity, banned video recording of the hearing and closed the hearing for the public.
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