M. Zholobetska; M. Polennikov
The underlying insolvency and liquidity loss of the vast majority of banks is the presence of problem debt in them, or ‘toxic assets.’ At the same time, the presence of a significant part of the problem debt in the loan portfolio of domestic banks leads to an increase in stress assets and reduces the possibility of lending to the national economy. In addition, the growth of problem debt has constantly led to an increase in reserves for such loans. And if you add another revaluation to the hryvnia equivalent of troubled currency loans, under which also needed to form reserves, then quite logical was the activity of some banks, aimed at getting rid of troubled loans by selling to a third party (mostly factoring companies).
An analysis of expert and court practice in claims for debt collection under a loan agreement in the event of a deferral of the claim through the sale of a loan portfolio and by concluding a factoring agreement indicates that there are problematic issues due to the fact that the materials of the case submitted for research do not include the proper executed documents confirming the transition of the right of claim and its volume, and the petition of experts on cases of confirmation of arrears under loan agreements in the presence of documents in the case file overs factoring, cessions are usually partially satisfied. Input data for conducting an examination, in many cases, is reflected ambiguously in the materials provided for research.
In this article, the authors considered the relationship between banks and financial or factoring companies. But it should be noted that there are asset management companies, in addition, Ukrainian legislation allows the creation of corporate and unit investment funds.
Taking into account the foregoing, in order to find solutions and work out common methodological approaches we invite all experts to professional discussion and exchange of experience. After summarizing the information on this topic, the issues that will arise will be highlighted in the following articles.
Key words: loan portfolio, cession, factoring, bad debts.