Where are we
office@sw-partners.com
+38(097) 946 65 81
- Details
-
Published: 11 July 2014
-
Hits: 1038
11.07.2014. When placing money on deposit in the bank, be careful when receiving a receipt or other document confirming placing funds on deposit! The position of the Supreme Court: if receipt or other document confirming placing funds on deposit was done uncorrect, the bank is entitled not to return the deposit.
This position of the Supreme Court in Ukraine was done in the case № 6-96tsс14: Bank shall be entitled not to return the deposit if the passbook or receipt of confirming placing funds on deposit was uncorrect done.
The full text of the decision can be found here: http://www.scourt.gov.ua/clients/vsu/vsu.nsf/(documents)/9F438E5FE1720CC2C2257D0B001EB01B
According to this decision the bank has the right not to return the deposit because the receipt was not certified with seal which was necessary. But the investor is unable to check the correctness of the bank”s seal which should be used by cash desk - the legislation does not set requirements and internal bank documents inaccessible to him…
So, in this case the bank has the right not to return the deposit because the receipt was not certified with seal which was necessary - PJSC "Fіnansova іnіtsіativa" " Receipt and payment cash desk number 1."
Thus the investor has lost almost half a million dollars…
To prevent such situations we advise you to check on receipt or other document confirming placing funds on deposit the following details: Name of the bank, the transaction date, signature of the bank employee and seal of bank, which must contain the name of the bank (according to item 2.9. Instruction of cash transactions by banks in Ukraine, approved by the Board of NBU № 174 from 01.06.2011)