THE LAW STATUS OF THE CREDIT INTERMEDIATORS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
In this article author analyzes the legal status of credit intermediators. There is no financial intermediation term in the Civil code of Ukraine. Economic code of Ukraine makes difference between financial intermediation such as main and additional activities. In the article discovers legal and economic characteristics of this activity. Author pays attention on economic researches, where main activity of banks and other credit organizations considers as financial intermediators. The economical nature of credit organizations status were analyzed by lawyers. In this case, in scientific literature, the financial intermediation considers by economical lawyers as system of indirect financing which consists of attraction of financial resources with purpose of their next placement in financial assets. At the same time author says that even a bank is known as a financial intermediator because it engages in placement of attractional financial resources, but it activity follows from contact forms such as credit contracts and deposit contracts. A bank arranges this contacts as independent subject from its own name and in its own interests. However agent works from his own name or clients name but always in client interests. In the act about financial service the agencies activity in crediting considers as additional. There is crediting agent in the new act about consumer crediting. These subjects can be credit agents and credit brokers who works in creditor interests. In the article suggests to change this legislative view and provides the opportunity to arrange financial intermediation contracts in the interests of borrower. According to this contact, credit broker can give to the consumer financial services: analysis of documents, borrowers responsibility valuation, finding the optimal plan of crediting, cutdown risk of rejection in receiving a credit, nearly account of total value of credit, helping in registration and presentation documents to creditor.
Authors and Affiliations
С. М. Лепех
Keywords
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