The expert explained the work of the new protective measures for the rights of shareholders
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- The expert explained the work of the new protective measures for the rights of shareholders
On December 14, amendments to the legislation came into force, which are aimed at additional protection of citizens' funds. From now on, the funds of shareholders will be placed only in those banks that are recognized as reliable in accordance with the national credit rating.
According to the new regulations, it will be possible to place funds of state corporations and companies, the personal responsibility fund of the tour operator, the Deposit Insurance Agency, as well as open escrow accounts for shared-equity construction only in those credit institutions that meet a certain level of credit rating.
Mark Zavodovsky, founder of BAZA Development, explained that the escrow account system is currently working quite well.
"The principle of opening an escrow account can improve it only after the developer has received project financing. In this case, it is already obvious that the developer has the money to build a house. And if the bank is able to provide project financing — these are billions of dollars, then the bank is quite reliable. Small players in the banking market will disappear automatically. The capital adequacy standards are correct — small capital cannot withstand large loans," he said.
According to the expert, the government's policy of developing maximum ways to protect the end user is always reasonable. Today, the Central Bank of the Russian Federation, which issues licenses, is the filter for banks.
"Moreover, every buyer, when purchasing an apartment, must understand for himself which bank has an escrow account. If this is a little-known, unreliable bank with small capital, it makes sense to choose another investment facility. Let me remind you that special escrow accounts are intended only for storing funds of shareholders. Banks do not have the opportunity to use this capital. Therefore, in case of bankruptcy, the money must remain safe," Zavodovsky added.
On December 6, Vladimir Koshelev, First Deputy Chairman of the State Duma Committee on Construction and Housing and Communal Services, proposed introducing a rule that would not allow the seller to return the property if he is unable to return the money to the buyer. According to him, the possibility of introducing guarantee mechanisms, such as escrow accounts or other ways to temporarily block funds, in transactions where there is a suspicion that the seller may be under pressure is also being discussed.
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