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Date: 4 months ago   Category: Finances

Return money: a precedent in the case of bankruptcy of broker company


The former client of EnergoCapital has received the claim with the requirement to return means to competitive weight. Whether to wait for similar claims another? Photo: depositphotos.com two years Later after bankruptcy of EnergoCapital broker company her former client has received the claim with the requirement to return money to competitive weight. At the disposal of the editorial office Business FM there are relevant documents. In total 148 statements of claim are submitted to arbitration court of St. Petersburg and area. At the same time the law on securities market unambiguously explains that money on the account of the broker always belongs to the client. What is such precedent dangerous by? The resident of St. Petersburg Vladimir was a client of EnergoCapital from the 90th. Recently on the account the large sum from sale of the apartment lay. This money was used for purchase of securities. In October, 2015 these means were necessary. The corresponding inquiry has been made, and after a while the company has given money, tells Vladimir: "I about this history have almost safely forgotten, and here such echo has arrived to me in two years. That is in October, 2017 I have received the letter with the notice that I am a defendant in a certain business. From me demand to return money which I have received, that is they treat return of money as the transaction in spite of the fact that money was on the isolated brokerage account. Funds of all together was considered. And so, on this brokerage account there was not enough money for payment to all clients". The Central Bank has deprived EnergoCapital of the license in December, 2015 in connection with violation of the Russian legislation, including for manipulation of stocks of Lenenergo at the trading of the Moscow exchange. Problems at EnergoCapital have begun in October of the same year: the company couldn't fulfill obligations under transactions, and after it have declared bankrupt. Bankruptcy of brokers — a rarity in Russia. Just in view of the fact that the broker is obliged to separate money of clients from the. And here, in fact, the receiver equates client means to money of EnergoCapital. Requirements of the receiver are illegal, the senior partner of the Forward Legal company Alexey Karpenko says. Alexey Karpenko is a lawyer, the senior partner of the Forward Legal company "The law on securities market very accurately differentiates money of the broker from money of the client. Irrespective of the fact which in the way the bankrupt broker considered means of clients. If the client is able to prove that money which he had withdrawn, his own, he withdrew them from the brokerage account, his operation is absolutely lawful, and the requirements of the receiver stated in court are not lawful. The court will have to the receiver to refuse. God forbid, the receiver will win, extremely unpleasant precedent for all users of services of brokers of the Russian Federation will be created. I hope, it won't occur. the 7th Law directly says that the broker's clients under no circumstances can't be his creditors on that money which they have given to the broker. This money принадлеж

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