Pasquale Petrella * LAWN - The crisis of Sasch, the company that makes reference to the mayor's center-Prato, Robert Work, with its one hundred and seventy million euro of debt is coming to an end. Maybe it will end with the agreed or perhaps close with failure. Two things seem certain, however, having regard to the disproportionate amount of debt accumulated in recent years by: 1) on one side shines the inability of farmers driving, 2) the responsibility of the other shows at least one or more banks that have made a reckless lending to the Sasch. The company is in a liquidity crisis for several years and then the banks, especially those most exposed to the group today, they could not know. Indeed, the accusation that the court could move them, would be that the granting of credit abuse. A reckless financing that, if recognized, could also recognize the fraud on the part of those who decided to finance hedging this with mortgages on capital goods company, but knowing Sasch that it could never return to the other small creditors. A crisis that is penalizing then driven mainly small artisans and entrepreneurs who have worked with Sasch and not collected. If the authorization of Prato open a criminal file on this matter is very likely that in addition to the family place can be called to account even some big bank.
In this regard, I suggest reading a part of the book by Valentina Piccinini entitled "The relationship between banks and customers. Asymmetry and abusive conduct. "
The responsibility of the bank to grant credit abuse occurs when the bank, in violation of the rules governing the activity of credit and that require sistituti credit to implement a sound and prudent management and therefore especially careful assessment of the creditworthiness of the subject meritevolezza benefited lavishes credit continues to lavish credit to a person not deserving because they are already insolvent or potentially insolvent.
This conduct of the bank causes a delay in the declaration of bankruptcy or and undue prolongation of the presence of a subject decoction on the market with consequent damage that occurs simultaneously on these two subjects. On the one hand the creditors affected by an undue increase in the liabilities of the state and that affected their freedom of contract a causa dell'apparente solvibilità ingenerata dall'incauto finanziamento, persistono in rapporti obbligatori o concludono contratti con un soggetto in realtà tutto altro che solvibile. Dall'altro lato, la condotta della banca cagiona danno anche alla stessa impresa che ha reiteratamente ricevuto il credito in quanto l'ammontare del debito aumenta proporzionalmente e progressivamente a causa dei continui finanziamenti ricevuti e la cui restituzione non è in grado di onorare.
La condotta di abusiva concessione del credito si presenta dunque caratterizzata da una natura plurioffensiva giacchè reca pregiudizio tanto all'impresa finanziata che ai creditori della stessa.
La banca, al contrario, agisce nella consapevolezza di non take any risks but rather, acts with full knowledge of the facts because his conduct is mostly aimed at achieving, in mometno that gives it credit, real or personal guarantees by the same debtor or third parties. The guarantees obtained in this way to the bank to be able to provide equally or even more satisfying, make loans outside of the competition with other creditors, as well as prevent them the opportunity to pursue revocation actions to protect of their rights ...
Facing imminent and inevitable bankruptcy, the bank instead to abstain and refuse to grant credit, as would be its duty, knowingly it just gives the order to reduce the harm they would suffer if it is opened fouled. For example, the bank, the lending pushes back the date of declaration of bankruptcy. In this way it can move forward in the so-called suspect period, managing to consolidate dispositions that would otherwise be revoked. In essence, the bank misuse their power to extend credit to a person who does not deserve the credit.
* Pasquale Petrella
Provincial Secretary IDV Prato
0 comments:
Post a Comment